South Dakota Notice of Sale to Satisfy Lien of Self-Service Storage Facility

State:
Multi-State
Control #:
US-01022BG
Format:
Word; 
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Description

A self-service storage facility has been defined as "any real property designed and used for the purpose of renting or leasing individual storage spaces to occupants who are to have access to such for the purpose of storing and removing personal property." Such a business has generally acquires a statutory lien on the stored property for unpaid storage costs.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine

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FAQ

To put it plainly, living in a storage unit is illegal.

Eric Holcomb. Under current law, a storage company can't put its own, second lock on a storage unit until the rent goes unpaid for at least 30 days. The company then only can auction the contents of a storage unit in default once 90 days have elapsed.

In some states, such as California, the storage facility must send a notice to the renter indicating that the unit is in default and will be sold at a public auction if the renter does not pay the past-due rent and fees within a certain timeframe, usually between 14 and 21 days.

Those owed money on a project in South Dakota must file their mechanics lien within 120 days from last furnishing labor or materials to a project. However, a property owner can delay this process for at least 10 days by service an ?Owners Demand for Lien Account? upon any potential lien claimant.

Defaulting on a storage unit can negatively impact your credit score if the facility reports unpaid debts to collection agencies or credit bureaus. This could make it difficult to secure housing or other services that require good credit standing.

Under South Dakota statute, where as estate is valued at less than $50,000, an interested party may issue a small estate affidavit to collect any debts owed to the decedent. South Dakota Requirements: South Dakota requirements are set forth in the statutes below. § 29A-3-1201.

§ 15-35-810. A judgment becomes a lien on real property for a period of 10 years. S.D. Codified Laws § 15-16-7.

PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS THIRTY-DAY PERIOD AFTER DEFAULT.

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South Dakota Notice of Sale to Satisfy Lien of Self-Service Storage Facility