1. If an occupant is in default for a period of at least thirty days, the operator may enforce the lien granted in section 578A.5 by selling the occupant’s personal property. Sale of the occupant’s personal property may be by public or private proceedings. Such personal property may be sold as a unit or in parcels, by way of one or more contracts, 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 that has no commercial value.

Terms Used In Iowa Code 578A.7

  • Advertisement: means an attempt by publication, dissemination, solicitation, or circulation to induce directly or indirectly any person to enter into an obligation or acquire a title or interest in a membership camping contract. See Iowa Code 557B.1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Default: means the failure by the occupant to perform on time any obligation or duty set forth in a rental agreement or this chapter. See Iowa Code 578A.2
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Last-known address: means the postal address or electronic mail address provided by an occupant in a rental agreement or the postal address or electronic mail address provided by the occupant in a subsequent written notice of a change of address. See Iowa Code 578A.2
  • Leased space: means individual storage space at a self-service storage facility which is rented to an occupant pursuant to a rental agreement. See Iowa Code 578A.2
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Occupant: means a person entitled to the use of leased space at a self-service storage facility under a rental agreement or the person's successors or assigns. See Iowa Code 578A.2
  • Operator: means the owner, operator, lessor, or sublessor of a self-service storage facility or an agent or any other person authorized to manage the facility. See Iowa Code 578A.2
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • Personal property: means movable property not affixed to land, including goods, wares, merchandise, motor vehicles, watercraft, household items, and furnishings. See Iowa Code 578A.2
  • Personal property: All property that is not real property.
  • property: includes personal and real property. See Iowa Code 4.1
  • Property that has no commercial value: means property offered for sale in a commercially reasonable sale that receives no bid or offer. See Iowa Code 578A.2
  • Purchaser: means a person who enters into a membership camping contract with a membership camping operator and obtains the right to use the campground owned or operated by the membership camping operator. See Iowa Code 557B.1
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • 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. See Iowa Code 578A.2
  • United States: includes all the states. See Iowa Code 4.1
  • Verified mail: means any method of mailing offered by the United States postal service or private delivery service that provides evidence of the mailing. See Iowa Code 578A.2
 2. Before conducting a sale under this section, the operator shall do all of the following:

 a. Send notice of default to the occupant by hand mail, verified mail, or electronic mail pursuant to subsection 7. The notice of default shall include all of the following:

 (1) A statement of the operator’s claim showing that the amount due at the time of the notice and the date when the amount became due.
 (2) A brief and general description of the personal property subject to the lien. The description shall be reasonably adequate to permit the occupant to identify the property, 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 the container’s contents shall be described as such and shall omit a description of the contents.
 (3) A demand for payment of the charges due within a specified time, which shall not be less than fourteen days after the date of the notice.
 (4) A statement that unless the claim is paid within the time stated, the contents of the occupant’s leased space will be sold or otherwise disposed of after a specified time.
 (5) The name, street address, and telephone number of the operator or a designated agent whom the occupant may contact to respond to the notice.
 b. Notify all persons who claim a security interest in the personal property of whom the operator has actual knowledge. An operator shall conduct a search to determine whether there is a security interest in property subject to sale if the property is registered under chapter 321 or 462A. At least seven days before the sale, the operator shall also advertise the time, place, and terms of the sale in a commercially reasonable manner. The manner of advertisement is deemed commercially reasonable if it is likely to attract at least three independent bidders to attend or view the sale in person or online at the time and place advertised. The operator may buy the occupant’s personal property at any public sale held pursuant to this section.
 3. If the personal property subject to the operator’s lien is a vehicle, watercraft, or trailer, and rent or other charges remain due and unpaid for thirty days, the operator may have the vehicle, watercraft, or trailer towed from the self-service storage facility. The operator shall not be liable for any damages to the vehicle, watercraft, or trailer once the tower takes possession of the property. Removal of any vehicle, watercraft, or trailer from the self-service storage facility shall not release the operator’s lien.
 4. At any time before a sale is held under this section or before a vehicle, watercraft, or trailer is towed under this section, the occupant may pay the amount necessary to satisfy the lien and redeem the occupant’s personal property.
 5. In the event of a sale under this section, the operator may satisfy the lien from the proceeds of the sale, but shall hold the balance, if any, 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 balance shall be paid to the county treasurer in the county where the self-service storage facility is located. The county treasurer shall hold the funds for a period of two years. If a claim is not made by the occupant for the funds, then the funds shall become the property of the county. There shall be no further recourse by any person against the operator for an action pursuant to this section.
 6. A purchaser in good faith of any personal property sold to satisfy a lien under this chapter takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the operator with the requirements of this chapter. The purchaser of a motor vehicle shall apply for a new title to the 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.
 7. Notice to the occupant under subsection 2, paragraph “a”, shall be sent to the occupant’s last-known address by hand delivery, verified mail, or electronic mail. Notices sent by hand delivery shall be deemed delivered when the occupant has signed an acknowledgment of delivery. Notices sent by verified mail shall be deemed delivered when deposited with the United States postal service or private delivery service if the notices are properly addressed with postage prepaid. Notices sent by electronic mail shall be deemed delivered when an electronic mail is sent to the last-known address provided by the occupant. If the operator sends notice by electronic mail and receives an automated message stating that the electronic mail cannot be delivered, the operator shall send notice by hand delivery or by verified mail to the occupant’s last-known address with postage prepaid.
 8. If the operator complies with the requirements of this section, the operator’s liability:

 a. To the occupant, shall be limited to the net proceeds received from the sale of the occupant’s personal property less any proceeds paid to the holders of any lien or security interest of record on the personal property being sold.
 b. To the holders of any lien or security interest of record on the personal property being sold, shall be limited to the net proceeds received from the sale of the personal property subject to the holder’s lien or security interest.
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