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| Public Act 097-0599 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Self-Service Storage Facility Act is amended | ||||
by changing Sections 2 and 4 and by adding Sections 7.5 and | ||||
7.10 as follows:
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(770 ILCS 95/2) (from Ch. 114, par. 802)
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Sec. 2. Definitions. As used in this Act, unless the | ||||
context clearly
requires otherwise:
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(A) "Self-service storage facility" means any real | ||||
property designed and
used for the purpose of renting or | ||||
leasing individual storage space to occupants
who are to have | ||||
access to such for the purpose of storing and removing personal
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property. A self-service storage facility is not a warehouse | ||||
for purposes
of Article 7 of the Uniform Commercial Code.
If an | ||||
owner issues any warehouse receipt, bill of lading, or other | ||||
document
of title for the personal property stored,
the | ||||
provisions of this Act do not apply.
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(B) "Owner" means the owner, operator, lessor, or sublessor | ||||
of a self-service
storage facility, his agent, or any other | ||||
person authorized by him to manage
the facility, or to receive | ||||
rent from an occupant under a rental agreement.
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(C) "Occupant" means a person, his sublessee, successor, or | ||||
assign, entitled
to the use of the storage space at a | ||
self-service storage facility under
a rental agreement, to the | ||
exclusion of others.
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(D) "Rental agreement" means any agreement or lease, | ||
written or oral,
that establishes or modifies the terms, | ||
conditions, rules or any other provisions
concerning the use | ||
and occupancy of a self-service storage facility.
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(E) "Personal property" means movable property not affixed | ||
to land, and
includes, but is not limited to goods, | ||
merchandise, motor vehicles, watercraft, and household items.
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(F) "Last known address" means that address provided by the | ||
occupant in
the latest rental agreement, or the address | ||
provided by the occupant in
a subsequent written notice of a | ||
change of address.
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(G) "Late fee" means a charge assessed for an occupant's | ||
failure to pay rent when due. "Late fee" does not include | ||
interest on a debt, reasonable expenses incurred in the | ||
collection of unpaid rent, or costs associated with the | ||
enforcement of any other remedy provided by statute or | ||
contract. | ||
(Source: P.A. 83-800.)
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(770 ILCS 95/4) (from Ch. 114, par. 804)
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Sec. 4. Enforcement of lien. An owner's lien as provided | ||
for in Section
3 of this Act for a claim which has become due | ||
may be satisfied as follows:
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(A) The occupant shall be notified;
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(B) The notice shall be delivered: | ||
(1) in person; or | ||
(2) sent by certified mail
or by first-class mail with | ||
a certificate of mailing to the last known address of the | ||
occupant;
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(C) The notice shall include:
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(1) An itemized statement of the owner's claim showing | ||
the sum due at
the time of the notice and the date when the | ||
sum became due;
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(2) The name of the facility, address, telephone | ||
number, date, time, location, and manner of the lien sale, | ||
and the occupant's name and unit number; A brief and | ||
general description of the personal property subject to
the | ||
lien. The description shall be reasonably adequate to | ||
permit the person
notified to identify it, except that any | ||
container including, but not limited
to, a trunk, valise, | ||
or box that is locked, fastened, sealed, or tied in
a | ||
manner which deters immediate access to its contents may be | ||
described
as such without describing its contents;
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(3) A notice of denial of access to the personal property, | ||
if such denial
is permitted under the terms of the rental | ||
agreement, which provides the
name, street address, and | ||
telephone number of the owner, or his designated
agent, whom | ||
the occupant may contact to respond to this notice; | ||
(3.5) Except as otherwise provided by a rental agreement | ||
and until a lien sale, the exclusive care, custody, and control | ||
of all personal property stored in the leased self-service | ||
storage space remains vested in the occupant. No bailment or | ||
higher level of liability is created if the owner over-locks | ||
the occupant's lock, thereby denying the occupant access to the | ||
storage space. Rent and other charges related to the lien | ||
continue to accrue during the period of time when access is | ||
denied because of non-payment;
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(4) A demand for payment within a specified time not less | ||
than 14 days
after delivery of the notice;
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(5) A conspicuous statement that unless the claim is paid | ||
within the time
stated in the notice, the personal property | ||
will be advertised for sale
or other disposition, and will be | ||
sold or otherwise disposed of at a specified
time and place.
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(D) Any notice made pursuant to this Section shall be | ||
presumed delivered
when it is deposited with the United States | ||
Postal Service, and properly
addressed with postage prepaid;
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(E) After the expiration of the time given in the notice, | ||
an advertisement
of the sale or other disposition shall be | ||
published once a week for two
consecutive weeks in a newspaper | ||
of general circulation where the self-service
storage facility | ||
is located. The advertisement shall include:
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(1) The name of the facility, address, telephone number, | ||
date, time, location, and manner of lien sale and the | ||
occupant's name and unit number. A brief and general | ||
description of the personal property reasonably
adequate to | ||
permit its identification as provided for in division (C)(2)
of | ||
this Section;
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(2) (Blank). The address of the self-service storage | ||
facility and the number, if
any, of the space where the | ||
personal property is located and the name of the occupant;
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(3) The time, place, and manner of the sale or other | ||
disposition. The
sale or other disposition shall take place not | ||
sooner than 15 days after
the first publication. If there is no | ||
newspaper of general circulation
where the self-service | ||
storage facility is located, the advertisement shall
be posted | ||
at least 10 days before the date of the sale or other | ||
disposition
in not less than 6 conspicuous places in the | ||
neighborhood where the self-service
storage facility is | ||
located.
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(F) Any sale or other disposition of the personal property | ||
shall conform
to the terms of the notification as provided for | ||
in this Section;
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(G) Any sale or other disposition of the personal property | ||
shall be held
at the self-service storage facility, or at the | ||
nearest suitable place to
where the personal property is held | ||
or stored;
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(G-5) If the property upon which the lien is claimed is a | ||
motor vehicle or watercraft and rent or other charges related | ||
to the property remain unpaid or unsatisfied for 60 days, the | ||
owner may have the property towed from the self-service storage | ||
facility. If a motor vehicle or watercraft is towed, the owner | ||
shall not be liable for any damage to the motor vehicle or | ||
watercraft, once the tower takes possession of the property. | ||
After the motor vehicle or watercraft is towed, the owner may | ||
pursue other collection options against the delinquent | ||
occupant for any outstanding debt. If the owner chooses to sell | ||
a motor vehicle, aircraft, mobile home, moped, motorcycle, | ||
snowmobile, trailer, or watercraft, the owner shall contact the | ||
Secretary of State and any other governmental agency as | ||
reasonably necessary to determine the name and address of the | ||
title holder or lienholder of the item, and the owner shall | ||
notify every identified title holder or lienholder of the time | ||
and place of the proposed sale. The owner is required to notify | ||
the holder of a security interest only if the security interest | ||
is filed under the name of the person signing the rental | ||
agreement or an occupant. An owner who fails to make the lien | ||
searches required by this Section is liable only to valid | ||
lienholders injured by that failure as provided in Section 3; | ||
(H) Before any sale or other disposition of personal | ||
property pursuant
to this Section, the occupant may pay the | ||
amount necessary to satisfy the
lien, and the reasonable | ||
expenses incurred under this Section, and thereby
redeem the | ||
personal property. Upon receipt of such payment, the owner | ||
shall
return the personal property, and thereafter the owner | ||
shall have no liability
to any person with respect to such | ||
personal property;
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(I) A purchaser in good faith of the personal property sold | ||
to satisfy
a lien, as provided for in Section 3 of this Act, | ||
takes the property free
of any rights of persons against whom | ||
the lien was valid, despite noncompliance
by the owner with the | ||
requirements of this Section;
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(J) In the event of a sale under this Section, the owner | ||
may satisfy his
lien from the proceeds of the sale, but shall | ||
hold the balance, if any,
for delivery on demand to the | ||
occupant. If the occupant does not claim
the balance of the | ||
proceeds within one year two years of the date of sale, it | ||
shall
become the property of the owner without further recourse | ||
by the occupant.
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(K) The lien on any personal property created by this Act | ||
shall be terminated
as to any such personal property which is | ||
sold or otherwise disposed of
pursuant to this Act and any such | ||
personal property which is removed from
the self-service | ||
storage facility. | ||
(L) If 3 or more bidders who are unrelated to the owner are | ||
in attendance at a sale held under this Section, the sale and | ||
its proceeds are deemed to be commercially reasonable.
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(Source: P.A. 83-800.)
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(770 ILCS 95/7.5 new) | ||
Sec. 7.5. Limitation of value. If the rental agreement | ||
contains a limit on the value of property that may be stored in | ||
the occupant's space, this limit is deemed to be the maximum | ||
value of the stored property, provided that this limit | ||
provision must be printed in bold type or underlined in the | ||
rental agreement in order to be enforceable. In addition to the | ||
remedies otherwise provided by law, only the occupant listed on | ||
the last known rental agreement injured by a violation of this | ||
Act may bring a civil action to recover damages. | ||
(770 ILCS 95/7.10 new) | ||
Sec. 7.10. Late fees. | ||
(a) A reasonable late fee may be imposed and collected by | ||
an owner for each service period that an occupant does not pay | ||
rent when due under a rental agreement, provided that the due | ||
date for the rental payment is not earlier than the day before | ||
the first day of the service period to which the rental payment | ||
applies. No late payment fee shall be assessed unless the | ||
rental fee remains unpaid for at least 5 days after the date | ||
specified in the rental agreement for payment of the rental | ||
fee. | ||
(b) No late fee may be collected pursuant to this Section | ||
unless the amount of that fee and the conditions for imposing | ||
that fee are stated in the rental agreement or in an addendum | ||
to that agreement. | ||
(c) For purposes of this Section, a late fee of $20 or 20% | ||
of the rental fee for each month an occupant does not pay rent, | ||
whichever is greater, is deemed reasonable and does not | ||
constitute a penalty. | ||
(d) Any reasonable expense incurred as a result of rent | ||
collection or lien enforcement by an owner may be charged to | ||
the occupant in addition to the late fees permitted by this | ||
Section. If any such expenses are charged, they shall be | ||
identified on an itemized list that is available to the | ||
occupant.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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