If a notice has been sent, as
required by RCW 19.150.040, and the total sum due has not been
paid as of the date specified in the preliminary lien notice, the
lien proposed by this notice attaches as of that date and the
owner may deny an occupant access to the space, enter the space,
inventory the goods therein, and remove any property found
therein to a place of safe keeping. The owner shall then serve
by personal service or send to the occupant, addressed to the
occupant's last known address and to the alternative address
specified in RCW 19.150.120(2) by certified mail, postage
prepaid, a notice of final lien sale or final notice of
disposition which shall state all of the following:
(1) That the occupant's right to use the storage space has
terminated and that the occupant no longer has access to the
stored property.
(2) That the stored property is subject to a lien, and the
amount of the lien accrued and to accrue prior to the date
required to be specified in subsection (3) of this section.
(3) That all the property, other than personal papers and
personal photographs, may be sold to satisfy the lien after a
specified date which is not less than fourteen days from the date
of mailing the final lien sale notice, or a minimum of forty-two
days after the date when any part of the rent or other charges
due from the occupants remain unpaid, whichever is later, unless
the amount of the lien is paid. The owner is not required to
sell the personal property within a maximum number of days of
when the rent or other charges first became due. If the total
value of property in the storage space is less than three hundred
dollars, the owner may, instead of sale, dispose of the property
in any reasonable manner, subject to the restrictions of RCW 19.150.080(4). After the sale or other disposition pursuant to
this section has been completed, the owner shall provide an
accounting of the disposition of the proceeds of the sale or
other disposition to the occupant at the occupant's last known
address and at the alternative address.
(4) That any excess proceeds of the sale or other
disposition under RCW 19.150.080(2) over the lien amount and
reasonable costs of sale will be retained by the owner and may be
reclaimed by the occupant, or claimed by another person, at any
time for a period of six months from the sale and that thereafter
the proceeds will be turned over to the state as abandoned
property as provided in RCW 63.29.165.
(5) That any personal papers and personal photographs will
be retained by the owner and may be reclaimed by the occupant at
any time for a period of six months from the sale or other
disposition of property and that thereafter the owner may dispose
of the personal papers and photographs in a reasonable manner,
subject to the restrictions of RCW 19.150.080(3).
(6) That the occupant has no right to repurchase any
property sold at the lien sale.
[2007 c 113 § 3; 1996 c 220 § 1; 1993 c 498 § 5; 1988 c 240 § 7.]
NOTES:
Application -- 1996 c 220: "This act shall only apply to rental agreements entered into, extended, or renewed after June 6, 1996. Rental agreements entered into before June 6, 1996, which provide for monthly rental payments but providing no specific termination date shall be subject to this act on the first monthly rental payment date next succeeding June 6, 1996." [1996 c 220 § 4.]