§ 570.523 — Lien; attachment; priority; written notice; limit on property value; late payment charge.

Michigan § 570.523

• Jurisdiction: Michigan
• Ch. 570: LIENS
• Act 148 of 1985: SELF-SERVICE STORAGE FACILITY ACT (570.521-570.527)

Text

SELF-SERVICE STORAGE FACILITY ACT (EXCERPT) Act 148 of 1985 570.523 Lien; attachment; priority; written notice; limit on property value; late payment charge. Sec. 3. (1) The owner of a self-service storage facility or a self-contained storage unit and the heirs, personal representatives, successors, and assignees of the owner have a lien upon all personal property, whether or not owned by the tenant, located at the self-service storage facility or self-contained storage unit for rent or other lawful charges incurred relative to the storage of the personal property, including expenses necessary for its preservation, or reasonably incurred in its sale pursuant to this act. The lien attaches on the date the personal property arrives at the self-service storage facility or self-contained storage unit or the date a rental agreement for the storage space is signed by the tenant, whichever is earlier. (2) The priority of a lien under this act is as provided in section 5(14). (3) If a tenant defaults on a rental agreement, the owner shall give notice to all holders of a perfected security interest under the uniform commercial code, 1962 PA 174, MCL 440.1101 to 440.11102, in which the tenant is named as a debtor. (4) At the commencement of a rental agreement for storage space at a self-service storage facility or in a self-contained storage unit, the owner shall provide the tenant with the following written notice: "NOTICE: If you fail to make your required payments, you will have to vacate the unit or your property may later be sold at a public sale. Before the sale, you will be notified by first-class mail or by electronic mail of the amount due. The notice will be mailed to your last known address. In order to preserve your right to be notified, it is important that you notify us in writing of any change in your mailing address. Also, you should supply us with the name and address of another person who can reach you if you are not at your mailing address, and we will notify that person at the same time and in the same manner as we notify you.". (5) A rental agreement under this section may provide for a limit on the value of the property stored at the facility or unit. The stated limit shall be considered the maximum value of the stored property for all purposes. (6) A rental agreement under this section may provide for a reasonable late charge for failure of the tenant to timely make payments for the storage space when due. A monthly late fee of $20.00 or 20% of the monthly rental amount, whichever is greater, shall be considered reasonable and is not a penalty. The owner of the self-service storage facility or self-contained storage unit has the burden of justifying the reasonableness of any higher late fee.

Legislative History

1985, Act 148, Eff. Mar. 31, 1986 ;-- Am. 2000, Act 443 , Imd. Eff. Jan. 9, 2001 ;-- Am. 2009, Act 177 , Imd. Eff. Dec. 15, 2009 ;-- Am. 2014, Act 61 , Eff. June 26, 2014