NRS108.477. Sale of occupant’s property by owner: Advertisement; manner; distribution of proceeds.

      1.  If the declaration in opposition to the lien sale executed by the occupant is not received by the date of the sale specified in the notice mailed to the occupant, the owner may sell the property.

      2.  The owner shall advertise the sale once a week for 2 consecutive weeks immediately preceding the date of the sale in a newspaper of general circulation in the judicial district where the sale is to be held. The advertisement must contain:

      (a) A general description of the personal property to be sold;

      (b) The name of the occupant;

      (c) The number of the individual storage space at the facility where the personal property was stored; and

      (d) The name and address of the facility.

      3.  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 at least six conspicuous places near the place of the sale.

      4.  The sale must be conducted in a commercially reasonable manner.

      5.  After deducting the amount of the lien and the costs of the sale, the owner shall retain any excess proceeds from the sale on the behalf of the occupant.

      6.  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 after 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.

      (Added to NRS by 1983, 1668; A 1985, 1163; 2011, 1829)