704.90(5)(b)
(b) An operator may not sell personal property under
sub. (6) unless the operator first delivers the following 2 notices:
704.90(5)(b)1.
1. A first notice sent by regular mail to the last-known address of the lessee and the person, if any, specified in the rental agreement under
sub. (2m) containing all of the following:
704.90(5)(b)1.a.
a. Notification that the lessee is in default or has failed to pay rent for the storage of personal property abandoned after the termination of the rental agreement or both.
704.90(5)(b)1.b.
b. A brief and general description of the personal property subject to the lien that is reasonably adequate to permit the lessee to identify it, except that any container including, but not limited to, a trunk, valise or box that is locked, fastened, sealed or tied in a manner which deters immediate access to its contents may be described as such without describing its contents.
704.90(5)(b)1.c.
c. A notice of denial of access to the personal property if such denial is permitted under the terms of the rental agreement or under
sub. (4r).
704.90(5)(b)1.d.
d. The name, street address and telephone number of the operator whom the lessee may contact to redeem the personal property by paying the rent and other charges due.
704.90(5)(b)2.
2. A 2nd notice sent by certified mail to the last-known address of the lessee containing all of the following:
704.90(5)(b)2.a.
a. A statement that the operator has a lien on personal property stored in a leased space.
704.90(5)(b)2.ag.
ag. A brief and general description of the personal property subject to the lien that is reasonably adequate to permit the lessee to identify it, except that any container including, but not limited to, a trunk, valise or box that is locked, fastened, sealed or tied in a manner which deters immediate access to its contents may be described as such without describing its contents.
704.90(5)(b)2.am.
am. A notice of denial of access to the personal property if such denial is permitted under the terms of the rental agreement or under
sub. (4r).
704.90(5)(b)2.b.
b. An itemized statement of the operator's claim for rent and other charges due as of the date of the notice and of additional rent and other charges that will become due prior to sale and the dates when they will become due.
704.90(5)(b)2.c.
c. A demand for payment of the rent and other charges due within a time period not sooner than 14 days after the date of the notice.
704.90(5)(b)2.d.
d. A statement that unless the rent and other charges are paid within the time period under
subd. 2. c., the personal property will be sold, a specification of the date, time and place of sale and a statement that if the property is sold the operator shall apply the proceeds of the sale first to satisfy the lien and shall report and deliver any balance to the state treasurer as provided under
ch. 177.
704.90(5)(b)2.e.
e. The name, street address and telephone number of the operator whom the lessee may contact to redeem the personal property by paying the rent and other charges due.
704.90(6)
(6) Sale, notice of sale and proceeds of sale. 704.90(6)(a)(a) After the expiration of the time period given in the 2nd notice under
sub. (5) (b) 2. c., an operator may sell personal property that was stored in a lessee's leased space to satisfy the lien under
sub. (3) (a) in the manner set forth in
pars. (b) and
(c) if all of the following conditions are met:
704.90(6)(a)4.
4. An advertisement of the sale is published once a week for 2 consecutive weeks in a newspaper of general circulation where the self-service storage facility is located.
704.90(6)(a)5.
5. The advertisement under
subd. 4. contains all of the following:
704.90(6)(a)5.a.
a. A brief and general description of the personal property reasonably adequate to permit its identification, as provided in the notices under
sub. (5) (b).
704.90(6)(a)5.b.
b. The address of the self-service storage facility, the number, if any, of the space where the personal property is located and the name of the lessee.
704.90(6)(a)6.
6. The sale takes place not sooner than 15 days after the first publication under
subd. 4.
704.90(6)(a)7.
7. The sale is conducted in a commercially reasonable manner and conforms to the terms of the notices under
sub. (5) (b).
704.90(6)(a)8.
8. The sale is held at the self-service storage facility or at the nearest suitable place to the place where the personal property is stored.
704.90(6)(b)
(b) The operator shall apply the proceeds of the sale first to satisfy the lien under
sub. (3) (a). The operator shall report and deliver any balance to the state treasurer as provided under
ch. 177.
704.90(6)(c)
(c) A purchaser in good faith of personal property sold takes the personal property free and clear of any rights of any person against whom the lien under
sub. (3) (a) was valid and any rights of any other lienholder, regardless of any noncompliance with the requirements of this section by any person.
704.90(7)
(7) Notice; presumption of delivery. Notice by mailing under
sub. (5) (b) is presumed delivered if deposited with the U.S. postal service, properly addressed to the last-known address of the lessee or person specified in the rental agreement under
sub. (2m) with postage prepaid.
704.90(8)
(8) Supplemental nature of section. This section does not impair or affect in any way the right of parties to create liens by special contract or agreement, nor does it impair or affect any lien not arising under this section, whether the other lien is statutory or of any other nature.
704.90(9)
(9) Rules. The department of agriculture, trade and consumer protection may promulgate rules necessary to carry out the purposes of this section.
704.90(10)(a)(a) Except as provided in
par. (b), any person who violates this section or any rule promulgated under this section may be required to forfeit not more than $1,000 for the first offense and may be required to forfeit not more than $3,000 for the 2nd or any later offense within a year. Each day of continued violation constitutes a separate offense. The period shall be measured by using the dates of the offenses which resulted in convictions.
704.90(10)(b)
(b) Paragraph (a) does not apply to a lessee who violates
sub. (4g) or
(4r) (b) because he or she defaults or fails to pay rent for the storage of personal property abandoned after the termination of the rental agreement.
704.90(10)(c)
(c) Forfeitures under
par. (a) shall be enforced by action on behalf of the state by the department of justice or by the district attorney of the county where the violation occurs.
704.90(11)
(11) Duties of the department of agriculture, trade and consumer protection. 704.90(11)(a)(a) Except as provided in
par. (c), the department of agriculture, trade and consumer protection shall investigate alleged violations of this section and rules promulgated under
sub. (9). To facilitate its investigations, the department may subpoena persons and records and may enforce compliance with the subpoenas as provided in
s. 885.12.
704.90(11)(b)
(b) Except as provided in
par. (a), the department may, on behalf of the state, bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this section or any rule promulgated under
sub. (9).
704.90(11)(c)
(c) This subsection does not apply to a lessee who violates
sub. (4g) or
(4r) (b) because he or she defaults or fails to pay rent for the storage of personal property abandoned after the termination of the rental agreement.
704.90(12)
(12) Right to action for violation. In addition to the remedies otherwise provided by law, any person injured by a violation of this section or any rule promulgated under
sub. (9) may bring a civil action to recover damages together with costs, disbursements and reasonable attorney fees, notwithstanding
s. 814.04 (1), and any equitable relief as may be determined by the court.
