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§ 18-48-701. Definitions

As used in this subchapter: (1) “Default” means the failure to perform on time any obligation or duty set forth in the rental agreement; (2) “Last known address” means that address provided by the occupant in the rental agreement or the address provided by the occupant in a subsequent written notice of a change in […]

§ 18-48-702. Marina operator’s lien on watercraft and stored property

(a) The operator of a marina facility has 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 subchapter. (b) The lien provided for in this section attaches as of the date the lease or rental […]

§ 18-48-703. Notice of lien

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.

§ 18-48-704. Access to leased space — Care of property

(a) If an occupant is in default, the marina operator may deny the occupant access to the leased space. (b) (1) Unless the rental agreement specifically provides otherwise and until a lien sale under this subchapter, the property stored in the leased space remains vested in the occupant. (2) Entry of the leased space by […]

§ 18-48-705. Default — Right to sell property

If the occupant is in default for a period of more than forty-five (45) days, the marina operator may enforce the lien by selling the property stored in the leased space at a public sale for cash.

§ 18-48-706. Sale procedure

(a) Before conducting a sale under § 18-48-705, the marina operator shall: (1) (A) Notify the occupant in writing of the default. (B) The notice shall be sent by certified mail, return receipt requested, to the occupant at the occupant’s last known address, and shall include: (i) A statement that the contents of the occupant’s […]

§ 18-48-707. Disposition of sale proceeds

(a) Proceeds from the sale shall be paid, in order of priority: (1) To satisfy all prior liens having priority over the marina operator’s lien as set forth in § 18-48-702; (2) To satisfy the marina operator’s lien; and (3) To the occupant or other person or persons entitled thereto. (b) If a sale is […]

§ 18-48-708. Notices — Method of delivery

(a) Unless otherwise specifically provided, all notices required by this subchapter shall be sent by certified mail, return receipt requested. (b) (1) Notices sent to the operator shall be sent to the marina facility where the occupant’s property is stored. (2) Notices to the occupant shall be sent to the occupant at the occupant’s last […]