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10/25/2016

Procedure

Pitt Mini Storage - Rod Holloman

I would like to know exactly how many days I have to give a customer to pay on their storage unit before auctioning their unit

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5 Comments

Kevin Leebrick on Thursday 10/27/2016 at 08:56AM wrote:

You can look up the state statue for more clearification, but at 15 days past due you can send a lien letter and 21 days past due (36 total) you can sell.

Barbara Hancock on Thursday 10/27/2016 at 03:11PM wrote:

Yes at 15 days past due a lien letter must be sent. Then you must allow a 10 day period for the tenant to request a judicial hearing to determine validity of the debt. This rarely happens. But after the 10 day period after sending the lien letter you must then wait 20 days before having the auction.

Suzy Murphy on Thursday 10/27/2016 at 04:02PM wrote:

Both these answers are different than what is in the NC Self Storage Lien Law annotated book. According to my understanding of the book, there are several steps that must be taken prior to auctioning the unit on day 70

Kevin Leebrick on Thursday 10/27/2016 at 04:42PM wrote:

If the rent and other charges for which the lien is claimed under this Article remain unpaid or
unsatisfied for 15 days following the maturity of the obligation to pay rent, the owner may enforce the
lien by a public sale or other disposition of the property as provided in this section. The owner may
bring an action to collect rent and other charges in any court of competent jurisdiction at any time
following the maturity of the obligation to pay the rent.

The person with a security or other interest in the property or the occupant must, within 10 days from
the date of the mailing of the notice from the lienor, notify the lienor of his desire for a hearing, and
state whether or not he wishes to contest the sale of the property pursuant to the lien.


Public Sale.
(1) Not less than 20 days prior to sale by public sale the lienor:
a. Shall cause notice to be delivered by certified mail to the person having a security
interest in the property if reasonably ascertainable, and to the occupant at the
occupant's last known address by certified mail or by verified electronic mail if the
occupant has made an election in the rental agreement to receive notice by electronic
mail. Notice given by certified mail pursuant to this subdivision shall be presumed
delivered when it is properly addressed, first-class postage prepaid, and deposited with
the United States Postal Service. Notice given by verified electronic mail pursuant to
this subdivision shall be presumed delivered when it is transmitted.
b. Repealed by Session Laws 2009-201, s. 1, effective October 1, 2009.
(1a) Not less than five days prior to sale by public sale, the lienor shall publish notice of sale
either (i) in a newspaper of general circulation in the county where the sale is to be held or
(ii) in 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 and the sale is otherwise consistent with the definition set out in
G.S.25-9-627

The above is directly from the State Statues

15 days late and not less then 20 days before auction the 10 days can run congruent to the not less then 20 days.

Kevin Leebrick on Thursday 10/27/2016 at 04:46PM wrote:

I'm not positive but the 70 days sounds like the SC lien Laws

Disclaimer: The opinions expressed in the comments shown above are those of the individual comment authors and do not reflect the opinions of this organization.