Lien - Date of attachment - Disclosure of other lienholders.

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A. Where a rental agreement, as defined in Section 192 of this title, is entered into between the owner and the occupant, the owner of a self-service storage facility and his heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at the self-service storage facility for rent, late fees, labor, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to the Self-Service Storage Facility Lien Act.

B. The lien attaches as of the date the personal property is brought to the self-service storage facility and continues so long as the owner retains possession and until the default is corrected, or a sale is conducted, or the property is otherwise disposed of to satisfy the lien.

C. A facility or unit owner may charge a tenant a reasonable late fee for each period that the tenant does not pay rent due under the rental agreement. The amount of the late fee and the conditions for imposing such a fee shall be stated in the rental agreement or in an addendum to the agreement. For purposes of this subsection, a late fee not to exceed the greater of Twenty Dollars ($20.00) or twenty percent (20%) of unpaid rent is considered reasonable.

D. The rental agreement shall contain a provision directing the occupant to disclose any lienholders with an interest in property that is or will be stored in a self-service storage facility.

E. If the personal property is a vehicle, watercraft or trailer and rent and other charges remain unpaid for sixty (60) days, the facility owner may have the vehicle, watercraft or trailer towed from the self-service storage facility. If the vehicle, watercraft or trailer is towed from the self-service storage facility, the facility owner shall not be liable for the vehicle, watercraft or trailer or for any damages to the vehicle, watercraft or trailer once the towing company takes possession of the property.

Added by Laws 1998, c. 306, § 6, eff. Nov. 1, 1998. Amended by Laws 2018, c. 160, § 3, eff. Nov. 1, 2018.


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