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Home » US Law » 2020 Arkansas Code » Title 18 - Property » Subtitle 2 - Real Property » Chapter 16 - Landlord and Tenant » Subchapter 4 - Self-Service Storage Facilities

§ 18-16-401. Definitions

As used in this subchapter: (1) “Default” means the failure to timely perform an obligation of a rental agreement; (2) “Electronic mail” means an electronic message, a file, data, or other information that is transmitted: (A) Between two (2) or more computers, computer networks, or electronic terminals; or (B) Within or between computer networks; (3) […]

§ 18-16-402. Operator’s lien on stored property

(a) (1) An operator of a self-service storage 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 or removal from a self-service storage facility under this subchapter. (2) If the personal property is a motor vehicle, trailer, […]

§ 18-16-403. Use for residential purposes

(a) An operator may not knowingly permit a leased space at a self-service storage facility to be used for residential purposes. (b) An occupant may not use a leased space for residential purposes.

§ 18-16-404. Notice of lien

A 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 or removed to satisfy the lien if the occupant is in default.

§ 18-16-405. Access to leased space — Care of property

(a) If an occupant is in default, the operator may deny the occupant access to the leased space. (b) (1) The exclusive care, custody, and control of all personal property stored in the leased self-service storage space remains vested in the occupant unless: (A) The rental agreement specifically provides otherwise; (B) A lien sale is […]

§ 18-16-406. Default — Right to sell or remove property

(a) If the occupant is in default for more than forty-five (45) days, the operator may enforce the lien by selling the personal property stored in the leased space at a public sale for cash. (b) (1) If the personal property subject to the lien is a motor vehicle, trailer, or watercraft, and the occupant […]

§ 18-16-407. Sale and removal procedure

(a) Before conducting a sale or removal of personal property under § 18-16-406, the operator shall: (1) (A) Notify the occupant in writing of the default. (B) Except as provided in subdivision (a)(1)(D) of this section, notice shall be sent by first class mail with certificate of mailing to the occupant at the occupant’s last […]

§ 18-16-408. Disposition of sale proceeds

(a) Proceeds from the sale shall be applied to satisfy the lien, and any surplus shall be disbursed as provided in subsection (b) of this section. (b) If a sale is held under this subchapter, the operator shall: (1) Satisfy the lien from the proceeds of the sale; and (2) Hold the balance, if any, […]

§ 18-16-409. Notices — Method of delivery

(a) Unless otherwise specifically provided, all notices required by this subchapter shall be sent by first class mail with certificate of mailing. (b) (1) Notices sent to the operator shall be sent to the self-service storage facility where the occupant’s property is stored. (2) Notices to the occupant shall be sent to the occupant at […]

§ 18-16-410. Limits on value of stored property

If the rental agreement contains a specified limit on the value of property allowed to be stored in an occupant’s storage space, the operator is not liable for a loss or damages to the property stored in the occupant’s storage space that exceeds the specified limit.

§ 18-16-411. Conditions and limitations for imposing late fees

(a) If the amount of a late fee and the conditions for imposing a late fee are stated in the rental agreement or in an addendum to the rental agreement, the operator may impose a late fee on the occupant for each month the occupant does not pay rent when due that does not exceed […]

§ 18-16-412. Disposal of personal information — Definition

(a) (1) As used in this section, “personal information” means information relating to a client, a customer, or a person with whom the occupant does business that readily identifies that person or is closely associated with the person, including without limitation a person’s: (A) Social Security number; (B) Credit or debit card information; (C) Bank […]

§ 18-16-413. Sale of a vehicle

A self-service storage facility may sell a vehicle of a type subject to registration under the laws of this state using the procedure for the sale of a vehicle as provided in §§ 27-50-1202 and 27-50-1208 — 27-50-1210.