As used in this chapter, unless the context otherwise requires:
35-33-02. Lien against property.
The owner of a self-service storage facility has a lien on all personal property stored under a rental agreement in a storage space at the self-service storage facility for rent, labor, and other charges, and for expenses reasonably incurred in the sale or other disposition of the property under law. This lien is superior to other security interests except those perfected before the date the lien attaches. The lien attaches upon default by the occupant as stated in the notice of default served on the occupant as provided in this chapter.
35-33-03. Denial of access - Disposal of property.
If the occupant is in default, the owner may deny the occupant access to the leased space and enforce the lien by selling the property stored in the leased space. Sale of the property may be by public or private proceeding and may also be as a unit or in parcels. After the proceeding, the owner may dispose of any property that was offered for sale but which remained unsold.
35-33-04. Custody and control of property.
Unless the rental agreement provides otherwise, until a sale under this chapter, the occupant is responsible for the care, custody, and control of all property stored in the leased storage space, unless the owner secures the property elsewhere during the sale proceedings.
35-33-05. Notice of proceedings.
Before conducting a sale, the owner shall:
35-33-06. Sale of property - Application of proceeds.
At any time before the sale, the occupant may pay the amount necessary to satisfy the lien and redeem the occupant's property. If a sale is held, the owner shall satisfy the lien from the proceeds of the sale and hold the balance, if any, for delivery on demand to the occupant or any other recorded lienholder for a period of two years from the date of sale. The owner may retain any balance unclaimed after the two-year period.
35-33-07. Protection of purchaser in good faith.
A purchaser in good faith of any property sold under this chapter takes the property clear of any rights of persons against whom the lien was valid, subject to the rights of prior lienholders.
35-33-08. Liability of owner.
If the owner complies with this chapter, the owner's liability to the occupant is limited to the application of the proceeds received from the sale of the property necessary to satisfy the lien. The owner's liability to other lienholders is limited to the proceeds received from the sale of any property covered by the other lien less the amount necessary to satisfy the owner's lien.
35-33-09. Validity of certain rental agreements.
Any rental agreement entered before August 1, 1997, remains valid and may be enforced or terminated in accordance with its terms or as permitted by any other law of this state.
35-33-10. Sale proceedings - Titled vehicles.
The sale proceedings in this chapter are sufficient to provide the instruments or documents of authority necessary to obtain a transfer of title to vehicles under section 39-05-19.
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