Delaware Code Title 25 Sec. 4903 – Creation of lien
The owner of a self-service storage facility and the owner’s heirs, executors, administrators, successors and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this chapter. The lien provided for in this section is superior to any other lien or security interest, except liens or security interests secured by motor vehicles titled pursuant to Chapter 23 of Title 21. The lien attaches as of the date the personal property is brought to the self-service storage facility; provided that the written rental agreement states that such lien will attach.
Terms Used In Delaware Code Title 25 Sec. 4903
- Lien: A claim against real or personal property in satisfaction of a debt.
- Owner: means the owner, operator, lessor or sublessor of a self-service storage facility, such person's agent or any other person authorized by the owner, operator, lessor or sublessor of a self-storage facility to manage the facility or to receive rent from an occupant under a rental agreement. See Delaware Code Title 25 Sec. 4902
- Personal property: All property that is not real property.
- Personal property: means movable property not affixed to land and includes, but is not limited to, goods, merchandise and household items. See Delaware Code Title 25 Sec. 4902
- Rental agreement: means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a self-service storage facility. See Delaware Code Title 25 Sec. 4902
- Self-service storage facility: means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. See Delaware Code Title 25 Sec. 4902