| Be it enacted by the People of the State of Maine as follows: |
|
| | Sec. 1. 10 MRSA §1372, sub-§9 is enacted to read: |
|
| | 9.__Third party.__"Third party" means a person other than the | occupant or operator. |
|
| | Sec. 2. 10 MRSA §1374, sub-§1-A is enacted to read: |
|
| | 1-A.__Property of 3rd party.__Notwithstanding subsection 1, | the operator of a self-service storage facility does not have a | lien on personal property stored within the leased space if it | can be proven that prior to and during the time the personal | property was placed in the leased space, the personal property | was the property of a 3rd party.__Proof of ownership by a 3rd | party must be provided to the operator prior to the placement of | the property in storage. |
|
| If property has been identified as belonging to a 3rd party, the | occupant must provide to the operator the name and address of the | 3rd party. |
|
| | Sec. 3. 10 MRSA §1374, sub-§2, ¶B, as enacted by PL 1989, c. 62, is | amended to read: |
|
| B. That property stored in the leased space not identified | as the property of a 3rd party pursuant to subsection 1-A | may be sold to satisfy the lien if the occupant is in | default; and |
|
| | Sec. 4. 10 MRSA §1375, sub-§1, as enacted by PL 1989, c. 62, is | amended to read: |
|
| | 1. Sale; use of proceeds. If the occupant is in default for | a period of more than 45 days, the operator may enforce a lien by | selling the property stored in the leased space at a public or | private sale for cash. Proceeds shall must then be applied to | satisfy the lien, with any surplus disbursed as provided in | subsection 5. If property that has been identified by the | occupant as personal property of a 3rd party pursuant to section | 1374, subsection 1-A is not claimed by the 3rd party within 14 | days of the notice provided pursuant to subsection 2, paragraph | A-1, the property may be treated as if it were the property of | the occupant, therefore subject to the provisions of this Act. |
|
| | Sec. 5. 10 MRSA §1375, sub-§2, ¶A, as enacted by PL 1989, c. 62, is | amended to read: |
|
| A. Send a notice of default by regular mail and by |
|
|