HAWAII
[PART III. SELF-SERVICE STORAGE FACILITIES]
[§507-61] Definitions.
Whenever used in this part, unless the context otherwise requires:
“Last known address” means the address provided by the occupant in the latest rental agreement, or the
address provided by the occupant in a subsequent written notice of a change of address.
“Occupant” means a person, or the person’s sublessee, successor, or assign, or who is entitled to the use of
designated or individual storage space at a self-service storage facility under a rental agreement, to the
exclusion of others.
“Owner” means the owner, operator, lessor, or sublessor of a self-service storage facility, an agent
thereof, or any other person authorized to manage the facility, or to receive rent from an occupant under a
rental agreement, and no real estate license is required.
“Personal property” means movable property not affixed to land, and includes, but is not limited to,
goods, merchandise, furniture, household items, motor vehicles, and boats.
“Rental agreement” means any written agreement or lease which establishes or modifies the terms,
conditions, rules, or any other provision concerning the use and occupancy of a self- service storage
facility.
“Self-service storage facility” means any real property designed and used for the purpose of renting or
leasing designated or individual storage space to occupants who are to have access to the space for the
purpose of storing and removing personal property, but does not include a garage or other storage area in
a private residence. No occupant shall use a self- service storage facility for residential purposes. A selfservice
storage facility is not a warehouse, nor a public utility. If an owner issues any warehouse receipt,
bill of lading, or other document of title for the personal property stored, the owner and the occupant are
subject to chapter 490, and this part does not apply. [L 1984, c 239, pt of §1]
[§507-62] Owner’s lien.
The owner of a self-service storage facility and the owner’s heirs, executors, administrators, successors,
and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor,
or other charges, present or future, incurred pursuant to the rental agreement, and for expenses necessary
for the preservation, sale, or disposition of personal property subject to the provisions of this part. The
lien may be enforced consistent with this part. However, any lien on a motor vehicle or boat which has
attached and is set forth in the documents of title to the motor vehicle or boat shall have priority over any
lien created pursuant to this part. [L 1984, c239, pt of §1]
[§507-63] Rent due; notice of default and lien.
When any part of the rent or other charges due from an occupant remain unpaid for fifteen consecutive
days, an owner may deny the right of access to the occupant to the storage space at a self-service storage
facility; provided that notice is sent to the occupant’s last known address, postage prepaid, containing all
of the following:
(1) A statement of the owner’s claim showing the sums due at the time of the notice and the date
when the sums became due.
(2) A statement that the occupant is in default of the rental agreement.
(3) A statement that the occupant’s right to use the storage space will be denied unless and until
a sums due are paid by the occupant.
(4) A notice that the occupant has been denied access to the storage space and that an owner’s
lien, as provided for in section 507-62, may be imposed if all sums due are not paid within
fifteen days of the notice.
(5) The name, street address, and telephone number of the owner, or a designated agent, whom
the occupant may contact to respond to the notice. [L 1984, c 239, pt of §1]
[§507-64] Notice of lien. If a notice has been sent, as required by section 507-63, and the total sum due
has not been paid as specified in the notice, the owner may deny an occupant access to the space, enter
the space, and remove any property found in the space to a place of safe keeping; provided that the owner
shall send to the occupant, addressed to the occupant’s last known address, postage prepaid, a notice of
lien which shall state all of the following:
(1) That the occupant’s right to use the storage space has terminated and that the occupant
no longer has access to the stored property.
(2) That the stored property is subject to a lien, and the amount of the lien.
(3) That the owner will seize and take possession of the property to satisfy the lien after
a specified date which is not less than fifteen days from the date of mailing the notice
unless the amount of the lien is paid. [L 1984, c 239, pt of §1]
[§507-65] Final demand and notice of sale. If both notices have been sent, as required by sections 507-
63 and 507-64, and the total sum due has not been paid as specified in the two prior notices, the owner
may prepare for the sale of the occupant’s property. The owner shall then send to the occupant, addressed
to the occupant’s last known address, postage prepaid:
(1) A notice of final demand and sale which shall state all of the following:
(A) That the sums due for rent and charges demanded have not been paid.
(B) That the occupant’s right to use the designated storage space has been terminated.
(C) That the occupant no longer has access to the stored property.
(D) That the stored property is subject to a lien and the amount of the lien.
(E) That the property will be sold to satisfy the lien after a specified date
which is not less than thirty days from the date of mailing the notice unless prior to the
specified date, the lien is paid in full.
(F) That any excess proceeds of the sale over the lien amount of costs of sale will be
retained by the owner and may be reclaimed by the occupant, or claimed by another
person, at any time for a period of one year from the sale and that thereafter the
proceeds will go to the State under chapter 523A.
(G) That if the proceeds of sale do not fully cover the amount of lien and costs, the
occupant will be held liable for any deficiency.
(2) An itemized statement of the owner’s claim showing all sums due at the time of the notice
and the date when sums became due. [L 1984, c 239, pt of §1; am L 1985, c 68, §21]
[§507-66] Method of sale. (a) Fifteen days after sending the final demand and notice of sale, pursuant to
section 507-65(1), an advertisement of the sale shall be published once a week for two weeks
consecutively in a newspaper of general circulation published in the judicial district where the sale is to
be held. The advertisement shall include a general description of the goods, the name of the person on
whose account they are being stored, the total sums due, and the name and location of the storage facility.
(b) The sale shall be conducted in a commercially reasonable manner; and, after deducting the amount of
the lien and costs, the owner shall retain any excess proceeds of the sale on the occupant’s behalf. The
occupant, or any other person having a court order or other judicial process against the property, may
claim the excess proceeds, or a portion thereof sufficient to satisfy the particular claim, at any time within
one year of the date of sale. Thereafter, the owner shall pay any remaining excess proceeds to the State as
provided in chapter 523A. [L 1984, c 239, pt of §1; am L 1985, c 68, §22]
[§507-67] Security interests, rights. Any person who has a perfected security interest under chapter 490
may claim any personal property subject to the security interest and subject to a lien pursuant to this part
by paying the total amount due, as specified in the final demand and notice of sale. Upon payment of the
total amount due, the owner shall deliver possession of the particular property subject to the security
interest to the person who paid the total amount due. The owner shall not be liable to any person for
action taken pursuant to this section if the owner has fully complied with the requirements of sections
507-63, 507-64, and 507-65. [L 1984, c 239, pt of §1]
[§507-68] Payment before sale. Any person claiming a right to the goods must pay the amount necessary
to satisfy the lien and the reasonable expenses incurred for particular actions taken pursuant to this part.
In that event, the goods shall not be sold, but shall be retained by the owner subject to the terms of this
part pending a court order directing disposition of the property. [L 1984, c 239, pt of §1]
[§507-69] Good faith purchaser. A purchaser in good faith of goods sold to enforce a lien in favor of
the owner on goods stored at a self-service storage facility takes the goods free of any rights of persons
against whom the lien was claimed, despite noncompliance by the owner of the storage facility with the
requirements of this part. [L 1984, c 239, pt of §1]
[§507-70] Self-storage contracts. (a) Each contract for the rental or lease of individual storage space in
a self-service storage facility shall be in writing and shall contain, in addition to the provisions otherwise
required or permitted by law to be included, a statement that the occupant’s property will be subject to a
claim of lien and may be sold to satisfy the lien if the rent or other charges due remain unpaid for fifteen
consecutive days and that such actions are authorized by this part.
(b) This part shall not apply, and the lien authorized by this part shall not attach, unless the rental
agreement or supporting documentation requests, and provides space for, the occupant to give
the name and address of another person to whom notices required to be given under this part
may be sent. If both an address and an alternative address are provided by the occupant, notices
pursuant to sections 507-63 or 507-64 shall be sent to both addresses. If both addresses are
provided by the occupant, the owner shall send the final demand and notice of sale, pursuant to
section 507-65, to both addresses by certified mail, postage prepaid. Failure of an occupant to
provide an alternative address shall not affect an owner’s remedies under this part or under any
other provision of law. [L 1984, c 239, pt of §1