Public Act 104-0139
 
SB2220 EnrolledLRB104 10417 JRC 20492 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Self-Service Storage Facility Act is 
amended by changing Section 4 as follows:
 
    (770 ILCS 95/4)  (from Ch. 114, par. 804)
    Sec. 4. Enforcement of lien. An owner's lien as provided 
for in Section 3 of this Act for a claim which has become due 
may be satisfied as follows:
    (A) The occupant shall be notified.
    (B) The notice shall be delivered: 
        (1) in person; or 
        (2) by verified mail or by electronic mail to the last 
    known address of the occupant. 
    (C) The notice shall include:
        (1) An itemized statement of the owner's claim showing 
    the sum due at the time of the notice and the date when the 
    sum became due;
        (2) The name of the facility, address, telephone 
    number, date, time, location, and manner of the lien sale, 
    including the website where the online bidding may take 
    place, if applicable, and the occupant's name and unit 
    number;
        (3) A notice of denial of access to the personal 
    property, if such denial is permitted under the terms of 
    the rental agreement, which provides the name, street 
    address, and telephone number of the owner, or his 
    designated agent, whom the occupant may contact to respond 
    to this notice;
        (3.5) Except as otherwise provided by a rental 
    agreement and until a lien sale, the exclusive care, 
    custody, and control of all personal property stored in 
    the leased self-service storage space remains vested in 
    the occupant. No bailment or higher level of liability is 
    created if the owner over-locks the occupant's lock, 
    thereby denying the occupant access to the storage space. 
    Rent and other charges related to the lien continue to 
    accrue during the period of time when access is denied 
    because of non-payment;
        (4) A demand for payment within a specified time not 
    less than 14 days after delivery of the notice;
        (5) 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.
    (D) Any notice made pursuant to this Section shall be 
presumed delivered when it is deposited with the United States 
Postal Service, and properly addressed with postage prepaid or 
sent by electronic mail and the owner receives a receipt of 
delivery to the occupant's last known address, except if the 
owner does not receive a receipt of delivery for the notice 
sent by electronic mail, the notice is presumed delivered when 
it is sent to the occupant by verified mail to the occupant's 
last known mailing address.
    (E) 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 where the self-service storage facility 
is located. The advertisement shall include:
        (1) The name of the facility, address, telephone 
    number, date, time, location, and manner of lien sale and 
    the occupant's name and unit number.
        (2) (Blank).
        (3) The sale or other disposition shall take place not 
    sooner than 15 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 10 days before the 
    date of the sale or other disposition in not less than 6 
    conspicuous places in the neighborhood where the 
    self-service storage facility is located.
    (F) Any sale or other disposition of the personal property 
shall conform to the terms of the notification as provided for 
in this Section.
    (G) Any 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. A sale under this Section shall be deemed to be held 
at the self-service storage facility where the personal 
property is stored if the sale is held on a publicly accessible 
online website.
    (G-5) If the property upon which the lien is claimed is a 
motor vehicle, trailer, or watercraft and rent or other 
charges related to the property remain unpaid or unsatisfied 
for 60 days or the occupant is in default of the rental 
agreement for 60 days, the owner may have the property towed 
from the self-service storage facility. If a motor vehicle, 
trailer, or watercraft is towed, the owner shall not be liable 
for any damage to the motor vehicle, trailer, or watercraft, 
once the tower takes possession of the property. After the 
motor vehicle, trailer, or watercraft is towed, the owner may 
pursue other collection options against the delinquent 
occupant for any outstanding debt. If the owner chooses to 
sell a motor vehicle, aircraft, mobile home, moped, 
motorcycle, snowmobile, trailer, or watercraft, the owner 
shall contact the Secretary of State and any other 
governmental agency as reasonably necessary to determine the 
name and address of the title holder or lienholder of the item, 
and the owner shall notify every identified title holder or 
lienholder of the time and place of the proposed sale. The 
owner is required to notify the holder of a security interest 
only if the security interest is filed under the name of the 
person signing the rental agreement or an occupant. An owner 
who fails to make the lien searches required by this Section is 
liable only to valid lienholders injured by that failure as 
provided in Section 3.
    (H) Before any sale or other disposition of personal 
property pursuant to this Section, the occupant may pay the 
amount necessary to satisfy the lien, and the reasonable 
expenses incurred under this Section, and thereby redeem the 
personal property. Upon receipt of such payment, the owner 
shall return the personal property, and thereafter the owner 
shall have no liability to any person with respect to such 
personal property.
    (I) A purchaser in good faith of the personal property 
sold to satisfy a lien, as provided for in Section 3 of this 
Act, 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.
    (J) In the event of a sale under this Section, the owner 
may satisfy his lien from the proceeds of the sale, but shall 
hold the balance, if any, for delivery on demand to the 
occupant. If the occupant does not claim the balance of the 
proceeds within one year of the date of sale, it shall become 
the property of the owner without further recourse by the 
occupant.
    (K) The lien on any personal property created by this Act 
shall be terminated as to any such personal property which is 
sold or otherwise disposed of pursuant to this Act and any such 
personal property which is removed from the self-service 
storage facility.
    (L) If 3 or more bidders who are unrelated to the owner are 
in attendance at a sale held under this Section, the sale and 
its proceeds are deemed to be commercially reasonable.
(Source: P.A. 102-687, eff. 12-17-21; 103-1003, eff. 1-1-25.)