Montana Code 70-6-605. Renter’s personal property — operator’s lien — rental agreement — value of contents
70-6-605. Renter’s personal property — operator‘s lien — rental agreement — value of contents. (1) The operator of a self-storage facility shall have a lien on all of a renter‘s personal property located at the self-storage facility for rent, late fees, legal fees, labor, or other charges incurred pursuant to a rental agreement and for expenses incurred for preservation, sale, or disposition of the personal property. The lien established by this subsection has priority over all other liens except for liens that have been perfected and recorded on such personal property and tax liens.
Terms Used In Montana Code 70-6-605
- Default: means the failure to timely perform an obligation or duty set forth in a rental agreement or this part. See Montana Code 70-6-602
- Leased space: means the individual storage space at a self-storage facility that is rented to a renter pursuant to a rental agreement. See Montana Code 70-6-602
- Lien: A claim against real or personal property in satisfaction of a debt.
- Operator: means the owner, operator, lessor, or sublessor of a self-storage facility or an agent or another person authorized to manage the facility or to receive rent from a renter under a rental agreement. See Montana Code 70-6-602
- Personal property: All property that is not real property.
- Personal property: means movable property not affixed to land. See Montana Code 70-6-602
- Property: means real and personal property. See Montana Code 1-1-205
- Rental agreement: means a written agreement or lease that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a leased space at a self-storage facility. See Montana Code 70-6-602
- Renter: means a person entitled to the use of a leased space at a self-storage facility under a rental agreement or the person's successors or assigns. See Montana Code 70-6-602
- Self-storage facility: means real property consisting of individual storage spaces in which a renter customarily stores and removes personal property on a self-service basis. See Montana Code 70-6-602
(2)The lien in subsection (1) attaches on the date that the personal property is placed in a leased space.
(3)The rental agreement must contain a statement advising the renter:
(a)of the existence of the lien; and
(b)that personal property stored in the leased space may be sold to satisfy the lien if the renter is in default.
(4)If the rental agreement specifies a limit on the value of personal property that the renter may store in the leased space, the limit must be deemed to be the maximum value of the personal property in the renter’s leased space.