LD 2262
pg. 1
LD 2262 Title Page An Act to Prohibit the Sale of Items in Storage Owned by a 3rd Party Page 2 of 4
Download Bill Text
LR 3327
Item 1

 
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


LD 2262 Title Page Top of Page Page 2 of 4