Title 35 — Liens
37 chapters · 263 sections in this title.
N.D.C.C. § 35-33-01 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Default" means failure of the occupant to perform any obligation or duty at the time and in the manner set forth in the rental agreement or under this chapter. 2. "Last-known address" means the postal or electron…
N.D.C.C. § 35-33-02 Lien against property - Value limit - Late fee
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1. The owner of a self-service storage facility has a lien on all personal property stored under a rental agreement in a storage space at the self-service storage facility for rent, labor, late fees, and other charges, and for expenses reasonably incurred in the sale or other dis…
N.D.C.C. § 35-33-03 Denial of access - Disposal of property
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If the occupant is in default, the owner may deny the occupant access to the storage space and enforce the lien by selling the property stored in the storage space. Sale of the property may be by public or private proceeding and may also be as a unit or in parcels. After the proc…
N.D.C.C. § 35-33-04 Custody and control of property
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Unless the rental agreement provides otherwise, until a sale under this chapter, the occupant is responsible for the care, custody, and control of all property stored in the storage space, unless the owner secures the property elsewhere during the sale proceedings.
N.D.C.C. § 35-33-05 Notice of proceedings
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Before conducting a sale, the owner shall: 1. Deliver in person or send by verified mail or electronic mail a notice of default to prior lienholders and to the occupant at the occupant's last-known address. A notice under this section sent by verified mail is deemed delivered if …
N.D.C.C. § 35-33-06 Sale of property - Application of proceeds
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At any time before the sale, the occupant may pay the amount necessary to satisfy the lien and redeem the occupant's property. If a sale is held, the owner shall satisfy the lien from the proceeds of the sale and hold the balance, if any, for delivery on demand to the occupant or…
N.D.C.C. § 35-33-07 Protection of purchaser in good faith
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A purchaser in good faith of any property sold under this chapter takes the property clear of any rights of persons against whom the lien was valid.
N.D.C.C. § 35-33-08 Liability of owner
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If the owner complies with this chapter, the owner's liability to the occupant is limited to the application of the proceeds received from the sale of the property necessary to satisfy the lien. The owner's liability to other lienholders is limited to the proceeds received from t…
N.D.C.C. § 35-33-09 Validity of certain rental agreements
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Any rental agreement entered before August 1, 2021, remains valid and may be enforced or terminated in accordance with its terms or as permitted by any other law of this state.
N.D.C.C. § 35-33-10 Sale proceedings - Titled vehicles - Towing
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1. The sale proceedings in this chapter are sufficient to provide the instruments or documents of authority necessary to obtain a transfer of title to vehicles under section 39-05-19. 2. If the personal property subject to a lien under section 35-33-02 is a motor vehicle, watercr…
N.D.C.C. § 35-33-11 Owner rights - Chapter construction
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This chapter may not be construed as impairing or affecting the right of an owner and an occupant to create additional rights, duties, or obligations under a rental agreement. In addition to the rights and remedies under this chapter, an owner has the same rights and remedies ava…