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Iowa Lien Law.pdf
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StorageLaws.net
Iowa Lien Law
578A.1 Short title.
This Act shall be known as the "Iowa Self-Service Storage Facility Lien Act".
Section History: Recent form
84 Acts, ch 1130, § 1
578A.2 Definitions.
As used in this chapter, unless the context clearly requires otherwise:
1. "Last known address" means that address provided by the occupant in the
latest rental agreement, or the address provided by the occupant by certified
mail in a subsequent written notice of a change of address.
2. "Occupant" means a person, in privity with the owner, entitled to the use to
the exclusion of others of the storage space at a self-service storage facility
pursuant to privity with the owner.
3. "Owner" means the owner, operator, lessor, or sublessor of a self-service
storage facility, the agent, or any other person authorized by the owner to
manage the facility, or to receive rent from an occupant under a rental
agreement.
4. "Personal property" means movable property not affixed to land, and includes,
but is not limited to goods, merchandise, and household items.
5. "Possessory lien" means a lien on a personal property that is valid only
while the property is in the possession of the person asserting the lien or an
agent of the person.
6. "Rental agreement" means an agreement or lease, written or oral, between the
owner and occupant, that establishes or modifies the terms, conditions, rules,
or any other provisions concerning the use and occupancy of a self-service
storage facility.
7. "Self-service storage facility" means real property designed and used for the
purpose of renting or leasing individual storage space to occupants who are to
have access to the space for the purpose of storing personal property. If an
owner issues a warehouse receipt, bill of lading, or other document of title for
the personal property stored, the owner and the occupant are subject to chapter
554, article 7 and this chapter does not apply.
Section History: Recent form
84 Acts, ch 1130, § 2
578A.3 Lien.
The owner of a self-service storage facility and the heirs, executors,
administrators, successors, and assigns have a possessory lien upon all personal
property located at a self-service storage facility for rent, labor, or other
reasonable charges, in relation to the storage of the personal property, and for
expenses necessary for its preservation, or expenses reasonably incurred in its
sale or other disposition pursuant to this chapter. The lien provided for in
this section shall not have priority over a lien or security interest perfected
prior to the time the personal property is placed within or upon the
self-storage facility. The lien attaches as of the date the personal property is
brought to the self-service storage facility.
Section History: Recent form
84 Acts, ch 1130, § 3
578A.4 Enforcement of lien.
An owner's lien for a claim which has become due may be satisfied as follows:
1. The occupant shall be notified by delivering in person with acceptance to be
signed by the occupant or by mailing by certified mail to the last known address
of the occupant, a notice which shall include:
a. 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.
b. 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 a trunk, valise, or box that is
locked, fastened, sealed, or tied in a manner which deters immediate access to
its contents shall be described as such without describing its contents.
c. A statement that the occupant is denied access to the personal property, if a
denial is permitted under the rental agreement. The statement shall provide the
name, street address, and telephone number of the owner, or the owner's
designated agent, whom the occupant may contact to respond to this notice.
d. A demand for payment within a specified time not less than fourteen days
after delivery of the notice.
e. 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.
2. A notice mailed by certified mail pursuant to subsection 1 is made and
completed when the notice is enclosed in a sealed envelope with the proper
postage on the envelope, addressed to the occupant or successor at the last
known mailing address, and deposited in a mail receptacle provided by the United
States postal service.
3. 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 in the county where the self-service
storage facility is located. The advertisement shall include:
a. A brief and general description of the personal property reasonably adequate
to permit its identification as provided for in subsection 1, paragraph "b".
b. The address of the self-service storage facility, the number, if any, of the
space where the personal property is located, and the name of the occupant.
c. The time, place, and manner of the sale or other disposition. The sale or
other disposition shall take place not sooner than fifteen 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 ten days before the date of the sale or other disposition in at least six
conspicuous places in the neighborhood where the self-service storage facility
is located.
4. A sale or other disposition of the personal property shall conform to the
terms of the notification provided for in this section.
5. A 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.
6. Before a sale or other disposition of personal property is made pursuant to
this section, the occupant may pay the amount necessary to satisfy the lien, and
the reasonable expenses incurred under this section, and redeem the personal
property. Upon receipt of such payment, the owner shall return the personal
property.
7. A purchaser in good faith of the personal property sold to satisfy the lien
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.
The purchaser shall apply for a new title to a vehicle by the procedures
outlined in section 321.47. For all other property which has a written title,
the purchaser shall follow the applicable procedures for the property for the
transfer of title by operation of law.
8. In the event of a sale under this section, the owner may satisfy the lien
from the proceeds of the sale, but shall hold the balance in a segregated escrow
account for a period of ninety days for delivery on demand to the occupant. If
the occupant does not claim the balance within ninety days, the moneys shall be
paid to the county treasurer in the county where the facility is located. The
county treasurer shall hold the money for a period of two years. If a claim is
not made by the owner for the funds, then the funds shall become the property of
the county. There shall be no further recourse by any person against the owner
for an action pursuant to this section.
Section History: Recent form
84 Acts, ch 1130, § 4
578A.5 Supplemental nature of chapter.
This chapter does not impair or affect the right of parties to create liens by
special contract or agreement, nor does it affect or impair other liens arising
at common law or in equity, or by a statute of this state.
Section History: Recent form
84 Acts, ch 1130, § 5
578A.6 Facility not residence or warehouse.
An occupant shall not use a self-service storage facility for residential
purposes. A self-service storage facility is not a warehouse as defined in
chapter 554.
Section History: Recent form
84 Acts, ch 1130, § 6
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Boat & RV
579.1 Nature of liens.
1. Livery and feed stable keepers, herders, feeders, or keepers of stock shall
have a lien on all property coming into their hands, as such, for their charges
and the expense of keeping, but such lien shall be subject to chapter 579A and
all prior liens of record.
2. Places for the storage of motor vehicles, boats, and boat engines and boat
motors shall have a lien on all property coming into their hands, as such, for
their charges and the expense of keeping, but such lien shall be subject to all
prior liens of record.
Section History: Early form
[C97, § 3137; C24, 27, 31, 35, 39, § 10345; C46, 50, 54, 58, 62, 66, 71, 73, 75,
77, 79, 81, § 579.1]
Section History: Recent form
95 Acts, ch 59, §1
Footnotes
Bond to release, chapter 584
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