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KS Lien Law
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StorageLaws.net
Kansas Lien Law
58-813.
Short title. K.S.A. 58-813 to 58-818, inclusive, shall be known and may be
cited as the self-service storage act.
History:
L. 1983, ch. 187, § 2; July 1.
8-814.
Definitions. In the self-service storage act the following words shall mean
the following:
(a)
"Self-service storage facility" means any real property used for renting or
leasing individual storage spaces in which the occupants themselves customarily
store and remove their own personal property on a self-service basis.
(b)
"Rental agreement" means any written statement that establishes or modifies the
terms, conditions or rules concerning the use and occupancy of a self-service
storage facility.
(c)
"Leased space" means the individual storage space at the self-service facility
which is rented to an occupant pursuant to a rental agreement.
(d)
"Occupant" means a person, a sublessee, successor or assign, entitled to the use
of a leased space at a self-service storage facility under a rental agreement.
(e)
"Operator" means the owner, operator, lessor or sublessor of a self-service
storage facility, an agent or any other person authorized to manage the
facility, except that "operator" does not mean a warehouseman, unless the
operator issues a warehouse receipt, bill of lading, or other document of title
for the personal property stored.
(f)
"Personal property" means movable property, not affixed to land, and "personal
property" includes, but is not limited to, goods, wares, merchandise, motor
vehicles, watercraft, household items and furnishings.
(g)
"Default" means the failure to perform on time any obligation or duty set forth
in the rental agreement.
(h) "Last
known address" means that address provided by the occupant in the rental
agreement or the address provided by the occupant in a subsequent written notice
of a change of address.
(i) "Late
fee" means a fee or charge assessed by an operator for an occupant's failure to
pay rent when due. A late fee is not interest on a debt, nor is a late fee a
reasonable expense that the operator may incur in the course of collecting
unpaid rent in enforcing the operator's lien right pursuant to K.S.A. 58-814, et
seq., and amendments thereto, or enforcing any other remedy provided by statute
or contract.
History:
L. 1983, ch. 187, § 3; L. 2005, ch. 113, § 1; July 1.
8-815.
Storage facility not to be used for residential purposes. (a) An operator may
not knowingly permit a leased space at a self-service storage facility to be
used for residential purposes.
(b) An
occupant may not use a leased space for residential purposes.
(c) An
operator may enter leased space at times reasonably necessary.
History:
L. 1983, ch. 187, § 4; July 1.
58-816.
Operator to have lien on stored property; rental agreement. (a) The operator
of a self-service storage facility has a lien on all personal property stored
within each leased space for rent, labor or other charges, and for expenses
reasonably incurred in its sale, as provided in the self-service storage act.
(b) The
rental agreement shall contain a statement, in bold type, advising the occupant:
(1) Of the
existence of the lien;
(2) that
property stored in the leased space may be sold to satisfy the lien if the
occupant is in default; and
(3) that
any proceeds from the sale of the property which remain after satisfaction of
the lien will be paid to the state treasurer if unclaimed by the occupant within
one year after sale of the property.
History:
L. 1983, ch. 187, § 5; July 1.
58-817.
Sale of stored property; procedure; redemption; notices. (a) (1) If the
occupant is in default for a period of more than 45 days, the operator may
enforce the lien by selling the property stored in the leased space for cash.
Sale of the property stored on the premises may be by public or private
proceedings and may also be as a unit or in parcels, or by way of one or more
contracts and at any time or place, and on any terms as long as the sale is
commercially reasonable. The operator may otherwise dispose of any property
which has no commercial value.
(2) The
proceeds of such sale shall then be applied to satisfy the lien, with any
surplus disbursed as provided in subsection (d).
(b) Before
conducting a sale under subsection (a), the operator shall:
(1) Notify
the occupant of the default by first-class mail at the occupant's last-known
address;
(2) send a
second notice of default, not less than seven days after the notice required by
subsection (b)(1), by restricted mail to the occupant at the occupant's
last-known address which includes:
(A) A
statement that the contents of the occupant's leased space are subject to the
operator's lien;
(B) a
statement of the operator's claim, indicating the charges due on the date of the
notice, the amount of any additional charges which shall become due before the
date of release for sale and the date those additional charges shall become due;
(C) a
demand for payment of the charges due within a specified time, not less than 10
days after the date of the notice;
(D) a
statement that unless the claim is paid within the time stated, the contents of
the occupant's space will be sold after a specified time; and
(E) the
name, street address and telephone number of the operator, or a designated agent
whom the occupant may contact to respond to the notice.
(3) At
least seven 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. Such advertisement shall be in the classified section of the
newspaper. The ad shall state the items that will be released for sale.
(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) If a
sale is held under this section, the operator shall:
(1)
Satisfy the lien from the proceeds of the sale; and
(2) hold
the balance, if any, for delivery on demand to the occupant or any other
recorded lienholders for a period of one year after receipt of proceeds of the
sale and satisfaction of the lien. Thereafter, the proceeds remaining after
satisfaction of the lien shall be considered abandoned property to be reported
and paid to the state treasurer in accordance with the disposition of unclaimed
property act.
(e) A
purchaser in good faith of any personal property sold under the self-service
storage act takes the property free and clear of any rights of:
(1)
Persons against whom the lien was valid; and
(2) other
lienholders.
(f) If the
operator complies with the provisions of the self-service storage act, the
operator's liability:
(1) To the
occupant shall be limited to the net proceeds received from the sale of the
personal property, and
(2) to
other lienholders shall be limited to the net proceeds received from the sale of
any personal property covered by the other lien.
(g) If an
occupant is in default, the operator may deny the occupant access to the leased
space.
(h) Unless
otherwise specifically provided, all notices required by the self-service
storage act shall be sent by restricted mail. Notices sent to the operator shall
be sent to the self-service storage facility where the occupant's property is
stored. Notices to the occupant shall be sent to the occupant at the occupant's
last-known address. Notices shall be deemed delivered when deposited with the
United States postal service, properly addressed as provided in subsection (b),
with postage prepaid.
History:
L. 1983, ch. 187, § 6; L. 1984, ch. 204, § 1; April 26.
58-818.
Care, custody and control of stored property vested in occupant; exceptions.
Unless the rental agreement specifically provides otherwise and until a lien
sale under the self-service storage act, the exclusive care, custody and control
of all personal property stored in the leased self-service storage space remains
vested in the occupant.
History:
L. 1983, ch. 187, § 7; July 1.
Article 8.--MISCELLANEOUS PROVISIONS
58-819.
Rental agreements entered into prior to July 1, 1983. All rental agreements,
entered into before July 1, 1983, which have not been extended or renewed after
that date, shall remain valid and may be enforced or terminated in accordance
with their terms or as permitted by any other statute or law of this state.
History:
L. 1983, ch. 187, § 8; July 1.
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