Arizona Laws 33-1703. Lien; rental agreement; contents; late fees
A. The operator of a self-service storage facility has a possessory lien from the date the rent is unpaid and due on all personal property stored within the leased space for rent, late fees and labor or other charges, and for expenses reasonably incurred in its sale, as provided in this article. The lien shall not impair any other lien or security interest at the time the storage was commenced, unless the lienor or secured party knows and consents to the storage of the personal property.
Terms Used In Arizona Laws 33-1703
- Contract: A legal written agreement that becomes binding when signed.
- Default: means the failure to perform on time any obligation or duty set forth in the rental agreement. See Arizona Laws 33-1701
- Late fee: means a reasonable fee or charge that is assessed by the operator for the failure of the occupant to pay rent when due pursuant to section 33-1703, subsection D. See Arizona Laws 33-1701
- Leased space: means the storage space or spaces at the self-service storage facility that are rented to an occupant pursuant to a rental agreement. See Arizona Laws 33-1701
- Lien: A claim against real or personal property in satisfaction of a debt.
- Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
- Occupant: means a person or the person's sublessee, successor or assign that is entitled to the use of the leased space at a self-service storage facility under a rental agreement, to the exclusion of others. See Arizona Laws 33-1701
- Operator: means the owner, operator, lessor or sublessor of a self-service storage facility, an agent or any other person authorized to manage the facility. See Arizona Laws 33-1701
- Personal property: means movable property that is not affixed to land and includes goods, wares, merchandise, household items and furnishings and vehicles. See Arizona Laws 33-1701
- Personal property: All property that is not real property.
- Property: includes both real and personal property. See Arizona Laws 1-215
- Protected property: means personal property for which the sale or disposal is regulated by state or federal law and that is one of the following:
(a) Documents, files or electronic data that contains personal information relating to clients, customers, patients or others in connection with the occupant's business. See Arizona Laws 33-1701
- Rental agreement: means any written agreement provided to the occupant that establishes or modifies the terms, conditions or rules concerning the use and occupancy of leased space at a self-service storage facility. See Arizona Laws 33-1701
- Self-service storage facility: means any real property used for renting or leasing storage spaces in which the occupants themselves customarily store and remove their own personal property on a self-service basis. See Arizona Laws 33-1701
- Verified mail: means any method of mailing that is offered by the United States postal service and that provides evidence of mailing. See Arizona Laws 33-1701
B. The rental agreement shall contain a statement, in at least ten point bold-faced type, advising the occupant:
1. Of the accrual of the lien as of the date the rent is unpaid and due.
2. That property stored in the leased space may be sold or otherwise disposed of if the occupant is in default.
3. That any insurance protecting the personal property stored within the storage space against fire, theft or damage must be provided by the occupant.
4. That a late fee may be charged by the operator for each month that the occupant does not pay rent when due. The rental agreement shall state the date on which rent is due and the date on which the late fee accrues.
C. The rental agreement shall contain a provision requiring the occupant to disclose the following:
1. Any lienholders or secured parties who have an interest in property that is or will be stored in the self-service storage facility.
2. Whether any protected property is or will be stored in the leased space.
D. The operator may impose a reasonable late fee on the occupant for each month the occupant does not pay rent when due. For purposes of this section, a reasonable late fee may be computed as the greater of ten dollars per month or twenty per cent of the amount of monthly rent. Any late fee imposed by the operator pursuant to this section is in addition to any other remedy provided by law or contract.
E. The operator shall provide adequate notice to the occupant before a late fee is imposed. Adequate notice is provided if the rental agreement complies with subsection B or if a notice is sent to the occupant by verified mail that notifies the occupant that a late fee may be charged in any month in which the occupant does not pay rent when due.