Possessory Liens / Landlord Liens That Trump a Lessor’s Right to Equipment
What types of possessory liens exist in Ohio? What is the priority between a landlord’s lien on a tenant’s property for non-payment of rent and a Uniform Commercial Code security interest on the same property?
Statutes
"A ""possessory lien"" is defined as an interest, other than a security interest or an agricultural lien, that secures payment or performance of an obligation for services or materials furnished by a person in the ordinary course of the person's business; that is created by statute or rule of law in favor of the person; and whose effectiveness depends on the person's possession.
A possessory lien on goods has priority over a security interest in the goods unless the lien is created by a statute that expressly provides otherwise. ORC §1309.333"
Cases
Comments
Contributors
The statutory information was edited and reviewed with the support of MultiState