§ 26-3-8-11 — Lien of owner of facility upon personal property; priority; attachment; required statement in rental agreement

Indiana § 26-3-8-11

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 3: WAREHOUSES
• Ch. 8: Self-Service Storage Facilities

Text

(a) The owner of a self-service storage facility
has a lien upon all personal property present in the self-service storage
facility for:
(1) rent, labor, or other charges that accrue in connection with the
personal property under the rental agreement, including any:
(A) late fee imposed under section 11.5(a) of this chapter; and
(B) rent collection costs or expenses described in section
11.5(b)(1) of this chapter;
(2) expenses necessary for the preservation of the personal
property; and
(3) expenses reasonably incurred in the sale or other disposition
of the personal property under this chapter, including any lien
enforcement costs or expenses described in section 11.5(b)(2) of
this chapter.
(b) The lien described in subsection (a) is superior to any other lien
or security interest, except for:
(1) a lien or security interest perfected before any sale or other
disposition of the personal property; and
(2) any tax lien, as provided by law.
(c) The lien described in subsection (a) attaches on the date on
which personal property is placed in a rented space. Every rental
agreement must contain a statement in bold type notifying the renter of
the existence of the lien and of the method by which the owner may
enforce the lien under this chapter.

Legislative History

As added by P.L.265-1987, SEC.1. Amended by P.L.36-2018, SEC.1.