PL PACKET 05151990 - Laserfiche WebLink

Home Browse Search

LIENS ON PERSONAL PROPERTY IN SELF-STORAGE $34.970 TITLE. Sections $14.970 to S 14.979 may be cited as the "Minnesota liens on personal property in self-service storage act." History: 1988 C 423 s 1 • 514.971 DEFINITIONS. Subdivision 1. Scope. For the purposes of sections 514.97010 S 14.979,the terms defined in this section have the meanings given them. Subd. 2. Self-service storage facility. "Self-service storage facility" means real property that is designed and used only for renting or leasing individual storage space in the facility under the following conditions: (1) the occupants have access to their individual storage space only for the purpose of storing and removing their personal property; (2) the owner does not issue a warehouse receipt,bill of lading,or other document of title for the personal property stored in the storage space; and (3) the property has two or more individual storage spaces. The term does not include a garage used principally for parking motor vehicles or any property-of a financial institution that contains vaults,safe deposit boxes,or other receptacles for the uses,purposes,and benefits of the financial institution's customers. Subd. 3. 0,Aner. "Owner" means one or more persons,jointly or severally, who are either the owner of a self-service storage facility, or the lessor of an entire self- service storage facility, and who receive rent from an occupant under a rental agree. meat entered into with the occupant. Subd. 4. Occupant. "Occupant" means a person who rents storage space at a self-service storage facility under a rental agreement entered into with the owner. Subd. S. Rental agreement. "Rental agreement"means a written agreement that is entered into by the owner and the occupant and that establishes the terms and conditions of the occupant's use of storage space at a self-service storage facility. Subd. 6. Personal property. "Personal property" means money and every inani- mate tangible thing that is the subject of ownership. The term does not include • anything forming part of a parcel of real estate and agricultural commodities. Subd. 7. Default. "Default" means failure of the occupant to pay the rent and other charges becoming due under the rental agreement within 15 days atter the rents and other charges become due under the terms of the rental agreement. Subd. B. Storage space. "Storage space" means an enclosure, cubicle, or room that is fully enclosed and equipped with a door designed to be locked for security by the occupant. Subd. 9. Security deposit. "Security deposit" means any deposit of money with the owner used to secure performance under the rental agreement. _ History: 1988 c 423 s 2 $14.972 LIEN AGAINST PROPERTY. Subdivision 1. Creation. The owner of a self-service storage facility has a lien against the occupant on the personal property stored under a rental agreement in a storage spaceat the self-service storage facility, or on the proceeds of the personal property subject to the defaulting occupant's rental agreement in the owner's posses- cion. The lien is for rent,labor, and other charges in relation to the personal property specified in the rental agreement that have become due and for expenses necessary for the preservation of the personal property or expenses reasonably incurred in the sale or other disposition of the personal property under law. The lien provided for in this section is superior to other security interests except those perfected before the date the lien attaches. Subd. 2. Attachment. The owner's lien created by this section attaches as of the date the occupant is in default unless the occupant obtains a court order to recover Possession of personal properly in the self-service storage facility. No lien is created under subdivision l or shall attach under this subdivision to any personal property listed under subdivision 5, unless the occupant fails to remove the personal property before the sale authorized by section 514.973. An owner loses the lien on personal • propert�that the owner permits to be removed from the self-service storage facility or .: owusti ably refuses to permit to be removed from the facility. Subd. 3. Security.deposits. No lien is-created under subdivision 1 if the owner has possession of a security deposit sufficient to cover rents and other charges at the ' tints of an alleged default.