storage laws in kentucky not being followed.

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citizen

Campbellsville, KY

#1 Mar 26, 2011
History: Amended 2008 Ky. Acts ch. 3, sec. 3, effective July 15,2008 almost all of kentucky storage areas in the adair and surrounding ares not being followed.laws pertaining to this may be found under KRS Chapter 359.00
More Info

Morgantown, KY

#2 Mar 26, 2011
Please explain what you mean by this.
citizen

Campbellsville, KY

#3 Mar 26, 2011
(1)(a) If the occupant is in default for a period of more than forty-five (45) days, the operator may enforce a lien by selling the property stored in the leased space at a public sale, for cash.
(b) Proceeds shall then be applied to satisfy the lien, with any surplus disbursed as provided in subsection (5) of this section.
(2) Before conducting a sale under subsection (1) of this section, the operator shall:
(a) Notify the occupant of the default by regular mail at the occupant's last known address;
(b) Send a second notice of default by certified mail to the occupant at the occupant's last known address which includes:
1. A statement that the contents of the occupant's leased space are subject to the operator's lien;
2. A statement of the operator's claim, indicating the charges due on the date of the notice, the amount of any additional charges which shall become due before the date of sale, and the date those additional charges shall become due;
3. A demand for payment of the charges due within a specified time, not less than fourteen (14) days after the date of the notice;
4. A statement that unless the claim is paid within the time stated, the contents of the occupant's leased space shall be sold at a specified time and place; and
5. The name, street address, and telephone number of the operator, or his or her designated agent, whom the occupant may contact to respond to the notice; and
(c) At least three (3) days before the sale, advertise the time, place, and terms of the sale in a newspaper of general circulation in the jurisdiction where the sale is to be held.
citizen

Campbellsville, KY

#4 Mar 26, 2011
none of the storage facilities here in columbia abide by the laws and they are never offered for sale to the public
More Info

Morgantown, KY

#5 Mar 26, 2011
Thank you so much for the info. I had 2 storage units completely wiped out by one of the owners. When I realized what was going on I asked for a search warrant to show that atleast some of my stuff was still in the units. I was never granted one but told I had to file this in civil court. I explained that would be 2 late as all my stuff would be gone by then. I was also told that some paper signed at the time of rental released the owner of notification of removal of items. If there is any help you can provide in this matter, please do so. The items in the storage units can never be replaced. There were things I inherited from my deceased dad, my children's deceased dad and pictures of my children when they were little. Things like this can never be replaced. My son's class ring, yearbooks, national band champ ring, etc. were some of the other items. The storage business I am speaking of is D and K, owned by Danny Downey and Clarence Keltner.
citizen

Elizabethtown, KY

#6 Mar 27, 2011
(5) If a sale is held under this section, the operator shall:
(a) Satisfy the lien from the proceeds of the sale;
(b) Hold the balance, if any, for delivery to any other recorded lienholders who present claims within sixty (60) days. Notwithstanding Article 9 of KRS Chapter 355, claims shall be satisfied on a first come first served basis; and
(c) Deliver, upon expiration of sixty (60) days, the balance of any remaining proceeds to the occupant.
(6) A purchaser in good faith of any personal property sold under KRS 359.200 to 359.250 takes the property free and clear of any rights of:
(a) Persons against whom the lien was valid; and
(b) Other lienholders.
(7) If the operator complies with the provisions of KRS 359.200 to 359.250, the operator's liability:
(a) To the occupant shall be limited to the net proceeds received from the sale of the personal property;
(b) To other lienholders shall be limited to the net proceeds received from the sale of any personal property covered by that other lien; and
(c) To the occupant or valid lienholders shall be relieved upon full distribution of proceeds in accordance with the provisions of KRS 359.200 to 359.250.
(8) If an occupant is in default, the operator may deny the occupant access to the leased space.
(9)(a) Unless otherwise specifically provided, all notices required by KRS 359.200 to 359.250 shall be sent by certified mail.
(b) 1. Notices sent to the operator shall be sent to the operator's principal office, as listed on the rental agreement.
2. Notices to the occupant shall be sent to the occupant at the occupant's last known address.
(c) Notices shall be deemed delivered when deposited with the United States Postal Service, properly addressed as provided in paragraph (b) of this subsection, with postage paid.
(10) Provided, however, unless the rental agreement specifically provides otherwise and until a lien sale under KRS 359.200 to 359.250, the exclusive care, custody, and control of all personal property stored in the leased space shall remain vested in the occupant.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 3, sec. 4, effective July 15, 2008.-- Created 1988 Ky. Acts ch. 360, sec. 4, effective July 15, 1988.
Legislative Research Commission Note (9/20/96). A reference to "this Act" in subsection (7) of this statute was overlooked in the initial codification of this statute and has been changed to the range of statutes created by 1988 Ky. Acts ch. 360 under KRS 7.136(1)(f).you are suppose to be notified by certified mail that it is sold and you may be entitled to money that is over the storage lien other than auction and notification fees,all paperwork and personal photos are to be sent to the business that rented you the unit for you to pick up. www.selfstorages.com/lien_law/ky.htm
here ya go

Elizabethtown, KY

#7 Mar 27, 2011
More Info wrote:
Thank you so much for the info. I had 2 storage units completely wiped out by one of the owners. When I realized what was going on I asked for a search warrant to show that atleast some of my stuff was still in the units. I was never granted one but told I had to file this in civil court. I explained that would be 2 late as all my stuff would be gone by then. I was also told that some paper signed at the time of rental released the owner of notification of removal of items. If there is any help you can provide in this matter, please do so. The items in the storage units can never be replaced. There were things I inherited from my deceased dad, my children's deceased dad and pictures of my children when they were little. Things like this can never be replaced. My son's class ring, yearbooks, national band champ ring, etc. were some of the other items. The storage business I am speaking of is D and K, owned by Danny Downey and Clarence Keltner.
Sounds like you need to pay your bill then maybe you wouldnt get sold out, stop blaming others because you wont pay...boohoo
I agree

Elizabethtown, KY

#8 Mar 27, 2011
I agree that folks need to pay their storage locker bills.....BUT, the owners of the storage lockers ALSO should be required to follow the LAWS in place for this type of business. Hard economic times have stressed all of us. I hate to see anyone loose cherished family property because they are behind on locker fees. Send out notices and follow the laws...then if payment is not received auction the contents to the public. All laws should be followed IMO. Columbia Ky is still in the USA as far as I know.
citizen

Elizabethtown, KY

#9 Mar 27, 2011
thats what im saying,If a person has the misfortune of being able to pay there bill at the time they should be notified that the contents are gonna be sold and maybe the family members can at least get back there some of the precious momentos at auction for them.It is the law that any paperwork,tax documents and personal letters and photos be returned to the one who rented the storage space.i have personally contacted some of these storage facilities and have been told that they just keep what they want and trash the rest of it.
ridic

Elizabethtown, KY

#10 Mar 30, 2011
Why not complain to the AG and see if you can get an investigation started.
I agree

Campbellsville, KY

#11 Mar 30, 2011
The Attorney General may be interested in prosecuting, it wouldn't hurt to contact them and see.
citizen

Campbellsville, KY

#12 Mar 30, 2011
It is in the process now of being turned over to the better business bureau,and several storage facilities in green, russell,taylor,adair,and other ky counties are about to undergo investigation into this matter.my advise to the owners of these facilities is to go by the rules and regulations or suffer the fines and penaltys for them.
waters

Russell Springs, KY

#13 Mar 30, 2011
what they didnt want they probley sold it
citizen

Campbellsville, KY

#14 Mar 31, 2011
That is so true and so unfortunate that they are doing this and getting away with it.but thats what the better business bureau is for,there will probably be closing alot of these down when they get their investigation started.
ridic

Elizabethtown, KY

#15 Mar 31, 2011
What does the adair county attorney say about it?
She is the one who is supposed to protect the people from scams and crooks who prey on the citizens of the county.
Hmmm

Elizabethtown, KY

#16 Mar 31, 2011
wonder where the infamous Paul Turner feels abt this? He might be facing some trouble if people push this far enough. Well there goes his political career, wait it is already been a bust.
ridic

Elizabethtown, KY

#17 Mar 31, 2011
If the people have a complaint about the storage buildings they should start with the county attorney. She is supposed to protect your rights. You voted for her to protect you.
citizen

Elizabethtown, KY

#18 Apr 7, 2011
I have not been to the county atty as i have not had any in storage but a few of my friends have and it is a shame that these people are been treated unfairly and they are afraid to go up against the downeys,barnes,pyles and many more because they know how the laws go around here as far as they are concerned.
justice for all

Columbia, KY

#19 Apr 15, 2011
citizen wrote:
I have not been to the county atty as i have not had any in storage but a few of my friends have and it is a shame that these people are been treated unfairly and they are afraid to go up against the downeys,barnes,pyles and many more because they know how the laws go around here as far as they are concerned.
Then seems to me if they would keep thier bill paid that would solve the problem for everyone,right?
flea market

Glasgow, KY

#20 Apr 16, 2011
people let me know before u get behind and ill buy the units for a fair price.. just get on here and tell me and where and when to meet you thank you

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