What s New in the Utah Lien Law. D. Carlos Kaslow Self Storage Legal Network

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1 What s New in the Utah Lien Law D. Carlos Kaslow Self Storage Legal Network

2 The 2013 Changes How lien notice may be sent How lien sales may be advertised How lien sales may be conducted New option for autos and boats Statutory right to limit value of property in rental agreement

3 Sending the Lien Notice By certified mail This is not the just USPS certified mail. (1) "Certified mail" means: (a) a method of mailing that is offered by the United States Postal Service and provides evidence of mailing; or (b) a method of mailing that is accompanied by a certificate of mailing executed by the individual who caused the notice to be mailed.

4 Certified Mail USPS certified mail First-class mail with certificate of mailing Private delivery that provides a receipt

5 Notice Notice may be sent by When the lien notice is sent by the owner must use a method that provides a response, return receipt, or delivery confirmation from the address to which the notice was sent within three business days There are private companies that provide this service. Rpost.com is one of the largest

6 Advertising the Lien Sale The lien notice must be advertised one time in a newspaper of general circulation prior to the sale

7 Conducting the Lien Sale The sale must conform to the notice A sale of the personal property shall be held at the self-service storage facility, at the nearest suitable place to where the personal property is held or stored, or online.

8 Online Sales The lien notice should include the online URL where the sale is held Advertisement should include URL where sale is being held and the last day that bids can be submitted Make sure that staff understands that spaces must be pulled ASAP when tenant makes payment

9 Right to Tow Vehicles If the property subject to a lien is a vehicle, the occupant is in default for a continuous 60-day period, the owner may have the vehicle towed from the selfservice storage facility by an independent towing carrier that is certified by the Department of Transportation as described in Section

10 Notice of Towing Within one day after the day on which a vehicle is towed the owner shall send written notice by certified mail, postage prepaid, to the occupant's last known address that states: (a) the date the vehicle was towed; and (b) the address and telephone number of the person that towed the vehicle.

11 Towing Tip Take very clear date stamped pictures of the vehicle or boat before it is towed Make sure notice of towing is ready to send out on day vehile or watercraft is towed

12 Right to Limit Value of Stored Property If a rental agreement states a maximum, aggregate value of the personal property that may be stored at the occupant's storage space, the occupant may not assert that the value of the personal property actually stored at the occupant's storage space exceeds the maximum amount stated in the rental agreement.

13 Limiting the Value of Stored VALUE OF STORED PROPERTY: Occupant agrees not to store property with a total value in excess of $5000 without the written permission of the Owner. If such written permission is not obtained, the value of Occupant's property shall be deemed not to exceed $5,000.

14 Denial of Access The rental agreement must state that the owner has the right to deny access Denial of Access: When rent or other charges remain unpaid for five (5) or more days, Owner may deny Occupant access to the storage space.

15 Do Not Forget The office sign stating: "All articles stored under a rental agreement, for which charges have not been paid for 30 days, will be sold to pay charges. If this business does not sell a vehicle stored under a rental agreement, it will be towed from the self-storage facility after 60 days of nonpayment. To do a lien search as required by (5)(a)

16 Thank You More information on the Self Storage Association at Self Storage Legal Network at or