Section 35-33-05 - Notice of proceedingsBefore 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 it is deposited with the United States postal service or a private delivery service and properly addressed with postage prepaid. A notice under this section sent by electronic mail is deemed delivered if it is sent to the occupant's last-known electronic mail address. The notice must include: a. A statement that the contents of the occupant's storage space are subject to the owner's lien and that the occupant is denied access to the property until the owner's claim is satisfied;b. The address of the self-service storage facility, the number of the space where the personal property is located, and the name of the occupant;c. A statement of the charges due, the date of default, and a demand for payment of the charges due within a specified time, not less than ten days after the date of notice;d. A statement in bold type providing that, unless the claim is paid within the time stated, the contents of the occupant's storage space will be sold; and e. The name, address, and telephone number of the owner or a designated agent whom the occupant may contact to respond to the notice.2. At least seven days before the sale, advertise the time, place, and terms of the sale in a commercially reasonable manner. An advertisement satisfies the requirements of this subsection if at least three independent bidders attend the sale in person or online at the time and place advertised.Amended by S.L. 2021, ch. 267 (SB 2330),§ 5, eff. 8/1/2021.