Revises requirements for the advertising of a sale of personal property to satisfy the lien of an owner of a facility for storage. (BDR 9-183)

- 83rd Session (2025)
Assembly Bill No. 137–Assemblymembers
Torres-Fossett; and Hansen

CHAPTER..........

AN ACT relating to liens; revising certain requirements for the
advertising of a sale of personal property to satisfy the lien of
an owner of a facility for storage; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides, in general, that if the occupant of a storage space at a
facility for storage defaults on the payment of rent or other charges that are due to
the owner of the facility pursuant to a rental agreement, the owner has a lien on the
personal property of the occupant contained in the storage space. (NRS 108.4753)
Existing law authorizes an owner to sell certain personal property of the occupant
to satisfy the lien after the owner has provided certain notices to the occupant.
(NRS 108.476, 108.4763, 108.477) Existing law: (1) requires the owner to
advertise a sale to satisfy a lien once a week for 2 consecutive weeks immediately
preceding the date of the sale in a n ewspaper of general circulation in the judicial
district where the sale is to be held; and (2) sets forth the requirements for the
contents of such an advertisement. If there is no newspaper of general circulation in
the judicial district where the sale is to be held, existing law require s the
advertisement to be posted 10 days before the sale in at least six conspicuous places
near the place of the sale . (NRS 108.477) This bill revises those requirements
concerning the advertising of sales of personal prop erty to satisfy the lien of an
owner of a facility for storage to instead require an owner to advertise the sale in a
newspaper of general circulation at least one time in the week immediately
preceding the date of the sale . If there is no newspaper of general circulation in the
judicial district where the sale is to be held, this bill authorizes an owner, as an
alternative to posting the advertisement in at least six conspicuous places near the
place of the sale, to post the advertisement on an Internet website which is publicly
accessible 10 days before the sale. This bill also revises the required contents of an
advertisement for such a sale to eliminate the requirement that the advertisement
contain a general description of the personal property to be sold.

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 108.477 is hereby amended to read as follows:
108.477 1. If the declaration in opposition to the lien sale
executed by the occupant is not rece ived by the date of the sale
specified in the notice mailed to the occupant, the owner may sell
the property.
2. The owner shall , at least one time in the week immediately
preceding the date of the sale, advertise the sale [once a week for 2
consecutive weeks immediately preceding the date of the sale ] in a

– 2 –

- 83rd Session (2025)
newspaper of general circulation in the judicial district where the
sale is to be held.
3. The advertisement required pursuant to subsection 2 must
contain:
(a) [A general description of the personal property to be sold;
(b)] The name of the occupant;
[(c)] (b) The number of the individual storage space at the
facility where the personal property was stored; and
[(d)] (c) The name and address of the facility.
[3.] 4. If there is no newspaper of general circulation in the
judicial district where the sale is to be held , the advertisement must
be posted 10 days before the sale [in] :
(a) In at least six conspicuous places near the place of the sale [.
4.] ; or
(b) On an Internet website which is publicly accessible.
5. The sale must be conducted in a commercially reasonable
manner.
[5.] 6. After deducting the amount of the lien and the costs of
the sale, the owner shall retain any excess proceeds from the s ale on
the behalf of the occupant.
[6.] 7. The occupant or any person authorized by the occupant
or by an order of the court may claim the excess proceeds or the
portion of the proceeds necessary to satisfy the person’s claim at any
time within 1 year af ter the date of the sale. After 1 year, the owner
shall pay any proceeds remaining from the sale to the treasurer of
the county where the sale was held for deposit in the general fund of
the county.

20 ~~~~~ 25