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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Self-Service Storage Facility Act is |
5 | | amended by changing Sections 2, 4, and 7 as follows:
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6 | | (770 ILCS 95/2) (from Ch. 114, par. 802) |
7 | | Sec. 2. Definitions. As used in this Act, unless the |
8 | | context clearly requires otherwise: |
9 | | (A) "Self-service storage facility" means any real |
10 | | property designed and used for the purpose of renting or |
11 | | leasing individual storage space to occupants who are to have |
12 | | access to such for the purpose of storing and removing |
13 | | personal property. A self-service storage facility is not a |
14 | | warehouse for purposes of Article 7 of the Uniform Commercial |
15 | | Code. If an owner issues any warehouse receipt, bill of |
16 | | lading, or other document of title for the personal property |
17 | | stored, the provisions of this Act do not apply. |
18 | | (B) "Owner" means the owner, operator, lessor, or |
19 | | sublessor of a self-service storage facility, his agent, or |
20 | | any other person authorized by him to manage the facility, or |
21 | | to receive rent from an occupant under a rental agreement. |
22 | | (C) "Occupant" means a person, his sublessee, successor, |
23 | | or assign, entitled to the use of the storage space at a |
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1 | | self-service storage facility under a rental agreement, to the |
2 | | exclusion of others. |
3 | | (D) "Rental agreement" means any agreement or lease, |
4 | | written or oral, that establishes or modifies the terms, |
5 | | conditions, rules or any other provisions concerning the use |
6 | | and occupancy of a self-service storage facility. The rental |
7 | | agreement may be delivered and accepted by electronic mail, or |
8 | | by any other electronic record pursuant to the Uniform |
9 | | Electronic Transactions Act. If the occupant does not sign a |
10 | | written rental agreement that the owner has tendered to the |
11 | | occupant, the occupant's continued use of the storage space |
12 | | shall constitute an acceptance of the rental agreement with |
13 | | the same effect as if it had been signed by the occupant. |
14 | | (E) "Personal property" means movable property not affixed |
15 | | to land, and includes, but is not limited to goods, |
16 | | merchandise, motor vehicles, watercraft, and household items. |
17 | | (F) "Last known address" means that mailing address or |
18 | | electronic mail address provided by the occupant in the latest |
19 | | rental agreement, or the mailing address or electronic mail |
20 | | address provided by the occupant in a subsequent written |
21 | | notice of a change of address. |
22 | | (G) "Late fee" means a charge assessed for an occupant's |
23 | | failure to pay rent when due. "Late fee" does not include |
24 | | interest on a debt, reasonable expenses incurred in the |
25 | | collection of unpaid rent, or costs associated with the |
26 | | enforcement of any other remedy provided by statute or |
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1 | | contract. |
2 | | (H) "Verified mail" means any method of mailing that is |
3 | | offered by the United States Postal Service or private |
4 | | delivery service that provides evidence of mailing. |
5 | | (I) "Electronic mail" means the transmission of |
6 | | information or a communication by the use of a computer or |
7 | | other electronic means sent to a person identified by a unique |
8 | | address and that is received by that person. |
9 | | (J) "Default" means the failure to perform any obligation |
10 | | or duty set forth in the rental agreement or this Act. |
11 | | (Source: P.A. 97-599, eff. 8-26-11; 98-1106, eff. 1-1-15 .)
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12 | | (770 ILCS 95/4) (from Ch. 114, par. 804) |
13 | | Sec. 4. Enforcement of lien. An owner's lien as provided |
14 | | for in Section 3 of this Act for a claim which has become due |
15 | | may be satisfied as follows: |
16 | | (A) The occupant shall be notified. |
17 | | (B) The notice shall be delivered: |
18 | | (1) in person; or |
19 | | (2) by verified mail or by electronic mail to the last |
20 | | known address of the occupant. |
21 | | (C) The notice shall include: |
22 | | (1) An itemized statement of the owner's claim showing |
23 | | the sum due at the time of the notice and the date when the |
24 | | sum became due; |
25 | | (2) The name of the facility, address, telephone |
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1 | | number, date, time, location, and manner of the lien sale, |
2 | | and the occupant's name and unit number; |
3 | | (3) A notice of denial of access to the personal |
4 | | property, if such denial is permitted under the terms of |
5 | | the rental agreement, which provides the name, street |
6 | | address, and telephone number of the owner, or his |
7 | | designated agent, whom the occupant may contact to respond |
8 | | to this notice; |
9 | | (3.5) Except as otherwise provided by a rental |
10 | | agreement and until a lien sale, the exclusive care, |
11 | | custody, and control of all personal property stored in |
12 | | the leased self-service storage space remains vested in |
13 | | the occupant. No bailment or higher level of liability is |
14 | | created if the owner over-locks the occupant's lock, |
15 | | thereby denying the occupant access to the storage space. |
16 | | Rent and other charges related to the lien continue to |
17 | | accrue during the period of time when access is denied |
18 | | because of non-payment; |
19 | | (4) A demand for payment within a specified time not |
20 | | less than 14 days after delivery of the notice; |
21 | | (5) A conspicuous statement that unless the claim is |
22 | | paid within the time stated in the notice, the personal |
23 | | property will be advertised for sale or other disposition, |
24 | | and will be sold or otherwise disposed of at a specified |
25 | | time and place. |
26 | | (D) Any notice made pursuant to this Section shall be |
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1 | | presumed delivered when it is deposited with the United States |
2 | | Postal Service, and properly addressed with postage prepaid or |
3 | | sent by electronic mail and the owner receives a receipt of |
4 | | delivery to the occupant's last known address, except if the |
5 | | owner does not receive a receipt of delivery for the notice |
6 | | sent by electronic mail, the notice is presumed delivered when |
7 | | it is sent to the occupant by verified mail to the occupant's |
8 | | last known mailing address. |
9 | | (E) After the expiration of the time given in the notice, |
10 | | an advertisement of the sale or other disposition shall be |
11 | | published once a week for two consecutive weeks in a newspaper |
12 | | of general circulation where the self-service storage facility |
13 | | is located. The advertisement shall include: |
14 | | (1) The name of the facility, address, telephone |
15 | | number, date, time, location, and manner of lien sale and |
16 | | the occupant's name and unit number. |
17 | | (2) (Blank). |
18 | | (3) The sale or other disposition shall take place not |
19 | | sooner than 15 days after the first publication. If there |
20 | | is no newspaper of general circulation where the |
21 | | self-service storage facility is located, the |
22 | | advertisement shall be posted at least 10 days before the |
23 | | date of the sale or other disposition in not less than 6 |
24 | | conspicuous places in the neighborhood where the |
25 | | self-service storage facility is located. |
26 | | (F) Any sale or other disposition of the personal property |
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1 | | shall conform to the terms of the notification as provided for |
2 | | in this Section. |
3 | | (G) Any sale or other disposition of the personal property |
4 | | shall be held at the self-service storage facility, or at the |
5 | | nearest suitable place to where the personal property is held |
6 | | or stored. A sale under this Section shall be deemed to be held |
7 | | at the self-service storage facility where the personal |
8 | | property is stored if the sale is held on a publicly accessible |
9 | | online website. |
10 | | (G-5) If the property upon which the lien is claimed is a |
11 | | motor vehicle , trailer, or watercraft and rent or other |
12 | | charges related to the property remain unpaid or unsatisfied |
13 | | for 60 days or the occupant is in default of the rental |
14 | | agreement for 60 days , the owner may have the property towed |
15 | | from the self-service storage facility. If a motor vehicle , |
16 | | trailer, or watercraft is towed, the owner shall not be liable |
17 | | for any damage to the motor vehicle , trailer, or watercraft, |
18 | | once the tower takes possession of the property. After the |
19 | | motor vehicle , trailer, or watercraft is towed, the owner may |
20 | | pursue other collection options against the delinquent |
21 | | occupant for any outstanding debt. If the owner chooses to |
22 | | sell a motor vehicle, aircraft, mobile home, moped, |
23 | | motorcycle, snowmobile, trailer, or watercraft, the owner |
24 | | shall contact the Secretary of State and any other |
25 | | governmental agency as reasonably necessary to determine the |
26 | | name and address of the title holder or lienholder of the item, |
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1 | | and the owner shall notify every identified title holder or |
2 | | lienholder of the time and place of the proposed sale. The |
3 | | owner is required to notify the holder of a security interest |
4 | | only if the security interest is filed under the name of the |
5 | | person signing the rental agreement or an occupant. An owner |
6 | | who fails to make the lien searches required by this Section is |
7 | | liable only to valid lienholders injured by that failure as |
8 | | provided in Section 3. |
9 | | (H) Before any sale or other disposition of personal |
10 | | property pursuant to this Section, the occupant may pay the |
11 | | amount necessary to satisfy the lien, and the reasonable |
12 | | expenses incurred under this Section, and thereby redeem the |
13 | | personal property. Upon receipt of such payment, the owner |
14 | | shall return the personal property, and thereafter the owner |
15 | | shall have no liability to any person with respect to such |
16 | | personal property. |
17 | | (I) A purchaser in good faith of the personal property |
18 | | sold to satisfy a lien, as provided for in Section 3 of this |
19 | | Act, takes the property free of any rights of persons against |
20 | | whom the lien was valid, despite noncompliance by the owner |
21 | | with the requirements of this Section. |
22 | | (J) In the event of a sale under this Section, the owner |
23 | | may satisfy his lien from the proceeds of the sale, but shall |
24 | | hold the balance, if any, for delivery on demand to the |
25 | | occupant. If the occupant does not claim the balance of the |
26 | | proceeds within one year of the date of sale, it shall become |
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1 | | the property of the owner without further recourse by the |
2 | | occupant. |
3 | | (K) The lien on any personal property created by this Act |
4 | | shall be terminated as to any such personal property which is |
5 | | sold or otherwise disposed of pursuant to this Act and any such |
6 | | personal property which is removed from the self-service |
7 | | storage facility. |
8 | | (L) If 3 or more bidders who are unrelated to the owner are |
9 | | in attendance at a sale held under this Section, the sale and |
10 | | its proceeds are deemed to be commercially reasonable. |
11 | | (Source: P.A. 102-687, eff. 12-17-21.)
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12 | | (770 ILCS 95/7) (from Ch. 114, par. 807) |
13 | | Sec. 7. Prohibited use. |
14 | | (a) No occupant may use a self-service storage facility |
15 | | for residential purposes. |
16 | | (b) An occupant may not use a self-service storage |
17 | | facility after the owner has delivered written notice in |
18 | | person or by verified mail of the termination or non-renewal |
19 | | of the occupant's rental agreement. |
20 | | (1) Notice shall provide the occupant with not less |
21 | | than 14 days after delivery of the notice to remove all |
22 | | personal property from the self-service storage facility. |
23 | | (2) Prior to the occupant's removal of all personal |
24 | | property, the owner may place reasonable restrictions on |
25 | | the occupant's use of the self-service storage facility, |