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Massachusetts
Lien Law.pdf
Courtesy of:
StorageLaws.net
Massachusetts Lien Law
TITLE XV. REGULATION OF TRADE
CHAPTER 105A. SELF-SERVICE STORAGE FACILITIES
Chapter 105A: Section 1. Definitions
Section 1. As used in this chapter, the following words shall, unless the
context clearly requires otherwise, have the following meanings:�
�Self-service storage facility�, any real property used for renting or leasing
individual storage spaces in which the occupants themselves customarily store
and remove their own personal property on a �self-service� basis.
�Rental agreement�, any written agreement that establishes or modifies the
terms, conditions, or rules concerning the use and occupancy of a self-service
storage facility.
�Leased space�, the individual storage space at the self-service facility which
is rented to an occupant pursuant to a rental agreement.
�Occupant�, a person, a sublessee, successor, or assign, entitled to the use of
a leased space at a self-service storage facility under a rental agreement.
�Operator�, the owner, operator, lessor or sublessor of a self-service storage
facility, an agent or any other person authorized to manage the facility and
shall not mean a warehouseman, unless the operator issues a warehouse receipt,
bill of lading, or other document of title for the personal property stored.
�Personal property�, movable property, not affixed to land, including but not
limited to, goods, wares, merchandise, motor vehicles, watercraft, and household
items and furnishings.
�Default�, the failure to perform on time any obligation or duty set forth in
the rental agreement.
�Last known address�, that address provided by the occupant in the rental
agreement or the address provided by the occupant in a subsequent written notice
of a change of address.
Chapter 105A: Section 2. Rental agreements; residential use prohibited
Section 2. The operator may only lease space in a self-service storage facility
by entering in to a rental agreement with an occupant.
An operator may not knowingly permit a leased space at a self-service storage
facility to be used for residential purposes.
An occupant may not use a leased space for residential purposes.
Chapter 105A: Section 3. Lien on personal property; contents of rental agreement
Section 3. The operator of a self-service storage facility shall have a lien on
all personal property stored within each leased space for rent, labor, insurance
or other charges in relationship to the property and for expenses necessary for
the preservation of the property or reasonably incurred in its sale pursuant to
this chapter.
An operator shall lose such lien on any goods which such operator voluntarily
delivers or which he unjustifiably refuses to deliver.
The rental agreement shall contain a statement, in bold type, advising the
occupant: (a) that property stored in the leased space is not insured by the
operator against loss or damage; (b) of the existence of the lien; and (c) that
property stored in the leased space may be sold to satisfy the lien if the
occupant is in default.
Chapter 105A: Section 4. Enforcement of operator�s lien
Section 4. After default, an operator�s lien may be enforced by selling the
property stored in the leased space at a public or private sale, but only in
accordance with the following procedure:
(1) No sooner than five days after such default, the occupant and all other
persons known to claim an interest in the goods shall be notified by regular
mail sent to the last known address of any person to be notified.
(2) No sooner than fourteen days after default, the occupant and all other
persons known to claim an interest in the goods shall be notified by certified
mail, return receipt requested, sent to the last known address of any person to
be notified, or by hand delivery of said notification.
(3) The notification shall include: (a) a statement that the contents of the
occupant�s leased space are subject to the operator�s lien; (b) a general
description of the contents, if known, by the operator; (c) a statement of the
operator�s claim, indicating the charges due on the date of the notice, the
amount of any additional charges which shall become due before the date of sale,
and the date such additional charges shall become due; (d) a demand for payment
of the charges due within a specified time, not less than fourteen days after
receipt of notification; (e) a statement that unless the claim is paid within
the time stated, the contents of the occupant�s space will be advertised for
sale and sold at auction at a specified time and place; and (f) the name, street
address, and telephone number of the operator, or his designated agent, whom the
occupant may contact to respond to the notice.
(4) After the expiration of the time given in the notification, an advertisement
of the sale must be published once a week for two consecutive weeks in a
newspaper of general circulation in the city or town where the sale is to be
held. The advertisement must include a description of the property, the name of
the person on whose account they are being held, and the time and place of the
sale. The sale must take place at least fifteen days after the first
publication. If there is no newspaper of general circulation in the city or town
where the sale is to be held, the advertisement must be posted at least ten days
before the sale in not less than six conspicuous places in the neighborhood of
the proposed sale.
(5) Before any sale pursuant to this section any person claiming a right in the
property may pay the amount necessary to satisfy the lien and the reasonable
expenses incurred under this section. In such event, the property must not be
sold, but must be released to the payor.
(6) The operator may buy at any public sale pursuant to this section.
(7) The sale shall be at the self-service storage facility where the personal
property is stored or at the nearest suitable place.
(8) The sale must conform to the terms of the notification.
(9) A purchaser in good faith of goods sold to enforce an operator�s lien takes
the property free of any rights of persons against whom the lien was valid,
despite noncompliance by the operator with the requirements of this section.
(10) The operator may satisfy his lien from the proceeds of any sale pursuant to
this section but must hold the balance, if any, for release on demand to the
occupant or to any person to whom he would have been bound to release the
property.
(11) The rights provided by this section shall be in addition to all other
rights allowed by law to a creditor against his debtor.
(12) The operator shall be liable for damages caused by failure to comply with
the requirements for sale under this section and in case of willful violation
shall be liable for conversion.
Chapter 105A: Section 5. Default; access to leased space
Section 5. If an occupant is in default for a period of five days or more, the
operator may deny the occupant access to the leased space in a reasonable and
peaceable manner; provided, however, that the occupant may have access at any
time for the sole purpose of viewing the contents of his leased space in order
to verify the contents therein.
Chapter 105A: Section 6. Notices; delivery by mail
Section 6. Unless otherwise specifically provided, all notices required by this
chapter shall be sent by certified mail.
Notices sent to the operator shall be sent to the self-service storage facility
where the occupant�s property is stored. Notices to the occupant shall be sent
to the occupant at the occupant�s last known address.
Except in the case of certified mail, notices shall be deemed delivered when
deposited with the United States Postal Service, properly addressed as provided
in the second paragraph, with postage paid.
Chapter 105A: Section 7. Exclusive care, custody and control of property vested
in occupant
Section 7. Except as otherwise provided herein or as stated in the rental
agreement, the exclusive care, custody and control of all property stored in the
leased self-service space shall vest in the occupant until a lien sale under the
provisions of this chapter.
Chapter 105A: Section 8. Violations by operator deemed unfair or deceptive acts
or trade practices
Section 8. Any violation by an operator of the provisions of this chapter shall
be deemed unfair or deceptive acts or trade practices under the provisions of
chapter ninety-three A
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