2007 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.
History: 1988 c 425 s 3