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Citation

Statutory Language-Advertisement/Publication

Statutory Language-Commercially Reasonable Sale

Alabama

Ala. Code 1975 § 8-15-34 (West, Westlaw).

“7) After the expiration of the time given in the notice, an advertisement of the sale or other disposition shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county where the self-service storage facility is located. The advertisement shall include: a. A brief and general description of the personal property reasonably adequate to permit its identification as provided in paragraph (5)b. of this section; the address of the self-service storage facility and the number, if any, of the space where the personal property is located; and the name of the occupant and his last known address; b. The time, place, and manner of the sale or other disposition. The sale or other disposition shall take place not sooner than 15 days after the first publication. (8) If there is no newspaper of general circulation in the county where the self-service storage facility is located, the advertisement shall be posted at least 10 days before the date of the sale or other disposition in not less than six conspicuous places in the neighborhood where the self-service storage facility is located.” (Ala. Code 1975 § 8-15-34 (7), (8) (West, Westlaw)).

“(13) In the event of a sale under this section, the owner may satisfy his lien from the proceeds of the sale. The lien rights of secured lienholder(s) are automatically transferred to the remaining proceeds of the sale. If the sale is made in good faith and is conducted in a commercially reasonable manner, the owner shall not be subject to any liability for a deficiency if the amount realized at sale does not satisfy any secured lien, but shall hold the balance, if any, for delivery to the occupant, lienholder, or other person in interest. If the occupant, lienholder, or other person in interest does not claim the balance of the proceeds within three years of the date of sale, it shall become the property of the owner without further recourse by the occupant, lienholder, or other person in interest.” (Ala.Code 1975 § 8-15-34(13) (West, Westlaw)).

Alaska

Alaska Stat. § 45.07.210 (West, Westlaw).

“(5) after the expiration of the time given in the notification, an advertisement of the sale must be published once a week for two weeks consecutively in a newspaper of general circulation where the sale is to be held; the advertisement must include a description of the goods, the name of the person on whose account the goods are being held, and the time and place of the sale; the sale must take place at least 15 days after the first publication; if there is no newspaper of general circulation where the sale is to be held, the advertisement must be posted at least 10 days before the sale in not fewer than three conspicuous places in the neighborhood of the proposed sale.” (Alaska Stat. § 45.07.210(b)(5) (West, Westlaw).

“(a) Except as otherwise provided in (b) of this section, a warehouse's lien may be enforced by public or private sale of the goods, in block or in packages, at any time or place, and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. This notification must include a statement of the amount due, the nature of the proposed sale, and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a method different from that selected by the warehouse is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. The warehouse sells in a commercially reasonable manner if the warehouse sells the goods in the usual manner in a recognized market for the goods, sells at the price current in the market at the time of the sale, or otherwise sells in conformity with commercially reasonable practices among dealers in the type of goods sold. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable, except in cases covered by the preceding sentence.” (Alaska Stat. § 45.07.210(a) (West, Westlaw)).

Arizona

Ariz. Rev. Stat. Ann. § 33-1704 (West, Westlaw 2010).

“H. If five or more bidders who are unrelated to the operator are in attendance at a sale held under this section, the sale and its proceeds are deemed to be commercially reasonable.” (Ariz. Rev. Stat. Ann. § 33-1704(H) (West, Westlaw 2010)).

Arkansas

Ark. Code Ann. § 18-16-407 (West, Westlaw).

“(2) Publish one (1) advertisement in a newspaper of general circulation in the county in which the storage facility is located at least seven (7) days before the sale…” (Ark. Code Ann. § 18-16-407(a)(2) (West, Westlaw)).

California

Cal. Bus. & Prof. Code § 21707 (West, Westlaw 2011).

“After the expiration of the time given in the notice of lien sale, pursuant to subdivision (b) of Section 21705, or following the failure of a claimant to pay rent or obtain a court order pursuant to Section 21709, an advertisement of the sale shall be published once a week for two weeks consecutively in a newspaper of general circulation published in the judicial district where the sale is to be held. The advertisement shall include a general description of the goods, the name of the person on whose account they are being stored, and the name and location of the storage facility. If there is no newspaper of general circulation published in the judicial district where the sale is to be held, the advertisement shall be posted at least 10 days before the sale in not less than six conspicuous places in the neighborhood of the proposed sale.” (Cal. Bus. & Prof. Code Ann. § 21707 (West, Westlaw 2012)).

“The sale shall be conducted in a commercially reasonable manner.” (Cal. Bus. & Prof. Code Ann. § 21707 (West, Westlaw 2012)).

Connecticut

Conn. Gen. Stat. Ann. § 42-164 (West, Westlaw).

“(a) After the expiration of the time given in the notice for the occupant to pay the amount due, if the owner wishes, he may place an advertisement of the sale or other disposition of the personal property in a newspaper of substantial circulation in the municipality where the self-service storage facility is located. Such advertisement shall be published at least twice within a period not less than ten days preceding the date of such sale or other disposition…(b) Such sale or other disposition of the personal property shall not take place sooner than ten days after the first publication of the advertisement nor sixty days after the date of default.”(Conn. Gen. Stat. Ann. § 42-164(a), (b) (West, Westlaw)).

Colorado

Colo. Rev. Stat. Ann. § 38-21.5-103 (West, Westlaw 2011).

“(e)(I) After the expiration of the time given in the notice, the owner shall advertise the sale of the personal property either by: (A) Publishing an advertisement of the sale once a week for two consecutive weeks in a periodical that circulates weekly or more frequently in the county where the self-service storage facility is located; or (B) Advertising the sale in any other commercially reasonable manner. The manner of advertisement is deemed commercially reasonable if at least three independent bidders attend the sale at the time and place advertised.” (Colo. Rev. Stat. Ann. § 38-21.5-103(e)(I) (West, Westlaw 2011)).

“…(B) Advertising the sale in any other commercially reasonable manner. The manner of advertisement is deemed commercially reasonable if at least three independent bidders attend the sale at the time and place advertised.” (Colo. Rev. Stat. Ann. § 38-21.5-103(e)(I) (West, Westlaw 2011)).

Delaware

Del. Code. Ann. tit. 25 § 4904 (West, Westlaw).

“c) After the expiration of the time given in the notice, an advertisement of the sale or other disposition shall be published once a week for 2 consecutive weeks in a newspaper of general circulation in the county where the self-service storage facility is located. The advertisement shall include: (1) A brief and general description of the personal property reasonably adequate to permit its identification as provided for in paragraph (a)(3)b. of this section; (2) The address of the self-service storage facility and the number, if any, of the space where the personal property is located and the name of the occupant; (3) The time, place and manner of the sale or other disposition. The sale or other disposition shall take place not sooner than 30 days after the first publication.” (Del. Code. Ann. tit. 25 § 4904 (West, Westlaw)).

D.C.

D.C. Code Ann. § 40-404 (West, Westlaw).

“(3) At least 3 days before the sale, advertise the time, place, and terms of the sale in a newspaper of general circulation in the jurisdiction where the sale is to be held.” (D.C. Code Ann. § 40-404(b)(3) (West, Westlaw)).

Florida

 Fla. Stat. Ann. § 83. 806 (West, Westlaw).

“4) After the expiration of the time given in the notice, an advertisement of the sale or other disposition shall be published once a week for 2 consecutive weeks in a newspaper of general circulation in the area where the self- service storage facility or self-contained storage unit is located. Inasmuch as any sale may involve property of more than one tenant, a single advertisement may be used to dispose of property at any one sale. (a) The advertisement shall include: 1. A brief and general description of what is believed to constitute the personal property contained in the storage unit, as provided in paragraph (2)(b). 2. The address of the self-service storage facility or the address where the self-contained storage unit is located and the name of the tenant. 3. The time, place, and manner of the sale or other disposition. The sale or other disposition shall take place not sooner than 15 days after the first publication. (b) If there is no newspaper of general circulation in the area where the self-service storage facility or self- contained storage unit is located, the advertisement shall be posted at least 10 days before the date of the sale or other disposition in not fewer than three conspicuous places in the neighborhood where the self-service storage facility or self-contained storage unit is located.” (Fla. Stat. Ann. § 83. 806(4) (West, Westlaw)).

“(5) Any sale or other disposition of the personal property shall conform to the terms of the notification as provided for in this section and shall be conducted in a commercially reasonable manner, as that term is used in s. 679.610.” (Fla. Stat. Ann. § 83. 806(5) (West, Westlaw)).

Georgia

Ga. Code Ann., § 10-4-213 (West, Westlaw 2013).

“After the expiration of the time given in Owner's notice, Owner shall publish an advertisement of the public sale to the highest bidder, once a week, for two consecutive weeks, in the legal organ for the county where the self-service storage facility is located.” (Ga. Code Ann., § 10-4-213 (West, Westlaw 2013)).

“The sale shall be deemed commercially reasonable if at least three (3) independent bidders attend the sale at the time and place advertised. ‘Independent bidder’ means a bidder who is not related to and who has no controlling interest in, or common pecuniary interest with, Owner or any other bidder.” (Ga. Code Ann., § 10-4-213 (West, Westlaw 2013)).

Hawaii

Haw. Rev. Stat. Ann. § 507-66 (West, Westlaw).

“a) Fifteen days after sending the final demand and notice of sale, pursuant to section 507-65(1), an advertisement of the sale shall be published once a week for two weeks consecutively in a newspaper of general circulation published in the judicial district where the sale is to be held. The advertisement shall include a general description of the goods, the name of the person on whose account they are being stored, the total sums due, and the name and location of the storage facility.” (Haw. Rev. Stat. Ann. § 507-66(a) (West, Westlaw)).

“(b) The sale shall be conducted in a commercially reasonable manner; and, after deducting the amount of the lien and costs, the owner shall retain any excess proceeds of the sale on the occupant's behalf. The occupant, or any other person having a court order or other judicial process against the property, may claim the excess proceeds, or a portion thereof sufficient to satisfy the particular claim, at any time within one year of the date of sale. Thereafter, the owner shall pay any remaining excess proceeds to the State as provided in chapter 523A.” (Haw. Rev. Stat. Ann. § 507-66(b) (West, Westlaw)).

Idaho

Idaho Code Ann. § 55-2306 (West, Westlaw).

“(3) Upon expiration of the time specified in subsection (2)(c) of this section, an advertisement of the sale shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in the county where the self-service storage facility is located. The advertisement shall include: (a) The location, date, time and manner of the sale of the property stored in the self-service facility; (b) A brief and general description of the personal property; and (c) The name and last known address of the lessee.” (Idaho Code Ann. 55-2306(3) (West, Westlaw)).

Illinois

770 Ill. Comp. Stat. Ann. § 95/4 (Smith-Hurd, Westlaw 2011).(Prior to Amendment, Senate Bill 2952, 98th Gen. Assembly (Illinois 2014)) (Westlaw).

“(E) After the expiration of the time given in the notice, an advertisement of the sale or other disposition shall be published once a week for two consecutive weeks in a newspaper of general circulation where the self-service storage facility is located. The advertisement shall include: (1) The name of the facility, address, telephone number, date, time, location, and manner of lien sale and the occupant's name and unit number. (2) (Blank). (3) The sale or other disposition shall take place not sooner than 15 days after the first publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least 10 days before the date of the sale or other disposition in not less than 6 conspicuous places in the neighborhood where the self-service storage facility is located.” (770 Ill. Comp. Stat. Ann. § 95/4(E) (Smith-Hurd 2011)(Prior to Amendment, Senate Bill 2952, 98th Gen. Assembly (Illinois 2014))(Westlaw)).

“(L) If 3 or more bidders who are unrelated to the owner are in attendance at a sale held under this Section, the sale and its proceeds are deemed to be commercially reasonable.” (770 Ill. Comp. Stat. Ann. § 95/4(L) (Smith-Hurd 2011). (Prior to Amendment, Senate Bill 2952, 98th Gen. Assembly (Illinois 2014))(Westlaw)).

Indiana

Ind. Code Ann. § 26-3-8-14 (West, Westlaw 2014).

“(b) Except as otherwise permitted under subsection (c), the owner shall cause an advertisement of sale to be published one (1) time before the date of the sale in a newspaper of general circulation in the county in which the self-service storage facility is located. The advertisement must include: (1) a statement that the personal property stored in the renter's rented space will be sold to satisfy the owner's lien; (2) the address of the self-service storage facility, the number or other designation (if any) of the space where the personal property is located, and the name of the renter; (3) the manner of the sale; and (4) the time and place of the sale, as applicable.” (Ind. Code Ann. 26-3-8-14(b)(West, Westlaw 2014)).

“(c) As an alternative to the publication described in subsection (b), the owner may advertise the sale in any other commercially reasonable manner that is likely to attract at least three (3) independent bidders to the sale. An advertisement by an alternative method permitted under this section must include the information required under subsection (b)(1) through (b)(4).”(Ind. Code Ann. 26-3-8-14(c)(West, Westlaw 2014)).

Iowa

Iowa Code Ann. § 578A.4 (Westlaw).

“3. After the expiration of the time given in the notice, an advertisement of the sale or other disposition shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county where the self-service storage facility is located. The advertisement shall include: a. A brief and general description of the personal property reasonably adequate to permit its identification as provided for in subsection 1, paragraph “b”. b. The address of the self-service storage facility, the number, if any, of the space where the personal property is located, and the name of the occupant. c. The time, place, and manner of the sale or other disposition. The sale or other disposition shall take place not sooner than fifteen days after the first publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least ten days before the date of the sale or other disposition in at least six conspicuous places in the neighborhood where the self-service storage facility is located.”(Iowa Code Ann. § 578A.4(3) (Westlaw)).

Kansas

Kan. Stat. Ann. § 58-817 (West, Westlaw 2012).

“(3) At least seven days before the sale, advertise the time, place and terms of the sale in a newspaper of general circulation in the jurisdiction where the sale is to be held. Such advertisement shall be in the classified section of the newspaper.” (Kan. Stat. Ann. § 58-817(b)(3)(West, Westlaw 2012)).

“(a)(1) If the occupant is in default for a period of more than 45 days, the operator may enforce the lien by selling the property stored in the leased space for cash. Sale of the property stored on the premises may be by public or private proceedings and may also be as a unit or in parcels, or by way of one or more contracts and at any time or place, and on any terms as long as the sale is commercially reasonable. The operator may otherwise dispose of any property which has no commercial value.” (Kan. Stat. Ann. § 58-817(a)(1)(West, Westlaw 2012)).

Kentucky

Ky. Rev. Stat. Ann. § 359.230 (Baldwin, Westlaw 2014).

“(c) At least three (3) days before the sale, advertise the time, place, and terms of the sale in a newspaper of general circulation in the jurisdiction where the sale is to be held.” (Ky. Rev. Stat. Ann. § 359.230(2)(c) (Baldwin, Westlaw 2014).

Louisiana

La. Rev. Stat. Ann. § 9:4759(5) (West, Westlaw).

“(5) Actual receipt of the notice made pursuant to this Section shall not be required. Within ten days after receipt of the notice, or within ten days after its mailing, whichever is earlier, an advertisement of the sale or other disposition of movable property subject to the privilege shall be published on at least one occasion in a newspaper of general circulation where the self-service storage facility is located. The advertisement shall include: (a) A brief and general description of the movable property reasonably adequate to permit its identification as provided for in Paragraph (4)(c) of this Section. (b) The address of the self-service storage facility and the number, if any, of the space where the movable property is located and the name of the lessee. (c) The time, place, and manner of the sale or other disposition.”(La. Rev. Stat. Ann. § 9:4759(5) (West, Westlaw)).

Maine

Me. Rev. Stat. Ann. tit. 10 § 1375 (Westlaw 2011).

Maryland

Md. Code Ann., Com. Law, § 18-504 (West, Westlaw 2013).

“(4) At least 3 days before conducting a sale under this section, the operator shall advertise the time, place, and terms of the sale in a newspaper of general circulation in the jurisdiction where the sale is to be held.” (Md. Code Ann., Com. Law, §18-504(4) (West, Westlaw 2013)).

Massachussetts

Mass. Gen. Laws Ann. ch. 105A § 4(4) (Westlaw).

Proposed: Senate Bill 2297, 188th General Court (Mass. 2013).

“(4) After the expiration of the time given in the notification, an advertisement of the sale must be published once a week for two consecutive weeks in a newspaper of general circulation in the city or town where the sale is to be held. The advertisement must include a description of the property, the name of the person on whose account they are being held, and the time and place of the sale. The sale must take place at least fifteen days after the first publication. If there is no newspaper of general circulation in the city or town where the sale is to be held, the advertisement must be posted at least ten days before the sale in not less than six conspicuous places in the neighborhood of the proposed sale.” (Mass. Gen. Laws Ann. ch. 105 § 4(4) (Westlaw)(prior to proposed amendment Mass. Senate Bill 2297, 188th General Court (2013)).

Michigan

Mich. Comp. Laws Ann. § 570. 525 (West, Westlaw 2014).

“(5) After the expiration of the time given in the notice described in subsection (2), except as provided in subsection (6), an advertisement of the sale or other disposition shall be published once a week for 2 consecutive weeks in the print or electronic version of a newspaper of general circulation in the area where the self-service storage facility or self-contained storage unit is located or posted once per week for 2 consecutive weeks on a publicly available website identified in the rental agreement. Regardless of whether a sale involves the property of more than 1 tenant, a single advertisement may be used to advertise the disposal of property at the sale. An advertisement under this section shall include all of the following: (a) A brief, general inventory, as described in subsection (7), of the personal property subject to the lien that is to be sold. (b) The address of the self-storage facility or the address where the self-contained storage unit is located and the name of the tenant. (c) The time, place, and manner of the sale or other disposition. Subject to subsection (16), the sale or other disposition shall not take place sooner than 15 days after the first publication of the advertisement under this section. (6) If there is no newspaper of general circulation in the area where the self-service storage facility or self- contained storage unit is located and a publicly available website is not identified in the rental agreement, the advertisement shall be posted not less than 10 days before the date of the sale or other disposition in not less than 3 conspicuous places in the neighborhood where the self-service storage facility or self-contained storage unit is located.” (Mich. Comp. Laws Ann. § 570. 525 (5),(6) (West, Westlaw 2014)).

“(8) A sale or other disposition of personal property under this section shall conform to the terms of the notification as provided in this section and shall be conducted in a commercially reasonable manner.” (Mich. Comp. Laws Ann. § 570. 525 (8) (West, Westlaw 2014)).

Minnesota

Minn. Stat. Ann. § 514.973 (Westlaw 2014).

“(b) After the expiration of the time given in the notice, the sale must be published once a week for two weeks consecutively in a newspaper of general circulation where the sale is to be held. The sale may take place no sooner than 15 days after the first publication. If the lien is satisfied before the second publication occurs, the second publication is waived. If there is no qualified newspaper under chapter 331A where the sale is to be held, the advertisement may be posted on an independent, publicly accessible Web site that advertises self storage lien sales or public notices. The advertisement must include a description of the goods, the name of the person on whose account the goods are being held, and the time and place of the sale.” (Minn. Stat. Ann. § 514.973(Subd.4(b) (West 2014)).

“(e) The sale must be conducted in a commercially reasonable manner. A sale is commercially reasonable if the property is sold in conformity with the practices among dealers in the property sold or sellers of similar distressed property sales.” (Minn. Stat. Ann. § 514.973(Subd.4(b) (West, Westlaw 2014)).

Mississippi

Miss. Code Ann. § 85-7-125 (West, Westlaw).

“(c) After the expiration of the time given in the owner's notice, the owner shall publish, in legal notices, advertisement of the sale to the highest bidder in a newspaper of general circulation where the self-storage facility is located. The notice shall include the address of the self-storage facility where the personal property is located, and the name of the occupant, and the time, place and manner of the sale.” (Miss. Code Ann. §85-7-125(c) (West, Westlaw)).

Missouri

Mo. Stat. Ann. § 415. 415 (Vernon, Westlaw 2014).

“(3) At least seven days before the sale, advertise the time, place and terms of the sale in a newspaper of general circulation in the jurisdiction where the sale is to be held. Such advertisement shall be in the classified section of the newspaper and shall state that the items will be released for sale.” (Mo. Stat. Ann.  415. 415(4)(3) (Vernon, Westlaw 2014)).

“2. If the occupant is in default for a period of more than forty-five days, the operator may enforce the lien granted in subsection 1 of this section and sell the property stored in the leased space for cash. Sale of the property stored on the premises may be done at a public or private sale, may be done as a unit or in parcels, or may be by way of one or more contracts, and may be at any time or place and on any terms as long as the sale is done in a commercially reasonable manner in accordance with the provisions of section 400.9-627. The operator may otherwise dispose of any property which has no commercial value.” (Mo. Stat. Ann.  415. 415(2) (Vernon, Westlaw 2014)).

Montana

Mont. Code. Ann. § 30-7-210 (West, Westlaw).   (No self-storage law, warehouse law only).

“(e) After the expiration of the time given in the notification, an advertisement of the sale must be published once a week for 2 weeks consecutively in a newspaper of general circulation where the sale is to be held. The advertisement must include a description of the goods, the name of the person on whose account they are being held, and the time and place of the sale. The sale must take place at least 15 days after the first publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must be posted at least 10 days before the sale in not less than six conspicuous places in the neighborhood of the proposed sale.” (Mont. Code. Ann. § 30-7-210(2)(e) (West, Westlaw)).  

“(1) Except as provided in subsection (2), a warehouse's lien may be enforced by public or private sale of the goods, in block or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. The notification must include a statement of the amount due, the nature of the proposed sale, and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the warehouse is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. The warehouse has sold in a commercially reasonable manner if the warehouse sells the goods in the usual manner in any recognized market therefor, sells at the price current in that market at the time of the sale, or has otherwise sold in conformity with commercially reasonable practices among dealers in the type of goods sold. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable, except in cases covered by the preceding sentence.” (Mont. Code. Ann. § 30-7-210(1) (West, Westlaw)).  

Nebraska

Neb. Rev. Stat. Ann.§ 69-2308 (West, Westlaw 2010).

“(2) Notice of the time and place of the public sale shall be given by advertisement of the sale published once a week for two consecutive weeks in a newspaper of general circulation in the county where the sale is to be held. If there is no newspaper of general circulation in the county where the sale is to be held, the advertisement shall be posted no fewer than ten days before the sale in not less than six conspicuous places in the neighborhood of the proposed sale. The sale shall be held at the nearest suitable place to the place where the personal property is held or stored. The advertisement shall include a description of the goods, the name of the former tenant, and the time and place of the sale. The sale shall take place no sooner than ten days after the first publication. The last publication shall be no less than five days before the sale is to be held. Notice of sale may be published before the last of the dates specified for taking possession of the property in any notice given pursuant to section 69-2303.” (Neb. Rev. Stat. Ann.§ 69-2308(2) (West, Westlaw)).

Nevada

Nev. Rev. Stat. Ann. §108. 477 (West, Westlaw 2011).

“2. The owner shall advertise the sale once a week for 2 consecutive weeks immediately preceding the date of the sale in a newspaper of general circulation in the judicial district where the sale is to be held. The advertisement must contain: (a) A general description of the personal property to be sold; (b) The name of the occupant; (c) The number of the individual storage space at the facility where the personal property was stored; and (d) The name and address of the facility.” (Nev. Rev. Stat. Ann. 108. 477(2)(West, Westlaw 2011)).

“4. The sale must be conducted in a commercially reasonable manner.” (Nev. Rev. Stat. Ann. 108. 477(4)(West, Westlaw 2011)).

New Hampshire

N.H. Rev. Stat. Ann. § 451-C (Westlaw).

No publication language (Westlaw last viewed 10/2014).

No “commercially reasonable” language (Westlaw last viewed 10/2014).

New Jersey

N. J. Stat. Ann. § 2A:44-191 (West, Westlaw 2013).

“e. After the expiration of the time given in the notice, an advertisement of the sale shall be published once a week for two consecutive weeks in a newspaper of general circulation where the self-service storage facility is located. The advertisement shall include: (1) A brief and general description of the personal property reasonably adequate to permit its identification as provided for in subsection c. (2) of this section; (2) The address of the self-service storage facility and the number, if any, of the space where the personal property is located and the name of the occupant; and (3) The time, place, and manner of the sale. The sale shall take place not sooner than 15 days after the final publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least 10 days before the date of sale in not less than six conspicuous places in the neighborhood where the self-service storage facility is located…” (N. J. Stat. Ann. 2A:44-191(e)(West, Westlaw 2013)).

New Mexico

N.M. Stat. Ann. § 48-11-7 (West, Westlaw).

“D. After the expiration of the time given in the notice of intent to enforce a lien, the owner shall publish an advertisement of the sale or other disposition of the property once a week for two consecutive weeks in a newspaper of general circulation in the county where the self-service storage facility is located. The advertisement shall include: (1) a brief and general description of the personal property reasonably adequate to permit its identification as provided in Paragraph (2) of Subsection B of this section, the address of the self-service storage facility where the personal property is located and the name and last known address of the occupant; and (2) the time, place and manner of the sale or other disposition. The sale or disposition shall take place not sooner than fifteen days after the first publication. If there is no newspaper of general circulation in the county where the self-service storage facility is located, the owner shall post the advertisement at least ten days prior to the sale or other disposition in at least six conspicuous places in the neighborhood where the self-service storage facility is located.” (N.M. Stat. Ann. § 48-11-7(D) (West, Westlaw)).

New York

N.Y. Lien Law § 182(7) (McKinney, Westlaw)

“(7)…The notice shall include an itemized statement of the amount due, the description of the property subject to the lien, the nature of the proposed sale, a demand for payment within a specified time not less than ten days from receipt of notification and a conspicuous statement that unless the claimant pays within that time the goods will be advertised for sale and sold at public or private sale and it shall state that any person claiming an interest in the goods is entitled to bring a proceeding hereunder within ten days of the service of the notice if he disputes the validity of the lien, or th amount claimed. The notice shall be personally delivered to the occupant, or sent by registered or certified mail, return receipt requested, to the occupant to the last address provided by the occupant, pursuant to the occupancy agreement.” (N.Y. Lien Law § 182(7) (McKinney, Westlaw).

“(7) Enforcement of lien. An owner’s lien may be enforced by public or private sale of the goods that have been removed from the storage space at a self-service storage facility, in block, or in parcel, at any time or place and on any terms which are commercially reasonable after notice to all persons known to claim an interest in the goods…” (N.Y. Lien Law § 182(7) (McKinney, Westlaw).

North Carolina

N.C. Gen. Stat. Ann. § 44A-43(c)(1)(a)(West, Westlaw 2013).

“(1a) Not less than five days prior to sale by public sale, the lienor shall publish notice of sale either (1) in a newspaper of general circulation in the county where the sale is to be held or (ii) in any other commercially reasonable manner.” (N.C. Gen. Stat. Ann. § 44A-43(c)(1a)(West, Westlaw 2013)).

“(c)(1a)…The manner of advertisement shall be deemed commercially reasonable if at least three independent bidders attend the sale at the time and place advertised and the sale is otherwise consistent with the definition set out in G.S. 25-9-627.”(N.C. Gen. Stat. Ann. § 44A-43(c)(1a)(West, Westlaw 2013)).

North Dakota

N.D. Cent. Code § 35-33-05 (West, Westlaw).

“Before conducting a sale, the owner shall…2. Publish, once a week for two consecutive weeks, with the first publication not more than thirty days before the sale and the last publication at least seven days before the sale, the time, place, and terms of the sale in a newspaper of general circulation in the county where the self-service storage facility is located.” (N.D. Cent. Code § 35-33-05 (2)(West, Westlaw)).

Ohio

Ohio Rev. Code Ann. § 5322. 03 (Baldwin, Westlaw 2013).

“G) After the expiration of the time given in the notice, an advertisement of the sale shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county in which the self-service storage facility is located or any other commercially reasonable manner. The manner of advertisement shall be deemed commercially reasonable if at least three independent bidders attend the sale at the time and place advertised. The advertisement shall include all of the following: (1) A brief and general description of the personal property as required by division (C)(3) of this section, except that the description shall describe the contents of any trunk, valise, or box that is locked, fastened, sealed, or tied in a manner that deters immediate access to its contents, if the trunk, valise, or box is opened by the owner prior to the date on which the advertisement of sale is published; (2) The name and last known address of the occupant who rented the storage space in which the personal property was stored; (3) The address of the self-service storage facility; (4) The time, place, and manner of the sale. The sale shall take place at least fifteen days after the first publication.” Ohio Rev. Code Ann. § 5322. 03(G) (Baldwin, Westlaw 2013).

“G) After the expiration of the time given in the notice, an advertisement of the sale shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county in which the self-service storage facility is located or any other commercially reasonable manner. The manner of advertisement shall be deemed commercially reasonable if at least three independent bidders attend the sale at the time and place advertised…” (Ohio Rev. Code Ann. § 5322. 03(G) (Baldwin, Westlaw 2013).

Oklahoma

Okla. Stat. Ann. tit. 42 § 197(F)(West, Westlaw).

"(F) After the expiration of the time given in the notice, an advertisement of the sale or other disposition shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in the county where the self-service storage facility is located.” (Okla. Stat. Ann. tit. 42 § 197(F)(West, Westlaw)).

Oregon

Or. Rev. Stat. Ann. § 87.691 (West, Westlaw 2014).

“(2) After the time specified in the notice given under ORS 87.689 expires, if the owner determines, based on the owner's previous experience, that the personal property subject to the lien created by ORS 87.687 has a value of more than §300, the owner shall cause an advertisement of the sale to be published once a week for two consecutive weeks in a newspaper of general circulation in the city or county in which the self-service storage facility is located. If there is no newspaper of general circulation in the city or county, the advertisement must be posted in not fewer than six conspicuous places in the neighborhood in which the self-service storage facility is located. The advertisement must include: (a) The address of the self-service storage facility, the number, if any, of the space where the personal property is located and the name of the occupant. (b) The time, place and manner of the sale.” (Or. Rev. Stat. Ann. § 87.691(2)  (West, Westlaw 2014)).

Pennsylvania

73 Pa. Cons. Stat. § 1907 (Purdon, Westlaw).

“(a) Publication.--After the expiration of the time stated in the notice and if the personal property has not other- wise been disposed of, the owner shall cause an advertisement of sale to be published two times preceding the date of sale in a newspaper of general circulation which serves the area where the self-service storage facility is located. The advertisement shall include: (1) A statement that the contents of the occupant's leased space shall be sold to satisfy the owner's lien. (2) The address of the self-service storage facility and the number or other description, if any, of the space where the personal property is located and the name of the occupant. (3) The time, place and manner of sale.”(73 Pa. Cons. Stat. § 1907(a) (Purdon, Westlaw)).

Rhode Island

R.I. Gen. Laws § 34-42-4 (West, Westlaw 2012).

“(3) If the owner is not able to obtain personal service on those persons entitled to notice or if the certified mail return receipt is not signed by the person to whom notice must be sent then the owner shall be required to give notice by publication once a week for three (3) successive weeks in a newspaper of general circulation in the city or town where the person to receive the notice was last known to reside. (4) When notice is by publication, the notice does not have to include an itemized statement of the claim but only a statement as to the amount of money due or the time of the final notice, nor is a general description of the personal property subject to the lien required. The demand for payment of the claim by a specified date shall set forth a date no less than thirty (30) days after the date of the published notice.” (R.I. Gen. Laws § 34-42-4(a)(3) (West, Westlaw 2012, prior to 2013 amendment).

South Carolina

S.C. Code Ann. § 39-20-45 (Westlaw). (Prior to amendment by 2014 South Carolina Laws Act 136 (H.B. 3563)(Westlaw 2014)).

“After the expiration of the fifty-day default period, the owner shall publish an advertisement of the public sale to the highest bidder once a week for two consecutive weeks in a newspaper of general circulation where the self-service storage facility is located. The advertisement shall include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the self-service storage facility and the number, if any, of the space where the personal property is located, and the name of the occupant; and the time, place, and manner of the public sale. The public sale to the highest bidder shall take place not sooner than fifteen days after the first publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement must be posted at least fifteen days before the date of the public sale and in not less than six conspicuous places in the neighborhood where the self-service storage facility is located.” (S.C. Code Ann. § 39-20-45) (Prior to amendment by 2014 South Carolina Laws Act 136 (H.B. 3563)(Westlaw 2014)).

South Dakota

S.D. Codified Laws § 44-14-3 (Westlaw).

“(4) After the expiration of the time given in the notice, an advertisement of the sale or other disposition shall be published once a week for two consecutive weeks in a newspaper of general circulation where the self-service storage facility is located. The advertisement shall include: (a) A brief and general description of the personal property reasonably adequate to permit its identification as provided for in subdivision (3) of this section; (b) The address of the self-service storage facility and the number, if any, of the space where the personal property is located and the name of the occupant; and (c) The time, place, and manner of the sale or other disposition. The sale or other disposition shall take place not sooner than fifteen days after the first publication; (5) If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least ten days before the date of the sale or other disposition in not less than six conspicuous places in the neighborhood where the self-service storage facility is located…”(S.D. Codified Laws § 44-14-3(4), (3) (Westlaw)).

Tennessee

Tenn. Code Ann. § 66-31-105 (West, Westlaw 2011).

“(G) After expiration of the time stated in the notice and if the personal property has not otherwise been disposed, the owner shall advertise the sale of the personal property. Such advertisement of sale shall include, but not be limited to, the publishing one (1) time before the date of the sale of the personal property in a newspaper of general circulation which serves the area where the self storage facility is located. The advertisement shall include: (i) A statement that the contents of the occupant's leased space shall be sold to satisfy the owner's lien; (ii) The address of the self-service storage facility and the number or other description, if any, of the space where the personal property is located and the name of the occupant; and (iii) The time, place, and manner of the sale…”(Tenn. Code Ann. § 66-31-105(G) (West, Westlaw 2011)).

Texas

Tex. Prop. Code § 59. 044 (Vernon, Westlaw).

“(a) The notice advertising the sale must contain: (1) a general description of the property; (2) a statement that the property is being sold to satisfy a landlord's lien; (3) the tenant's name; (4) the address of the self-service storage facility; and ( 5) the time, place, and terms of the sale. (b) The lessor must publish the notice once in each of two consecutive weeks in a newspaper of general circulation in the county in which the self-service storage facility is located. If there is not a newspaper of general circulation in the county, the lessor may instead post a copy of the notice at the self-service storage facility and at least five other conspicuous locations near the facility.”  (Tex. Prop. Code § 59. 044 (Vernon, Westlaw)).

Utah

Utah Code Ann. § 38-8-3 (West, Westlaw 2013).

“(6)(a) After the expiration of the time given in the notice, the owner shall publish an advertisement of the sale of the personal property subject to the lien once in a newspaper of general circulation in the county where the self-service storage facility is located.” (Utah Code Ann. § 38-8-3(6) (West, Westlaw 2013).

“(11)…if the sale is made in good faith and is conducted in a reasonable manner, the owner shall not be subject to any surcharge for a deficiency in the amount of a prior secured lien, but shall hold the balance, if any, for delivery to the occupant, lien holder, or other person in interest…” (Utah Code Ann. § 38-8-3(11) (West, Westlaw 2013)).

Vermont

Vt. Stat. Ann. tit. 9 § 3905 (West, Westlaw).

“(3) Advertisement. After the expiration of the time given in the second notice under subdivision (2) of this section, an advertisement of the sale shall be published once a week for two consecutive weeks in a newspaper of general circulation where the self-storage facility is located. The advertisement shall contain the following: (A) A brief and general description of the personal property as provided in subdivision (2)(B) of this section. (B) The address of the self-storage facility and the number, if any, of the space where the personal property is located and the name of the occupant. (C) The time, place, and manner of the sale. If there is no newspaper of general circulation where the self- storage facility is located, the advertisement shall be posted at least 15 days before the date of the sale at the town hall where the self-storage facility is located in such fashion as the auction sales of real property are posted.” (Vt. Stat. Ann. tit. 9 § 3905(3) (West, Westlaw)).

“(5)(D) Any sale of the personal property shall be performed in a commercially reasonable manner, meaning the owner sells the goods in the usual manner in any recognized market therefor, at the price current in such market at the time of the sale; or otherwise sold in conformity with commercially reasonable practices among dealers in the type of goods sold; however, the sale of more goods than apparently necessary to ensure satisfaction of the obligation is not commercially reasonable unless necessary due to the nature of the goods being sold or the manner in which they are customarily sold. The fact that a better price could have been obtained by sale at a different time or by a different method from that selected by the owner is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner.” (Vt. Stat. Ann. tit. 9 § 3905(5)(D) (West, Westlaw)).

Virginia

Va. Code Ann. § 55-419 (West, Westlaw).

“(F) Any public auction of the personal property shall be held at the self-service storage facility or at the nearest suitable place to where the personal property is held or storage. An advertisement shall be published in a newspaper of general circulation in the county, city or town in which the public auction is to be held at least once prior to the public auction. The advertisement must state (i) the fact that it is a public auction; (ii) the date, time and location of the public auction; and (iii) form of payment.”  (Va. Code Ann. § 55-419(F) (West, Westlaw)).

Washington

Wash. Rev. Code. Ann. § 9.150.080 (West, Westlaw).

“(2)(a) If the property has a value of three hundred dollars or more, the sale shall be conducted in a commercially reasonable manner, and, after applying the proceeds to costs of the sale and then to the amount of the lien, the owner shall retain any excess proceeds of the sale on the occupant's behalf. The occupant, or any other person having a court order or other judicial process against the property, may claim the excess proceeds, or a portion thereof sufficient to satisfy the particular claim, at any time within six months of the date of sale.” (Wash. Rev. Code. Ann. § 9.150.080(2)(a) (West, Westlaw)).

West Virginia

W. Va. Code Ann. § 38-14-5 (West, Westlaw).

“(f) Any public auction of the personal property shall be held at the self-service storage facility or at the nearest suitable place to where the personal property is held or stored. An advertisement shall be published in a newspaper of general circulation in the county or municipality in which the public auction is to be held not less than twenty days prior to the public auction. The advertisement must state the: (1) Fact that it is a public auction;(2) Date, time and location of the public auction; (3) Date, time and location which the property may be inspected; and (4) Form of payment acceptable.”(W. Va. Code Ann.§ 38-14-5(f)(West, Westlaw)).

“(B) The personal property contained in the occupant's space will be disposed of at a commercially reasonable cost to the occupant at a specified time and place which may not be less than sixty days from the date of the service…” (W. Va. Code Ann.§ 38-14-5(c)(4)(B)(West, Westlaw)).

Wisconsin

Wis. Stat. Ann. § 704.90 (West, Westlaw 2013).

“(6) Sale, advertisement of sale and proceeds of sale. (a) After the expiration of the time period given in the 2nd notice under sub. (5)(b)2.c., an operator may sell personal property that was stored in a lessee's leased space to satisfy the lien under sub. (3)(a) in the manner set forth in pars. (b) and (c) if all of the following conditions are met: 2. The operator has complied with the notice requirements under sub. (5)(b). 3. The lessee has failed to redeem the personal property under sub. (5)(a) within the time period specified in the notice under sub. (5)(b)2.c. 4. An advertisement of the sale is published once a week for 2 consecutive weeks in a newspaper of general circulation where the self-service storage facility or unit is located. 5. The advertisement under subd. 4 contains all of the following: a. A brief and general description of the personal property reasonably adequate to permit its identification, as provided in the notices under sub. (5)(b). b. The address of the self-service storage facility or of the operator of the self-service storage unit and the name of the lessee.” (Wis. Stat. Ann. § 704.90(6) (West, Westlaw 2013)).

“(6)(7). The sale conforms to the terms of the notices under sub. (5)(b) and to any of the following: a. The personal property is offered either as a single parcel or multiple parcels at a public sale attended by 3 or more bidders. b. The personal property has been offered to at least 3 persons who deal in the type of personal property offered for sale and is sold in a private transaction. c. The personal property is sold in another manner that is commercially reasonable.” (Wis. Stat. Ann. § 704.90(6)(7) (West, Westlaw 2013)).

Wyoming

Wyo. Stat. Ann. § 34.1-7-210(b)(vi)(West, Westlaw).

“(vi) After the expiration of the time given in the notification, an advertisement of the sale must be published once a week for two (2) weeks consecutively in a newspaper of general circulation where the sale is to be held. The advertisement must include a description of the goods, the name of the person on whose account they are being held, and the time and place of the sale. The sale must take place at least fifteen (15) days after the first publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must be posted at least ten (10) days before the sale in not less than six (6) conspicuous places in the neighborhood of the proposed sale.” (Wyo. Stat. Ann. § 34.1-7-210(b)(vi)(West, Westlaw)).

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