2004 Minnesota Statutes

     514.972 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 space at 
 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 possession.  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 property in the self-service storage facility.  No 
 lien is created under subdivision 1 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 property that the owner permits to be removed from 
 the self-service storage facility or unjustifiably 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 time of an 
 alleged default. 

    Subd. 4.    Denial of access.  Upon default the owner 
 shall mail notice of default to the occupant at the last known 
 address of the occupant.  The owner may deny the occupant access 
 to the personal property contained in the self-service storage 
 facility after default, service of the notice of default, 
 expiration of the date stated for denial of access, and 
 application of any security deposit to unpaid rent.  The notice 
 of default must state the date that the occupant will be denied 
 access to the occupant's personal property in the self-service 
 storage facility and that access will be denied until the 
 owner's claim has been satisfied.  The notice of default must 
 state that any dispute regarding denial of access can be raised 
 by the occupant beginning legal action in court.  Notice of 
 default must further state the rights of the occupant contained 
 in subdivision 5. 

    Subd. 5.    Access to certain items.  The occupant may 
 remove from the self-service storage facility personal papers, 
 health aids, personal clothing of the occupant and the 
 occupant's dependents, and personal property that is necessary 
 for the livelihood of the occupant, that has a market value of 
 less than $50 per item, if demand is made to any of the persons 
 listed in section 514.976, subdivision 1.  The occupant shall 
 present a list of the items, and may remove them during the 
 facility's ordinary business hours prior to the sale authorized 
 by section 514.973.  If the owner unjustifiably denies the 
 occupant access for the purpose of removing the items specified 
 in this subdivision, the occupant is entitled to an order 
 allowing access to the storage unit for removal of the specified 
 items.  The self-service storage facility is liable to the 
 occupant for the costs, disbursements and attorney fees expended 
 by the occupant to obtain this order. 

    HIST: 1988 c 425 s 3