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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3469

Introduced 2/5/2026, by Sen. Robert F. Martwick

SYNOPSIS AS INTRODUCED:

770 ILCS 95/4

from Ch. 114, par. 804

Amends the Self-Service Storage Facility Act. Provides that after the
expiration of the time given in the notice, an advertisement of the sale or
other disposition must be published once a week for two consecutive weeks
in a newspaper of general circulation where the self-service storage
facility is located, or once in a newspaper of general circulation where
the self-service storage facility is located and once on a publicly
accessible online website that regularly advertises or conducts personal
property auctions or sales.
LRB104 18218 JRC 31657 b

A BILL FOR

SB3469
LRB104 18218 JRC 31657 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Self-Service Storage Facility Act is
5
amended by changing Section 4 as follows:

6

(770 ILCS 95/4)

(from Ch. 114, par. 804)
7

Sec. 4.
Enforcement of lien.
An owner's lien as provided
8
for in Section 3 of this Act for a claim which has become due
9
may be satisfied as follows:
10

(A) The occupant shall be notified.
11

(B) The notice shall be delivered:
12

(1) in person; or
13

(2) by verified mail or by electronic mail to the last
14

known address of the occupant.
15

(C) The notice shall include:
16

(1) An itemized statement of the owner's claim showing
17

the sum due at the time of the notice and the date when the
18

sum became due;
19

(2) The name of the facility, address, telephone
20

number, date, time, location, and manner of the lien sale,
21

including the website where the online bidding may take
22

place, if applicable, and the occupant's name and unit
23

number;

SB3469
- 2 -
LRB104 18218 JRC 31657 b
1

(3) A notice of denial of access to the personal
2

property, if such denial is permitted under the terms of
3

the rental agreement, which provides the name, street
4

address, and telephone number of the owner, or his
5

designated agent, whom the occupant may contact to respond
6

to this notice;
7

(3.5) Except as otherwise provided by a rental
8

agreement and until a lien sale, the exclusive care,
9

custody, and control of all personal property stored in
10

the leased self-service storage space remains vested in
11

the occupant. No bailment or higher level of liability is
12

created if the owner over-locks the occupant's lock,
13

thereby denying the occupant access to the storage space.
14

Rent and other charges related to the lien continue to
15

accrue during the period of time when access is denied
16

because of non-payment;
17

(4) A demand for payment within a specified time not
18

less than 14 days after delivery of the notice;
19

(5) A conspicuous statement that unless the claim is
20

paid within the time stated in the notice, the personal
21

property will be advertised for sale or other disposition,
22

and will be sold or otherwise disposed of at a specified
23

time and place.
24

(D) Any notice made pursuant to this Section shall be
25
presumed delivered when it is deposited with the United States
26
Postal Service, and properly addressed with postage prepaid or

SB3469
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LRB104 18218 JRC 31657 b
1
sent by electronic mail and the owner receives a receipt of
2
delivery to the occupant's last known address, except if the
3
owner does not receive a receipt of delivery for the notice
4
sent by electronic mail, the notice is presumed delivered when
5
it is sent to the occupant by verified mail to the occupant's
6
last known mailing address.
7

(E) After the expiration of the time given in the notice,
8
an advertisement of the sale or other disposition shall be
9
published once a week for two consecutive weeks in a newspaper
10
of general circulation where the self-service storage facility
11
is located
, or once in a newspaper of general circulation
12
where the self-service storage facility is located and once on
13
a publicly accessible online website that regularly advertises
14
or conducts personal property auctions or sales
. The
15
advertisement shall include:
16

(1) The name of the facility, address, telephone
17

number, date, time, location, and manner of lien sale and
18

the occupant's name and unit number.
19

(2) (Blank).
20

(3) The sale or other disposition shall take place not
21

sooner than 15 days after the first publication. If there
22

is no newspaper of general circulation where the
23

self-service storage facility is located, the
24

advertisement shall be posted at least 10 days before the
25

date of the sale or other disposition in not less than 6
26

conspicuous places in the neighborhood where the

SB3469
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LRB104 18218 JRC 31657 b
1

self-service storage facility is located.
2

(F) Any sale or other disposition of the personal property
3
shall conform to the terms of the notification as provided for
4
in this Section.
5

(G) Any sale or other disposition of the personal property
6
shall be held at the self-service storage facility, or at the
7
nearest suitable place to where the personal property is held
8
or stored. A sale under this Section shall be deemed to be held
9
at the self-service storage facility where the personal
10
property is stored if the sale is held on a publicly accessible
11
online website.
12

(G-5) If the property upon which the lien is claimed is a
13
motor vehicle, trailer, or watercraft and rent or other
14
charges related to the property remain unpaid or unsatisfied
15
for 60 days or the occupant is in default of the rental
16
agreement for 60 days, the owner may have the property towed
17
from the self-service storage facility. If a motor vehicle,
18
trailer, or watercraft is towed, the owner shall not be liable
19
for any damage to the motor vehicle, trailer, or watercraft,
20
once the tower takes possession of the property. After the
21
motor vehicle, trailer, or watercraft is towed, the owner may
22
pursue other collection options against the delinquent
23
occupant for any outstanding debt. If the owner chooses to
24
sell a motor vehicle, aircraft, mobile home, moped,
25
motorcycle, snowmobile, trailer, or watercraft, the owner
26
shall contact the Secretary of State and any other

SB3469
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LRB104 18218 JRC 31657 b
1
governmental agency as reasonably necessary to determine the
2
name and address of the title holder or lienholder of the item,
3
and the owner shall notify every identified title holder or
4
lienholder of the time and place of the proposed sale. The
5
owner is required to notify the holder of a security interest
6
only if the security interest is filed under the name of the
7
person signing the rental agreement or an occupant. An owner
8
who fails to make the lien searches required by this Section is
9
liable only to valid lienholders injured by that failure as
10
provided in Section 3.
11

(H) Before any sale or other disposition of personal
12
property pursuant to this Section, the occupant may pay the
13
amount necessary to satisfy the lien, and the reasonable
14
expenses incurred under this Section, and thereby redeem the
15
personal property. Upon receipt of such payment, the owner
16
shall return the personal property, and thereafter the owner
17
shall have no liability to any person with respect to such
18
personal property.
19

(I) A purchaser in good faith of the personal property
20
sold to satisfy a lien, as provided for in Section 3 of this
21
Act, takes the property free of any rights of persons against
22
whom the lien was valid, despite noncompliance by the owner
23
with the requirements of this Section.
24

(J) In the event of a sale under this Section, the owner
25
may satisfy his lien from the proceeds of the sale, but shall
26
hold the balance, if any, for delivery on demand to the

SB3469
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LRB104 18218 JRC 31657 b
1
occupant. If the occupant does not claim the balance of the
2
proceeds within one year of the date of sale, it shall become
3
the property of the owner without further recourse by the
4
occupant.
5

(K) The lien on any personal property created by this Act
6
shall be terminated as to any such personal property which is
7
sold or otherwise disposed of pursuant to this Act and any such
8
personal property which is removed from the self-service
9
storage facility.
10

(L) If 3 or more bidders who are unrelated to the owner are
11
in attendance at a sale held under this Section, the sale and
12
its proceeds are deemed to be commercially reasonable.
13
(Source: P.A. 103-1003, eff. 1-1-25; 104-139, eff. 1-1-26
.)

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