SELF-SERVICE STORAGE FACILITY LIENS
451-C:8 Enforcement of Owner's Lien; Notice of Sale.
After default, an owner's lien may be enforced by selling the property stored in the rented space at a public or private sale, but only in accordance with the following procedure:
I. No sooner than 5 days after such default, the renter and all other lienholders identified in the rental agreement shall be notified by first class mail or electronic mail sent to the last known address of any person to be notified.
II. No sooner than 14 days after such default, a notice of the sale shall be delivered to the renter in person, by electronic mail, or by verified mail to the last known address, stating the time and place of sale, the property to be sold, and the amount of the rent, charges, fees, or expenses owed.
III. The notice of sale shall include:
(a) A statement that the contents of the rented space are subject to the owner's lien;
(b) A general description of the contents, if known, by the owner;
(c) A statement of the owner'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 sale, and the date such additional charges shall become due;
(d) A demand for payment of the charges due within a specified time, not less than 14 days after delivery of notification;
(e) A statement that unless the claim is paid within the time stated, the contents of the renter's space will be sold at a public or private sale at the date, time, and place specified; and
(f) The name, street address, and telephone number of the owner, or the owner's designated agent, whom the renter may contact to respond to the notice.
IV. If the sale is to be a public sale at a physical location, notwithstanding the date and time specified in the notice of the sale, the owner may postpone the sale due to inclement weather on the day of the sale. In the event of a postponement, a notice of the sale shall be delivered to the renter in person, by electronic mail, or by verified mail at the last known address, no less than 5 days before the new date of the sale, stating:
(a) That the sale was postponed due to inclement weather;
(b) The new date, time, and place of the sale; and
(c) The amount of the rent, charges, fees, and expenses owed.
V. Notice by verified mail or first-class mail shall be deemed delivered when deposited with the United States Postal Service or any other carrier if it is properly addressed with postage prepaid. Notice by electronic mail shall be deemed delivered when properly addressed and sent to the last known electronic mail address for the renter.
VI. If the personal property upon which the lien is claimed is a motor vehicle or trailer, the owner shall comply with the requirements of RSA 451-C:9 and RSA 451-C:10.
Source. 2019, 242:1, eff. Oct. 10, 2019.