§ 55.1-2901 — Lien on personal property stored within a leased space

Virginia § 55.1-2901

• Jurisdiction: Virginia
• Title 55.1: Property and Conveyances
• Subtitle V: Miscellaneous
• Ch. 29: Virginia Self-Service Storage Act

Text

A. The owner shall have a lien on all personal property stored within each leased space for rent, labor, or other charges, and for expenses reasonably incurred in its sale pursuant to this chapter. Such lien shall attach as of the date the personal property is stored within each leased space and, to the extent that the property remains stored within such leased space, as provided in this subsection, shall be superior to any other existing liens or security interests to the extent of $250 or, if the leased space is a climate-controlled facility, $500. In addition, such lien shall extend to the proceeds, if any, remaining after the satisfaction of any perfected liens, and the owner may retain possession of such proceeds until the balance, if any, of such charges is paid.

B. In the case of any watercraft that is subject to a lien, previously recorded on the certificate of title, the owner, so long as the watercraft remains stored within such leased space, shall have a lien on such watercraft as provided in this subsection to the extent of $250 or, if the leased space is a climate-controlled facility, $500. In addition, such lien shall extend to the proceeds, if any, remaining after the satisfaction of any recorded liens, and the owner may retain possession of such proceeds until the balance, if any, of such charges is paid.

C. The rental agreement shall contain a statement, in bold type, advising the occupant of the existence of such lien and that the personal property stored within the leased space may be sold to satisfy the lien if the occupant is in default.

D. A rental agreement may contain a provision regarding the effect of an unsigned rental agreement. Any such provision is binding only if it contains statements, in bold type, advising the occupant of the following:

1. If the owner does not sign and deliver a written rental agreement signed and delivered to him by the occupant, acceptance of rent by the owner gives the rental agreement the same effect as if it had been signed and delivered by the owner; and

2. If the occupant does not sign and deliver a written rental agreement, acceptance of possession or payment of rent gives the rental agreement the same effect as if it had been signed and delivered by the occupant, if the owner also sends the rental agreement electronically or to the occupant's last known address.

E. In the case of any motor vehicle that is subject to a lien, previously recorded on the certificate of title, the owner, so long as the motor vehicle remains stored within such leased space, shall have a lien on such vehicle in accordance with § 46.2-644.01. In the case of any abandoned, immobilized, unattended, or trespassing vehicles or watercraft that are not authorized to be at the self-service storage facility by the owner, the owner may tow the property in accordance with any city or county private property towing ordinance.

Legislative History

1981, c. 627, § 55-418; 1984, c. 717; 1999, c. 149; 2005, c. 275; 2009, c. 664; 2019, c. 712; 2024, c. 673.