A.B. 137
- *AB137*
ASSEMBLY BILL NO. 137–ASSEMBLYMEMBER TORRES-FOSSETT
PREFILED JANUARY 28, 2025
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Referred to Committee on Judiciary
SUMMARY—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)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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 1
facility for storage defaults on the payment of rent or other charges that are due to 2
the owner of the facility pursuant to a rental agreement, the owner has a lien on the 3
personal property of the occupant contained in the storage space. (NRS 108.4753) 4
Existing law authorizes an owner to sell certain personal property of the occupant 5
to satisfy the lien after the owner has provided certain notices to the occupant. 6
(NRS 108.476, 108.4763, 108.477) Existing law: (1) requires the owner to 7
advertise a sale to satisfy a lien once a week for 2 consecutive weeks immediately 8
preceding the date of the sale in a newspaper of general circulation in the judicial 9
district where the sale is to be held; and (2) sets forth the requirements for the 10
contents of such an advertisement. (NRS 108.477) This bill instead requires that the 11
advertisement appear in a newspaper of general circulation in the county, rather 12
than the judicial district, where the sale is to be held. This bill also authorizes an 13
owner, in lieu of advertising in a newspaper of general circulation, to advertise the 14
sale for a period of 10 consecutive days immediately preceding the date of the sale 15
on an Internet website which is publicly accessible and which customarily 16
advertises or conducts sales of property. This bill also revises the required contents 17
of an advertisement for such a sale to eliminate the requirement that the 18
advertisement contain a general description of the personal property to be sold. 19
– 2 –
- *AB137*
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: 1
108.477 1. If the declaration in opposition to the lien sale 2
executed by the occupant is not received by the date of the sale 3
specified in the notice mailed to the occupant, the owner may sell 4
the property. 5
2. The owner shall advertise the sale [once] : 6
(a) Once a week for 2 consecutive weeks immediately preceding 7
the date of the sale in a newspaper of general circulation in the 8
[judicial district] county where the sale is to be held [.] ; or 9
(b) For a period of 10 consecutive days immediately preceding 10
the date of the sale on an Internet website which is publicly 11
accessible and which customarily advertises or conducts sales of 12
property. 13
3. The advertisement required pursuant to subsection 2 must 14
contain: 15
(a) [A general description of the personal property to be sold; 16
(b)] The name of the occupant; 17
[(c)] (b) The number of the individual storage space at the 18
facility where the personal property was stored; and 19
[(d)] (c) The name and address of the facility. 20
[3.] 4. If there is no newspaper of general circulation in the 21
[judicial district] county where the sale is to be held [,] and the 22
owner does not advertise the sale in the manner specified in 23
paragraph (b) of subsection 2, the advertisement must be posted 10 24
days before the sale in at least six conspicuous places near the place 25
of the sale. 26
[4.] 5. The sale must be conducted in a commercially 27
reasonable manner. 28
[5.] 6. After deducting the amount of the lien and the costs of 29
the sale, the owner shall retain any excess proceeds from the sale on 30
the behalf of the occupant. 31
[6.] 7. The occupant or any person authorized by the occupant 32
or by an order of the court may claim the excess proceeds or the 33
portion of the proceeds necessary to satisfy the person’s claim at any 34
time within 1 year after the date of the sale. After 1 year, the owner 35
shall pay any proceeds remaining from the sale to the treasurer of 36
the county where the sale was held for deposit in the general fund of 37
the county. 38
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