55-2308. LESSEE IN DEFAULT — VEHICLE OR TRAILER REMOVAL. (1) If a lessee is in default of the rental agreement for sixty (60) days or more and the personal property stored in the leased space is a vehicle or trailer, the operator may have the vehicle or trailer towed from the self-service storage facility by an independent towing company. Prior to having the vehicle or trailer towed, the operator shall send notice to the lessee as provided for in the rental agreement or by certified mail to the last known address stating:
(a) A demand for payment within a time specified, no less than ten (10) days after sending of the notice;
(b) That unless the claim is paid within the time stated in the notice, the vehicle or trailer may be towed; and
(c) The name, address, and telephone number of the towing company.
(2) The operator shall send a copy of the notice by United States mail with certificate of mailing to any lienholder of the vehicle or trailer that is listed in the rental agreement, no less than ten (10) days prior to having the vehicle or trailer towed.
(3) The operator has no liability to any person regarding the vehicle or trailer once the towing company takes possession of the vehicle or trailer.
(4) Should the operator choose to proceed with a lien sale of a vehicle, the operator must comply with the provisions of chapter 17, title 49, Idaho Code. The towing company that tows the vehicle must comply with the provisions of either chapter 17 or 18, title 49, Idaho Code, as applicable, prior to conducting a sale of the vehicle.
History:
[55-2308, added 2020, ch. 144, sec. 5, p. 446.]