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Statutes

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Self-Storage Facilities Lien

The owner of a self-storage facility has a lien upon all personal property stored at a self-storage facility for occupancy fees or other charges and for certain expenses. The lien is superior to any other lien or security interest.

In order for this lien to be applicable there must be a written occupancy agreement. NY Lien §182 "

Cases

"Self-Storage Facilities Lien The owner of a self-storage facility has a lien upon all personal property stored at a self-storage facility for occupancy fees or other charges and for certain expenses. The lien is superior to any other lien or security interest.

In order for this lien to be applicable there must be a written occupancy agreement. NY Lien §182 "

Comments

Minor deficiencies in an occupancy agreement or lease form will not foreclose the lienor from enforcing its lien under New York Lien Law § 182. E-Z Self Storage, Inc. v. Aetna Cas. & Sur. Co., 132 Misc.2d 357 (N.Y. City Ct. 1986). However, a self-service storage facility that fails to strictly comply with the statutory requirements for notice to all persons known to claim an interest in the goods subject to sale is liable for damages resulting from the sale. Baskin v. MABCO Transit, Inc., 113 N.Y.S.3d 324 (App. Div. 3rd Dept. 2019).

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The statutory information was edited and reviewed with the support of MultiState

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