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New Hampshire
Lien Law.pdf
Courtesy of:
StorageLaws.net
New
Hampshire Lien Law
TITLE XLI LIENS
CHAPTER 451-C
SELF-SERVICE STORAGE FACILITY LIENS
Section 451-C:1
451-C:1 Definitions. � In this chapter:
I. "Lienholder" means a person entitled to enforce a lien or security interest
legally acquired and properly recorded in accordance with RSA 382-A or RSA 261.
[Paragraph II effective until July 1, 2006; see also paragraph II set out
below.]
II. "Motor vehicle" means a motor vehicle as defined in RSA 259:60, a motorcycle
as defined in RSA 259:63, and any boat, watercraft, or motorized vehicle
including any "off highway recreational vehicle" as defined in RSA 215-A:1, VI.
[Paragraph II effective July 1, 2006; see also paragraph II set out above.]
II. "Motor vehicle" means a motor vehicle as defined in RSA 259:60, a motorcycle
as defined in RSA 259:63, and any boat, watercraft, or motorized vehicle
including any "off highway recreational vehicle" as defined in RSA 215-A:1, VI
or any snowmobile as defined in RSA 215-C:1.
III. "Occupant" means a person, or any agent or representative of the person,
entitled to the use of storage space at a self-service storage facility under a
rental agreement, to the exclusion of others.
IV. "Owner" means the owner, operator, lessor, or sublessor of a self-service
storage facility, the owner's agent, or any other person authorized by the owner
to manage the facility, or to receive rent from an occupant.
V. "Personal property" means moveable property not affixed to land, and
includes, but is not limited to goods, merchandise, motor vehicles, and
household items.
VI. "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 space for the purpose of storing and removing
personal property. A self-service storage facility is not a warehouse as the
term "warehouse" is used in RSA 382-A:7.
Source.
1999, 315:1, eff. Sept. 14, 1999. 2005, 210:61, eff. July 1, 2006.
Section 451-C:2
451-C:2 Storage Lien. � Any owner of a self-service storage facility shall have
a lien upon all personal property located at the self-service storage facility
so long as the personal property shall remain in the possession of the owner,
or, in accordance with any rental agreement or lease, shall have a lien for
unpaid rent, charges, fees, or expenses due for storage, care, or sale of the
personal property. The lien attaches as of the date the personal property is
brought to the self-service storage facility.
Source.
1999, 315:1, eff. Sept. 14, 1999.
Section 451-C:3
451-C:3 Removal and Disposal of Personal Property. � If any of the rent,
charges, fees, or expenses referred to in this chapter shall remain unpaid for 5
days, the owner may place a lock on the storage unit, in addition to any lock
placed thereon by the occupant. The owner may deny access to the unit until the
unpaid rent, charges, fees, or expenses are paid in full by the occupant. If
after 30 days, any of the rent, charges, fees, or expenses shall remain unpaid,
the owner may remove the occupant's lock as well as the owner's lock, remove any
personal property from the unit and retain such personal property, and then,
after first satisfying the notice provisions of RSA 451-C:4, RSA 451-C:5, and
RSA 451-C:6, unless exempted by RSA 451-C:7, proceed to sell such personal
property to satisfy the lien. Proceeds from the sale shall be distributed
pursuant to RSA 451-C:6.
Source.
1999, 315:1, eff. Sept. 14, 1999.
Section 451-C:4
451-C:4 Notice to Lienholder. �
I. An owner shall inquire in writing, by certified mail return receipt
requested, to determine from the division of motor vehicles and the secretary of
state with regard to a motor vehicle, and from the secretary of state with
regard to other personal property, whether a lien exists upon the title to said
motor vehicle or other personal property. Any such written inquiry that requests
information on financing statements filed under RSA 382-A shall be in the form,
and subject to the fees, required by that chapter. If no lien is found, or in
the case where the inquiry had been made in writing and no response is received
from the division of motor vehicles or the secretary of state within 14 days
after such inquiry is mailed, the owner may proceed to sell or otherwise dispose
of such personal property as prescribed by this chapter.
II. If determination is made under the procedure described in paragraph I that a
lien exists, a notice of sale under this chapter shall be sent by registered or
certified mail to the last known address of each holder of a security interest
or lienholder in accordance with RSA 382-A:9. The notice shall state the time
and place of the sale, the property to be sold, and the amount of the rent,
charges, fees, or expenses owed. The notice shall be sent at least 20 days prior
to the date of the sale, except that in the case of a motor vehicle, notice
shall be sent at least 30 days prior to the date of the sale. Notwithstanding
any other provision of this chapter, any lienholder having a properly perfected
lien or security interest shall be entitled to remove such personal property
from the owner's possession or from the occupant's self-service storage facility
unit within 20 days of the date of mailing of the notice of the sale, without
attachment of the lien established under RSA 451-C:2 or any further obligation
to the owner of the self-service storage facility. The lienholder's right to
possession of the personal property is established under this chapter
notwithstanding the lack of breach by the owner of such personal property under
the debt instrument or security agreement creating the lien or security interest
on such property. The owner shall not be responsible for determining priority as
between any competing lienholders. If the owner and the lienholder who has
received the notice agree to store the personal property at the facility, the
lienholder shall pay the amount of the rent, charges, fees, or expenses due from
and after the date of the notice to the lienholder, and pay the monthly rental
fee until such personal property is removed from the facility.
Source.
1999, 315:1. 2001, 102:37, eff. July 1, 2001. 2004, 78:1, eff. Jan. 1, 2005.
Section 451-C:5
451-C:5 Notice of Sale. � A notice of the sale shall be served upon the occupant
in person or by registered or certified mail at the last known address, no less
than 14 days before the sale, stating the time and place of sale, the property
to be sold, and the amount of the rent, charges, fees, or expenses owed.
Source.
1999, 315:1, eff. Sept. 14, 1999.
Section 451-C:6
451-C:6 Sale. � If any of the rent, charges, fees, or expenses referred to in
this chapter shall remain unpaid for 30 days, and after complying with the
provisions of RSA 451-C:4 and RSA 451-C:5, the owner may sell such personal
property at a private or public sale, and the proceeds shall first be applied to
satisfy such rent, charges, fees, or expenses. Proceeds remaining after the sale
and payment of rent, charges, fees, or expenses to the owner shall then be paid
to any lienholders of record, as their interests may appear, with any remaining
proceeds to be paid to the occupant.
Source.
1999, 315:1, eff. Sept. 14, 1999.
Section 451-C:7
451-C:7 Abandoned Property. �
I. In the event that a storage unit is unlocked, and the rent on the unit is
past due, and the entire contents of the unit have a total value under $500, the
property shall be deemed abandoned. Such property may then be removed from the
self-service storage facility unit and shall be retained for 30 days. If after
30 days, the occupant does not claim such personal property and any of the rent,
charges, fees, or expenses remain unpaid, and there is no lienholder of record,
the owner may dispose of the property without notice to the occupant.
II. In the event that a storage unit is locked, and the rent on the unit is past
due, and the entire contents of the unit have a total value under $500, the
property shall be deemed abandoned. If after 30 days, the occupant does not
claim such personal property and any of the rent, charges, fees, or expenses
remain unpaid, and there is no lienholder of record, the owner shall be exempt
from requirements of RSA 451-C:5 and RSA 451-C:6, may remove such property from
the self-service storage facility unit, and dispose of the property without
notice to the occupant.
Source.
1999, 315:1, eff. Sept. 14, 1999.
Section 451-C:8
451-C:8 Liability. � An owner acting in accordance with the provisions of this
chapter shall not be liable to the occupant or lienholder for personal property
disposed of under the provisions of this chapter.
Source.
1999, 315:1, eff. Sept. 14, 1999.
Section 451-C:9
451-C:9 Purchaser. � Provided that the provisions of this chapter are complied
with by an owner conducting a sale of personal property, a purchaser in good
faith of personal property under the provisions of this chapter shall take the
personal property free and clear of any rights of an occupant against whom the
liens were placed by a lienholder.
Source.
1999, 315:1, eff. Sept. 14, 1999.
Section 451-C:10
451-C:10 Disclosure. � An owner of a self-service storage facility shall
disclose, in any rental agreement or lease, the terms and conditions of such
rental agreement or lease and the notice provisions of RSA 451-C to an occupant
before renting or leasing the storage unit.
Source.
1999, 315:1, eff. Sept. 14, 1999.
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