507-65 Final demand and notice of sale. If both notices have been sent, as required by sections 507-63 and 507-64, and the total sum due has not been paid as specified in the two prior notices, the owner may prepare for the sale of the occupant's property. The owner shall send to the occupant's last known electronic mail address and last known address, by certified mail, postage prepaid:

(1) A notice of final demand and sale which shall state:

(A) That the sums due for rent and charges demanded have not been paid;

(B) That the occupant's right to use the designated storage space has been terminated;

(C) That the occupant no longer has access to the stored property;

(D) That the stored property is subject to a lien and the amount of the lien;

(E) That the property will be sold to satisfy the lien after a specified date which is not less than thirty days from the date of mailing the notice unless prior to the specified date, the lien is paid in full;

(F) That any excess proceeds of the sale over the lien amount of costs of sale will be retained by the owner and may be reclaimed by the occupant, or claimed by another person, at any time for a period of one year from the sale and that thereafter the proceeds will go to the State under chapter 523A; and

(G) That if the proceeds of sale do not fully cover the amount of lien and costs, the occupant will be held liable for any deficiency; and

(2) An itemized statement of the owner's claim showing all sums due at the time of the notice and the date when sums became due. [L 1984, c 239, pt of 1; am L 1985, c 68, 21; am L 2017, c 180, 7]

 

 

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