415.415. Lien on stored property, when, notice regarding, priority of, how enforced and satisfied--sale of property, procedure, duties of operator, distribution of proceeds--redemption by occupant, wh

MISSOURI STATUTES AND CODES

415.415. Lien on stored property, when, notice regarding, priority of, how enforced and satisfied--sale of property, procedure, duties of operator, distribution of proceeds--redemption by occupant, wh

Lien on stored property, when, notice regarding, priority of, howenforced and satisfied--sale of property, procedure, duties ofoperator, distribution of proceeds--redemption by occupant, when.

415.415. 1. The operator of a self-service storage facility has alien on all personal property stored within each leased space for rent,labor, or other charges, and for expenses reasonably incurred in sale ofsuch personal property, as provided in sections 415.400 to 415.430. Thelien established by this subsection shall have priority over all otherliens except those liens that have been perfected and recorded on personalproperty. The rental agreement shall contain a statement, in bold type,advising the occupant of the existence of such lien and that propertystored in the leased space may be sold to satisfy such lien if the occupantis in default, and that any proceeds from the sale of the property whichremain after satisfaction of the lien will be paid to the state treasurerif unclaimed by the occupant within one year after the sale of theproperty.

2. If the occupant is in default for a period of more than thirtydays, the operator may enforce the lien granted in subsection 1 of thissection and sell the property stored in the leased space for cash. Sale ofthe property stored on the premises may be done at a public or privatesale, may be done as a unit or in parcels, or may be by way of one or morecontracts, and may be at any time or place and on any terms as long as thesale is done in a commercially reasonable manner in accordance with theprovisions of section 400.9-627, RSMo. The operator may otherwise disposeof any property which has no commercial value.

3. The proceeds of any sale made under this subsection shall beapplied to satisfy the lien, with any surplus being held for delivery ondemand to the occupant or any other lienholders which the operator knows ofor which are contained in the statement filed by the occupant pursuant tosubsection 3 of section 415.410 for a period of one year after receipt ofproceeds of the sale and satisfaction of the lien. No proceeds shall bepaid to an occupant until such occupant files a sworn affidavit with theoperator stating that there are no other valid liens outstanding againstthe property sold and that he or she, the occupant, shall indemnify theoperator for any damages incurred or moneys paid by the operator due toclaims arising from other lienholders of the property sold. After theone-year period set in this subsection, any proceeds remaining aftersatisfaction of the lien shall be considered abandoned property to bereported and paid to the state treasurer in accordance with laws pertainingto the disposition of unclaimed property.

4. Before conducting a sale under subsection 2 of this section, theoperator shall:

(1) At least forty-five days before any disposition of property underthis section, which shall run concurrently with subsection 2 of thissection, notify the occupant and each lienholder which is contained in anystatement filed by the occupant pursuant to subsection 3 of section 415.410of the default by first-class mail at the occupant's or lienholder's lastknown address;

(2) No later than ten days after mailing the notice required insubdivision (1) of this subsection, mail a second notice of default, byregistered or certified mail, to the occupant at the occupant's orlienholder's last known address, which notice shall include:

(a) A statement that the contents of the occupant's leased space aresubject to the operator's lien;

(b) A statement of the operator's claim, indicating the charges dueon the date of the notice, the amount of any additional charges which shallbecome due before the date of release for sale and the date thoseadditional charges shall become due;

(c) A demand for payment of the charges due within a specified time,not less than ten days after the date on which the second notice wasmailed;

(d) A statement that unless the claim is paid within the time stated,the contents of the occupant's space will be sold after a specified time;and

(e) The name, street address and telephone number of the operator, ora designated agent whom the occupant may contact, to respond to the notice;

(3) At least seven days before the sale, advertise the time, placeand terms of the sale in a newspaper of general circulation in thejurisdiction where the sale is to be held. Such advertisement shall be inthe classified section of the newspaper and shall state that the items willbe released for sale.

5. At any time before a sale under this section, the occupant may paythe amount necessary to satisfy the lien and redeem the occupant's personalproperty.