Sec. 11. (a) The owner of a self-service storage facility has a lien upon all personal property present in the self-service storage facility for:

(1) rent, labor, or other charges that accrue in connection with the personal property under the rental agreement, including any:

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 26-3-8-11

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • owner: means :

    Indiana Code 26-3-8-6

  • Personal property: All property that is not real property.
  • personal property: means movable property not affixed to land. See Indiana Code 26-3-8-7
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • rental agreement: means any written agreement or lease that establishes or modifies the terms under which a renter may store personal property in a rented space in a self-service storage facility. See Indiana Code 26-3-8-8
  • rented space: means the individual storage space at a self-service storage facility that is rented to a renter under a rental agreement. See Indiana Code 26-3-8-4
  • renter: means :

    Indiana Code 26-3-8-5

  • self-service storage facility: means any real property designed and used for the renting of space under a rental agreement that provides a renter access to rented space for the storage and retrieval of personal property. See Indiana Code 26-3-8-9
(A) late fee imposed under section 11.5(a) of this chapter; and

(B) rent collection costs or expenses described in section 11.5(b)(1) of this chapter;

(2) expenses necessary for the preservation of the personal property; and

(3) expenses reasonably incurred in the sale or other disposition of the personal property under this chapter, including any lien enforcement costs or expenses described in section 11.5(b)(2) of this chapter.

     (b) The lien described in subsection (a) is superior to any other lien or security interest, except for:

(1) a lien or security interest perfected before any sale or other disposition of the personal property; and

(2) any tax lien, as provided by law.

     (c) The lien described in subsection (a) attaches on the date on which personal property is placed in a rented space. Every rental agreement must contain a statement in bold type notifying the renter of the existence of the lien and of the method by which the owner may enforce the lien under this chapter.

As added by P.L.265-1987, SEC.1. Amended by P.L.36-2018, SEC.1.

  Previous section
Next section  
 Chapter 8 Contents