6/23/2015
Self-Service Storage Liens
Under the New Mexico Self-Service Storage Lien Act,
[ a self-service storage facility owner is entitled to a lien on all personal
property located at the self-service storage facility for the rent, labor or
other charges incurred in relation to the property.
The lien attaches to the personal property at
the time that the renter goes into default under its rental agreement and
continues until such time as the default is corrected, a sale of the property
is conducted or the property is otherwise disposed of.
If the renter is in default under the rental
agreement for a period of five days, the owner may deny the renter access to
the storage space.
If the default
continues for a period of thirty days, the owner may enter into the storage
space and remove the personal property to a safe place, provided that the owner
has sent a notice of intent to enforce a lien to the renter’s last known
address within five days of entering the space.
A notice of intent to enforce a lien for purposes of the New
Mexico Self-Service Storage Lien Act must include 1) an itemized statement of
the amounts due and the dates when they became due; 2) a brief description of
the property subject to the lien; 3) a notification of denial of access to the
property, including the name, street address and telephone number of the person
who may be contacted in responding to the notice; 4) a demand for payment
within a specified period of time, which cannot be less than fifteen days; and
5) a conspicuous statement that unless the claim is paid within the time stated,
the personal property may be advertised for sale or other disposition and then
sold to satisfy the lien. Effective July
1, 2015, the notice of intent to enforce a lien may be made by verified mail or
electronic mail, at the renter’s election made at the time of entering into the
rental agreement. If the owner provides
notice by electronic mail and receives no response, return receipt or delivery
confirmation within three business days, the owner must deliver notice by
verified mail to the renter’s last known address.
After expiration of the time set in the notice of intent to
enforce a lien, the owner must publish an advertisement for sale or other
disposition once a week for two consecutive weeks in a newspaper of general
circulation in the county where the self-service storage facility is
located. The advertisement must include
a general description of the property to be sold, the address of the
self-service storage facility, the name and last known address of the renter
and the time, place and manner of sale or other disposition.
Sean Calvert, Esquire (Contributing Author)
Calvert Menicucci, P.C. (www.hardhatlaw.net)
