Ohio Code 5322.02 – Owner’s lien against stored property upon default
(A) The owner of a self-service storage facility has a lien against the occupant on the personal property stored pursuant to a rental agreement in any 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, for rent, labor, late fees, or other charges in relation to the personal property that are specified in the rental agreement and that have become due and for expenses necessary for the preservation of the personal property or expenses reasonably incurred in the enforcement of the lien or in the sale or other disposition of the personal property pursuant to law. The owner’s lien provided for in this section is also effective against the following persons:
Terms Used In Ohio Code 5322.02
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Lien: A claim against real or personal property in satisfaction of a debt.
- Occupant: means a person that rents storage space at a self-service storage facility pursuant to a rental agreement that the person enters into with the owner. See Ohio Code 5322.01
- Owner: means a person that is the owner or operator of a self-service storage facility, the lessor or sublessor of an entire self-service storage facility, the agent of any of the foregoing, or any other person authorized by any of the foregoing to manage the facility or to receive rent from an occupant pursuant to a rental agreement. See Ohio Code 5322.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Personal property: All property that is not real property.
- Personal property: means money and every animate or inanimate tangible thing that is the subject of ownership, except anything forming part of a parcel of real estate, as defined in section 5701. See Ohio Code 5322.01
- Property: means real and personal property. See Ohio Code 1.59
- Rental agreement: means any written agreement that is entered into by the owner and the occupant and that establishes the terms and conditions of the occupant's use of storage space at a self-service storage facility. See Ohio Code 5322.01
- Self-service storage facility: means any real property that is designed and used only for the purpose of renting or leasing individual storage space in the facility under the following conditions:
(1) The occupants have access to the storage space only for the purpose of storing and removing personal property. See Ohio Code 5322.01
(1) A person who has an unfiled security interest in the personal property, except that the owner’s lien is not effective against a person who has a valid security interest in a motor vehicle or a valid security interest in a watercraft, whether or not the security interest in the motor vehicle or watercraft is filed;
(2) A person who meets both of the following requirements:
(a) The person has a legal interest in the personal property, a filed security interest in the personal property, or a valid security interest in the personal property that is a motor vehicle.
(b) The person consents in writing to the storage of the personal property.
(B) The owner’s lien created by division (A) of this section attaches as of the date the personal property is brought to the self-service storage facility. An owner loses the owner’s lien on any personal property that the owner voluntarily permits to be removed from the self-service storage facility or unjustifiably refuses to permit to be removed from the self-service storage facility.
Last updated August 11, 2021 at 1:33 PM