§ 5605 — Owner's lien

(a) Right to and nature of lien.--

(1) An owner and any of the owner's heirs, executors, administrators, successors and assigns has a lien upon all personal property located at a self-service storage facility, for rent, labor, late fees or other charges, present or future, incurred for storing the property, and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition under this chapter.

(2) The lien is superior to any other lien or security interest, except any lien existing prior to the date the personal property was placed at the self-service storage facility supersedes any lien of the owner.

(3) The lien attaches as of the date the personal property is placed at the self-service storage facility, and the rental agreement shall contain a statement in bold type notifying the occupant of the existence of the lien.

(b) Late fee.--

(1) An owner may charge the occupant a reasonable late fee for each month the occupant does not pay rent or other charges when due. A late fee of $20 per month or 20% of the monthly rent for the leased space, whichever is greater, shall be reasonable and may not constitute a penalty.

(2) An owner may not charge a late fee under this subsection unless the owner discloses in the rental agreement the amount of the fee and the timing for charging the fee. A late fee may be charged in addition to any other expense incurred by the owner provided by law or contract.

(3) The owner may not charge and collect a late fee if the occupant pays rent and other charges in full by the fifth day after the due date under the rental agreement.

Legislative History

Cross References.Section 5605 is referred to in section 5606 of this title.