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Washington D.C. Lein Law.pdf
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DC ST § 40-401
§ 40-401. Definitions.
DC ST § 40-401
District of Columbia Official Code 2001 Edition Currentness
Division VII. Property.
Title 40. Liens. (Refs & Annos)
Chapter 4. Storage Liens.
§ 40-401. Definitions.
For the purposes of this chapter, the term:
(1) "Default" means the failure to perform any obligation or duty set
forth in the rental agreement.
(2) "Last known address" means the address provided by the occupant in
the rental agreement or the address provided by the occupant in a
subsequent written notice of a change of address.
(3) "Leased space" means the individual storage space at the
self-service facility which is rented to an occupant pursuant to a
rental agreement.
(4) "Occupant" means a person, including an assignee, a sublessee, or
successor, entitled to the use of a leased space at a self-service
storage facility under a rental agreement.
(5) "Operator" means the owner, operator, lessor, or sublessor of a
self-service storage facility, an agent, or any other person authorized
to manage the facility. The term "operator" shall not mean a
warehouseman, unless the operator issues a warehouse receipt, bill of
lading, or other document of title for the personal property stored.
(6) "Personal property" means movable property, not affixed to land,
including goods, wares, merchandise, motor vehicles, watercraft, and
household items and furnishings.
(7) "Rental agreement" means any written agreement that establishes or
modifies the terms, conditions, or rules concerning the use and
occupancy of a self-service storage facility.
(8) "Self-service storage facility" means any real property used for
renting or leasing individual storage spaces in which the occupants
themselves customarily store and remove their own personal property on a
"selfstorage" basis.
CREDIT(S)
(Feb. 6, 2004, D.C. Law 15-64, § 2, 50 DCR 9303.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 15-64, the "Self Storage Amendment Act of 2003", was introduced in
Council and assigned Bill No. 15-105, which was referred to Committee on
Consumer and Regulatory Affairs. The Bill was adopted on first and
second readings on July 8, 2003, and October 7, 2003, respectively.
Signed by the Mayor on October 24, 2003, it was assigned Act No. 15-182
and transmitted to both Houses of Congress for its review. D.C. Law
15-64 became effective on February 6, 2004.
DC CODE § 40-401
Current through September 13, 2007
Copyright © 2007 By The District of Columbia. All Rights Reserved.
DC ST § 40-402
§ 40-402. Prohibited acts.
DC ST § 40-402
District of Columbia Official Code 2001 Edition Currentness
Division VII. Property.
Title 40. Liens. (Refs & Annos)
Chapter 4. Storage Liens.
§ 40-402. Prohibited acts.
(a) An operator shall not knowingly permit a leased space at a
self-service storage facility to be used as a residence.
(b) An occupant shall not use a leased space as a residence.
CREDIT(S)
(Feb. 6, 2004, D.C. Law 15-64, § 3, 50 DCR 9303.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-64, see notes following § 40-401.
DC CODE § 40-402
Current through September 13, 2007
Copyright © 2007 By The District of Columbia. All Rights Reserved.
DC ST § 40-403
§ 40-403. Lien for rent, labor, or other charges.
DC ST § 40-403
District of Columbia Official Code 2001 Edition Currentness
Division VII. Property.
Title 40. Liens. (Refs & Annos)
Chapter 4. Storage Liens.
§ 40-403. Lien for rent, labor, or other charges.
(a) The operator shall have a lien on all personal property stored
within each leased space for rent, labor, or other charges, and for
expenses reasonably incurred in its sale, as provided in this chapter.
(b) The rental agreement shall contain a statement, in bold type,
advising the occupant:
(1) Of the existence of the lien; and
(2) That property stored in the leased space may be sold to satisfy the
lien if the occupant is in default.
CREDIT(S)
(Feb. 6, 2004, D.C. Law 15-64, § 4, 50 DCR 9303.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-64, see notes following § 40-401.
DC CODE § 40-403
Current through September 13, 2007
Copyright © 2007 By The District of Columbia. All Rights Reserved.
DC ST § 40-404
§ 40-404. Enforcement of lien.
DC ST § 40-404
District of Columbia Official Code 2001 Edition Currentness
Division VII. Property.
Title 40. Liens. (Refs & Annos)
Chapter 4. Storage Liens.
§ 40-404. Enforcement of lien.
(a)(1) If the occupant is in default for a period of more than 60 days,
the operator may enforce the lien by selling the property stored in the
leased space at a public sale.
(2) Proceeds from the sale shall be applied to satisfy the lien, and any
surplus shall be disbursed as provided in subsection (e) of this
section.
(b) Before conducting a sale under subsection (a) of this section, the
operator shall:
(1) Notify the occupant of the default by regular mail at the occupant's
last known address;
(2) Send a second notice of default by certified mail, return receipt
requested, to the occupant at the occupant's last known address which
includes:
(A) A statement that the contents of the occupant's leased space are
subject to the operator's lien;
(B) A statement of the operator'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 those additional
charges shall become due;
(C) A demand for payment of the charges due within a specified time, not
less than 14 days after the date that the notice was mailed;
(D) A statement that unless the claim is paid within the time stated,
the contents of the occupant's space will be sold at a specified time
and place; and
(E) The name, street address, and telephone number of the operator, or
his designated agent, whom the occupant may contact to respond to the
notice; and
(3) At least 3 days before the sale, advertise the time, place, and
terms of the sale in a newspaper of general circulation in the
jurisdiction where the sale is to be held.
(c) At any time before a sale under this section, the occupant may pay
the amount necessary to satisfy the lien and redeem the occupant's
personal property.
(d) The sale under this section shall be held at the self-service
storage facility where the personal property is stored.
(e) If a sale is held under this section, the operator shall:
(1) Satisfy the lien from the proceeds of the sale; and
(2) Hold the balance, if any, for delivery on demand to the occupant or
any other recorded lienholders.
(f) A purchaser in good faith of any personal property sold under this
chapter shall take the property free and clear of any rights of:
(1) Persons against whom the lien was valid; and
(2) Other lienholders.
(g) If the operator complies with the provisions of this chapter, the
operator's liability:
(1) To the occupant shall be limited to the net proceeds received from
the sale of the personal property; and
(2) To other lienholders shall be limited to the net proceeds received
from the sale of any personal property covered by that other lien.
(h) If an occupant is in default, the operator may deny the occupant
access to the leased space.
(i)(1) Unless otherwise specifically provided, all notices required by
this chapter shall be sent by certified mail, return receipt requested.
(2)(A) Notices sent to the operator shall be sent to the self-service
storage facility where the occupant's property is stored.
(B) Notices to the occupant shall be sent to the occupant at the
occupant's last known address.
(3) Notices shall be deemed delivered when deposited with the United
States Postal Service, properly addressed as provided in subsection (b)
of this section, with postage prepaid.
(j) The operator shall retain a copy of the second notice of default and
the return receipt as provided in subsection (b)(2) of this section for
6 months following the date of the lien sale.
CREDIT(S)
(Feb. 6, 2004, D.C. Law 15-64, § 5, 50 DCR 9303.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-64, see notes following § 40-401.
DC CODE § 40-404
Current through September 13, 2007
Copyright © 2007 By The District of Columbia. All Rights Reserved.
DC ST § 40-405
§ 40-405. Personal property vested in occupant.
DC ST § 40-405
District of Columbia Official Code 2001 Edition Currentness
Division VII. Property.
Title 40. Liens. (Refs & Annos)
Chapter 4. Storage Liens.
§ 40-405. Personal property vested in occupant.
Unless the rental agreement specifically provides otherwise and until a
lien sale under this chapter, the exclusive care, custody, and control
of all personal property stored in the leased self-service storage space
shall remain vested in the occupant.
CREDIT(S)
(Feb. 6, 2004, D.C. Law 15-64, § 6, 50 DCR 9303.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-64, see notes following § 40-401.
DC CODE § 40-405
Current through September 13, 2007
Copyright © 2007 By The District of Columbia. All Rights Reserved.
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