# Title 35 — Liens

## Chapter 35-19 — Innkeeper's Lien

### § 35-19-01. Innkeeper's lien authorized.

The keeper of any inn or hotel or of any tourist camp, whether an individual, a partnership, a
corporation, or a limited liability company, has a lien on the baggage and other property in and
about such inn, hotel, or tourist camp belonging to or under the control of guests or boarders for
the proper charges due from such guests for accommodation, board, and lodging, and for all
money paid for or advanced to them not to exceed the sum of two hundred dollars, and for such
other extras as are furnished at their request. The innkeeper, hotelkeeper, or tourist camp
keeper has the right to detain the baggage and other property until the amount of such charges
is paid, and such baggage and other property is exempt from attachment or execution until such
innkeeper's lien and the cost of satisfying it are paid.
### § 35-19-02. Sale of property subject to innkeeper's lien.

The innkeeper, hotelkeeper, or tourist camp keeper shall retain any baggage and other
property upon which the person has a lien for a period of ninety days, at the expiration of which
time, if such lien is not satisfied, the person may sell such baggage and other property at public
auction after giving ten days' notice of the time and place of the sale in a newspaper of general
circulation in the county where the inn, hotel, or tourist camp is situated, and by mailing a copy
of such notice addressed to the guest or boarder at the place of residence registered by the
guest or boarder in the register of the inn, hotel, or tourist camp.
### § 35-19-03. Disposal of money remaining after foreclosure.

After satisfying the lien and any costs that may accrue, any residue remaining must be paid
to the guest or boarder on demand. If a demand is not made within six months from the date of
the sale, such residue must be deposited by the innkeeper, hotelkeeper, or tourist camp keeper
with the treasurer of the county in which the inn, hotel, or tourist camp is situated, together with
a statement of the innkeeper's claim and the cost of enforcing the same, a copy of the published
notice, and a statement of the amounts received for the goods sold at said sale. The county
treasurer shall credit the residue to the general revenue fund of the county subject to the right of
the guest or boarder, or the guest's or boarder's representative, to reclaim it at any time within
three years after the date of deposit thereof.
