{"data":{"id":"us-ky/krs-359.230","jurisdiction":"us-ky","citation":"KRS 359.230","heading":"Enforcement of lien against occupant in default -- Requirements prior to","body":"conduct of sale -- Redemption by occupant -- Application of proceeds -- Rights\nof purchaser -- Limitation on liability of operator -- Stored personal property\nvalue limit -- Alternative to sale of motor vehicle subject of default of more\nthan sixty days.\n(1) (a) If the occupant is in default for a period of more than forty -five (45) days, the\noperator may enforce a lien by selling the property stored in the leased space\nat a public or private sale, for cash.\n(b) Proceeds shall then be applied to satisfy the lien, with any surplus disbursed as\nprovided in subsection (5) of this section.\n(2) Before conducting a sale under subsection (1) of this section, the operator shall:\n(a) Notify the occupant of the default by regular or verified electronic mail at the\noccupant's last known address;\n(b) Send a second notice of default by verified mail or verified electronic mail to\nthe occupant at the occupant's last known address which includes:\n1. A statement that the contents of the occupant's leased space are subject\nto the operator's lien;\n2. A statement of the operator's claim, indicating the charges due on the\ndate of the notice, the amount of any additional charges which shall\nbecome due before the date of sale, and the date those additional charges\nshall become due;\n3. A demand for payment of the charges due within a specified time, not\nless than fourteen (14) days after the date of the notice;\n4. A statement that unless the claim is paid within the time stated, the\ncontents of the occupant's leased space shall be sold at a specified time\nand place; and\n5. The name, street address, and telephone number of the operator, or his\nor her designated agent, whom the occupant may contact to  respond to\nthe notice; and\n(c) At least three (3) days before the sale, advertise the time, place, and terms of\nthe sale in:\n1. A newspaper of general circulation in the jurisdiction where the sale is\nto be held; or\n2. Any other commercially reasonable manner. The manner of\nadvertisement shall be deemed commercially reasonable if at least three\n(3) independent bidders participate in, or attend the sale at the time and\nplace advertised.\n(3) At any time before a sale under  this section, the occupant may pay the amount\nnecessary to satisfy the lien and redeem the occupant's personal property.\n(4) The sale under this section shall be held at the self -service storage facility, the\nlocation of the self-contained storage unit where the personal property is stored, or a\npublicly accessible Web site.\n(5) If a sale is held under this section, the operator shall:\n(a) Satisfy the lien from the proceeds of the sale;\n(b) Hold the balance, if any, for delivery to any other recorded lienh olders who\npresent claims within sixty (60) days. Notwithstanding Article 9 of KRS\nChapter 355, claims shall be satisfied on a first come first served basis; and\n(c) Deliver, upon expiration of sixty (60) days, the balance of any remaining\nproceeds to the occupant.\n(6) A purchaser in good faith of any personal property sold under KRS 359.200 to\n359.250 takes the property free and clear of any rights of:\n(a) Persons against whom the lien was valid; and\n(b) Other lienholders.\n(7) If the operator complies with  the provisions of KRS 359.200 to 359.250, the\noperator's liability:\n(a) To the occupant shall be limited to the net proceeds received from the sale of\nthe personal property;\n(b) To other lienholders shall be limited to the net proceeds received from the sale\nof any personal property covered by that other lien; and\n(c) To the occupant or valid lienholders shall be relieved upon full distribution of\nproceeds in accordance with the provisions of KRS 359.200 to 359.250.\n(8) If an occupant is in default, the op erator may deny the occupant access to the leased\nspace.\n(9) (a) Unless otherwise specifically provided, all notices required by KRS 359.200\nto 359.250 shall be sent by verified mail or verified electronic mail.\n(b) 1. Notices sent to the operator shall be  sent to the operator's principal\noffice, as listed on the rental agreement.\n2. Notices to the occupant shall be sent to the occupant at the occupant's\nlast known address.\n(c) Notices shall be deemed delivered when deposited with the United States\nPostal S ervice, properly addressed as provided in paragraph (b) of this\nsubsection, with postage paid, or sent by verified electronic mail.\n(10) Provided, however, unless the rental agreement specifically provides otherwise and\nuntil a lien sale under KRS 359.200 to 359.250, the exclusive care, custody, and\ncontrol of all personal property stored in the leased space shall remain vested in the\noccupant.\n(11) If the rental agreement specifies a limit on the value of the personal property that\nmay be stored in the occ upant's leased space, the limit shall be deemed to be the\nmaximum value of the stored personal property.\n(12) If the occupant is in default for more than sixty (60) days and the personal property\nstored in the leased space is a motor vehicle as defined in KRS 376.268, the\noperator may, in lieu of a sale authorized in this chapter, have the vehicle or\nwatercraft towed or removed from the self -service storage facility, and the towing\ncompany shall execute the notice provisions as specified in KRS 281.928.","path":["KRS Chapter 359"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51249","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:53Z","sha256":"adcd5e20245ee93e590015c407fbfc88736d6a8831c5bd5105a8da84aa08fc76","source_id":"us-ky","stale":false,"prev":"us-ky/krs-359.220","next":"us-ky/krs-359.240"},"notice":"GroundRules: Original legal text. Not legal advice."}