Legal Question in Landlord & Tenant Law in Iowa

Iowa Code Chapter 578A describes the storage unit owner's lien and what is needed to enforce it.

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