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Indiana Abandoned Property – Self Storage Law

Abandoned Property – Abandoned Property Self Storage – Indiana

Note:  This summary is not intended to be an all inclusive discussion of abandoned property law, but does include basic provisions.  You should check the State Laws for updates.

Indiana Code
TITLE 26. COMMERCIAL LAW
ARTICLE 3. WAREHOUSES
CHAPTER 8. SELF-SERVICE STORAGE FACILITIES
IC 32-8-35
Chapter 35. Personalty: Warehouseman’s Lien

Sec. 1.
All persons, firms, limited liability companies, and corporations engaged in the business of storing, warehousing and forwarding of goods, wares and merchandise shall have a lien upon all goods, wares and merchandise left with them for storage, warehousing or forwarding, to the extent of the value of such services of storage, warehousing or forwarding, together with their fair and reasonable charges for transporting said goods, wares and merchandise to the place of storage, warehousing or forwarding, and their fair and reasonable charges for packing, crating and otherwise placing said goods, wares and merchandise in condition to be stored, warehoused or forwarded; however, such goods shall remain in the possession of said person, firm, limited liability company, or corporation so engaged in said business.
Title 26, Article 3, Chap. 35, IC 32-8-35-1

Sec. 2.
Any goods, wares, or merchandise, or so much thereof as shall be necessary, which shall have remained in the possession of any such person, firm, limited liability company, or corporation for a period of six (6) months or more, without the payment of the charges due thereon, may be sold at public auction to pay the amount of the lien and the expenses of the sale.

Before such sale, such person, firm, limited liability company, or corporation shall give public notice of the time and place thereof by advertisements set up for ten (10) days in three (3) public places in the city or township in which said goods, wares or merchandise are located, one (1) of which shall be in some conspicuous part of his or its place of business, or, if the value of the article or articles be ten dollars ($10.00) or more, by publishing the same three (3) weeks successively in a newspaper published in the county or city in which the goods are located. The notice shall state the time, place and date of sale, give a general description of the goods to be sold and state the name of the person to whom a receipt for such goods was issued.
Title 26, Article 3, Chap. 35, IC 32-8-35-2

Sec. 3.
The proceeds of such sale, after payment of all lien charges, together with the expenses of notice and sale, shall, if the owner be absent from said sale, be deposited with the treasurer of the county in which said sale was had, and a receipt issued therefor, and shall be subject to the order of the person legally entitled thereto.
Title 26, Article 3, Chap. 35, IC 32-8-35-3

Chapter 8. Self-Service Storage Facilities

Sec. 1.
As used in this chapter, “default” means the failure of a renter to perform, in a timely fashion, any duty imposed by section 10 of this chapter or by a rental agreement.
Title 26, Article 3, Chap. 35, IC 26-3-8-1

Sec. 2.
As used in this chapter, “emergency” means any sudden, unexpected occurrence or circumstance at or near a self-service storage facility that requires immediate action to avoid injury to persons or property at or near the self-service storage facility.
Title 26, Article 3, Chap. 35, IC 26-3-8-2

Sec. 3.
As used in this chapter, “last known address” means the address provided to the owner by the renter:

(1) for the purposes of the latest rental agreement; or

(2) in a written notice of a change of address after the latest rental agreement.

Title 26, Article 3, Chap. 35, IC 26-3-8-3

Sec. 4.
As used in this chapter, “rented space” means the individual storage space at a self-service storage facility that is rented to a renter under a rental agreement.

Title 26, Article 3, Chap. 35, IC 26-3-8-4

Sec. 5.
As used in this chapter, “renter” means:

(1) a person who is entitled to the use of a rented space in a self-service storage facility under a rental agreement; or

(2) the sublessee, successor, or assignee of a person described in subdivision (1).

Title 26, Article 3, Chap. 35, IC 26-3-8-5

Sec. 6.
As used in this chapter, “owner” means:

(1) the owner, operator, lessor, or sublessor of a self-service storage facility;

(2) the agent of a person described in subdivision (1); or

(3) any person authorized by a person described in subdivision (1) to manage a self-service storage facility or to receive rent from a renter under a rental agreement.

Title 26, Article 3, Chap. 35, IC 26-3-8-6

Sec. 7.
As used in this chapter, “personal property” means movable property not affixed to land. The term includes goods, wares, merchandise, and household items.

Title 26, Article 3, Chap. 35, IC 26-3-8-7

Sec. 8.
As used in this chapter, “rental agreement” means any written agreement or lease that establishes or modifies the terms under which a renter may store personal property in a rented space in a self-service storage facility.

Title 26, Article 3, Chap. 35, IC 26-3-8-8

Sec. 9.
As used in this chapter, “self-service storage facility” means any real property designed and used for the renting of space under a rental agreement that provides a renter access to rented space for the storage and retrieval of personal property.

Title 26, Article 3, Chap. 35, IC 26-3-8-9

Sec. 10.
A renter, upon a reasonable request from the owner, shall allow the owner to enter arented space for the purpose of:

(1) inspection;

(2) repair;

(3) alteration;

(4) improvement; or

(5) providing other services that are necessary or were agreed to by the renter.

If an emergency occurs, an owner may enter a rented space for any purpose set forth in this section without notice to or consent from the renter.

Title 26, Article 3, Chap. 35, IC 26-3-8-10

Sec. 11.

(a) The owner of a self-service storage facility has a lien upon all personal property present in the self-service storage facility for:

(1) rent, labor, or other charges that accrue in connection with the personal property under the rental agreement;

(2) expenses necessary for the preservation of the personal property; and

(3) expenses reasonably incurred in the sale or other disposition of the personal property under this chapter.

(b) The lien described in subsection (a) is superior to any other lien or security interest, except for:

(1) a lien or security interest perfected before any sale or other disposition of the personal property; and

(2) any tax lien, as provided by law.

(c) The lien described in subsection (a) attaches on the date on which personal property is placed in a rented space. Every rental agreement must contain a statement in bold type notifying the renter of the existence of the lien and of the method by which the owner may enforce the lien under this chapter.

Title 26, Article 3, Chap. 35, IC 26-3-8-11

Sec. 12.

(a) After a renter has been in default continuously for thirty (30) days, an owner may begin enforcement of the owner’s lien under this chapter.

(b) An owner enforcing the owner’s lien under this chapter may:

(1) deny the renter access to the rented space; and

(2) move the renter’s personal property from the rented space to another storage space pending its redemption, sale, or other disposition under this chapter.

(c) An owner enforcing the owner’s lien shall send the renter, by registered or certified mail (return receipt requested) addressed to the last known address of the renter, a written notice that includes:

(1) an itemized statement of the owner’s claim showing the amount due at the time of the notice and the date when the amount became due;

(2) a demand for payment of the amount due before a specified time at least thirty (30) days after the date of the mailing of the notice;

(3) a statement that the contents of the renter’s rented space are subject to the owner’s lien;

(4) a statement advising the renter that the owner has denied the renter access to the rented space, if the owner has done this under subsection (b);

(5) a statement advising the renter that the owner has removed the renter’s personal property from the rented space to another suitable storage space, if the owner has done this under subsection (b);

(6) the name, street address, and telephone number of the owner or of any other person the renter may contact to respond to the notice; and

(7) a conspicuous statement that unless the owner’s claim is paid within the time stated under subdivision (2), the personal property will be advertised for sale, or will be otherwise disposed of, at a specified place and time, which must be at least ninety (90) days after the renter’s default.

(d) Any sale or other disposition of the personal property to enforce the owner’s lien must conform to the notice given under subsection (c)(7).

Title 26, Article 3, Chap. 35, IC 26-3-8-12

Sec. 13.
Before any sale or other disposition of the personal property under this chapter, the renter may redeem the personal property by paying the owner an amount sufficient to satisfy the owner’s lien. Upon the payment of this amount, the owner shall immediately return the personal property to the renter. After returning the personal property under this section, the owner has no liability to any person with respect to the personal property.

Title 26, Article 3, Chap. 35, IC 26-3-8-13

Sec. 14.

(a) After the expiration of the time stated in the owner’s notice under section 12(c)(2) of this chapter, if the personal property has not been otherwise disposed of under a notice provided under section 12(c)(7) of this chapter, an owner enforcing the owner’s lien shall prepare for a sale of the personal property under this section.

(b) The owner shall cause an advertisement of sale to be published one (1) time before the date of the sale in a newspaper of general circulation in the county in which the self-service storage facility is located. The advertisement must include:

(1) a statement that the personal property stored in the renter’s rented space will be sold to satisfy the owner’s lien;

(2) the address of the self-service storage facility, the number or other designation (if any) of the space where the personal property is located, and the name of the renter; and

(3) the time, place, and manner of the sale.

(c) The sale must be held at least ten (10) days after the publication under subsection (b). If, after the publication of notice under this section, the sale of the personal property is not consummated, the owner shall notify the renter in writing at the renter’s last known address of the other disposition the owner intends for the property.

Title 26, Article 3, Chap. 35, IC 26-3-8-14

Sec. 15.

(a) Any sale of the personal property under this chapter shall be held at the self-service storage facility or, if that facility is not a suitable place for a sale, at the suitable place nearest to where the property is held or stored.

(b) The owner may buy the personal property at any sale under this chapter.

(c) An owner may satisfy the owner’s lien from the proceeds of a sale under this chapter. If the proceeds of a sale under this chapter exceed the amount of the owner’s lien, the owner shall hold the balance for delivery, upon demand, to the renter. If the renter does not claim the balance of the proceeds within one (1) year after the sale, the balance shall be treated as unclaimed property under IC 32-9-1.5.

Title 26, Article 3, Chap. 35, IC 26-3-8-15

Sec. 16.
This chapter does not impair the power of the parties to a rental agreement to create rights, duties, or obligations that do not arise from this chapter. The rights provided to an owner by this chapter are in addition to all other rights provided by law to a creditor against a debtor.
Title 26, Article 3, Chap. 35, IC 26-3-8-16


Inside Indiana Abandoned Property – Self Storage Law