38-8-2 - Lien against stored property -- Attachment and duration -- Search for financing statement prerequisite to enforcement of lien.
38-8-2. Lien against stored property -- Attachment and duration -- Search forfinancing statement prerequisite to enforcement of lien.
(1) Where a rental agreement, as defined in Subsection 38-8-1(6), is entered into betweenthe owner and the occupant, the owner of the self-service storage facility and the owner's heirs,executors, administrators, successors, and assigns have a lien upon all personal property locatedat the self-service storage facility for rent, labor, or other charges, present or future, in relation tothe personal property and for expenses necessary for its preservation or expenses reasonablyincurred in its sale or other disposition under this chapter.
(2) The lien described in Subsection (1) attaches as of the date the personal property isbrought to the self-service storage facility and continues so long as the owner retains possessionand until any default is corrected, or a sale pursuant to a default is conducted, or the property isotherwise disposed of to satisfy the lien.
(3) (a) Before taking enforcement action under Section 38-8-3, the owner shall determineif a financing statement filed in accordance with Title 70A, Chapter 9a, Part 5, Filing, has beenfiled with the Division of Corporations and Commercial Code concerning the property to be soldor otherwise disposed of.
(b) A security interest evidenced by a financing statement filed in accordance with Title70A, Chapter 9a, Part 5, Filing, has priority over the lien provided by this section.
Amended by Chapter 252, 2000 General Session