TITLE 40, Liens - Chapter 4, Storage Liens
40-401. Definitions. For the purposes of this chapter, the term:
HISTORY: (Feb. 6, 2004, D.C. Law 15-64, § 2, 50 DCR 9303.)
Legislative history of Law 15-64. --
Law 15-64, the "Self Storage Act of 2003", was introduced in Council and assigned Bill No. 15-105, which was referred to Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on July 8, 2003, and October 7, 2003, respectively. Signed by the Mayor on October 24, 2003, it was assigned Act No. 15-182 and transmitted to both Houses of Congress for its review. D.C. Law 15-64 became effective on February 6, 2004.
40-402. Prohibited acts.
HISTORY: (Feb. 6, 2004, D.C. Law 15-64, § 3, 50 DCR 9303.)
40-403. Lien for rent, labor, or other charges.
HISTORY: (Feb. 6, 2004, D.C. Law 15-64, § 4, 50 DCR 9303.)
40-404. Enforcement of lien.
(a) (1) If the occupant is in default for a period of more than 60 days, the operator may enforce the lien by selling the property stored in the leased space at a public sale.
(2) Proceeds from the sale shall be applied to satisfy the lien, and any surplus shall be disbursed as provided in subsection (e) of this section.
(b) Before conducting a sale under subsection (a) of this section, the operator shall:
3. At least 3 days before the sale, advertise the time, place, and terms of the sale in a newspaper of general circulation in the jurisdiction where the sale is to be held.
(c) At any time before a sale under this section, the occupant may pay the amount necessary to satisfy the lien and redeem the occupant's personal property.
(d) The sale under this section shall be held at the self-service storage facility where the personal property is stored.
(e) If a sale is held under this section, the operator shall:
(f) A purchaser in good faith of any personal property sold under this chapter shall take the property free and clear of any rights of:
(g) If the operator complies with the provisions of this chapter, the operator's liability:
(h) If an occupant is in default, the operator may deny the occupant access to the leased space.
(i) (1) Unless otherwise specifically provided, all notices required by this chapter shall be sent by certified mail, return receipt requested.
(2) (A) Notices sent to the operator shall be sent to the self-service storage facility where the occupant's property is stored.
(B) Notices to the occupant shall be sent to the occupant at the occupant's last known address.
(3) Notices shall be deemed delivered when deposited with the United States Postal Service, properly addressed as provided in subsection (b) of this section, with postage prepaid.
(j) The operator shall retain a copy of the second notice of default and the return receipt as provided in subsection (b)(2) of this section for 6 months following the date of the lien sale.
HISTORY: (Feb. 6, 2004, D.C. Law 15-64, § 5, 50 DCR 9303.)
40-405. Personal property vested in occupant.
Unless the rental agreement specifically provides otherwise and until a lien sale under this chapter, the exclusive care, custody, and control of all personal property stored in the leased self-service storage space shall remain vested in the occupant.
HISTORY: (Feb. 6, 2004, D.C. Law 15-64, § 6, 50 DCR 9303.)
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