(1)  When an owner and an occupant enter into a rental agreement, the owner and the owner’s heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at the self-service storage facility for rent, labor, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale under this chapter.

Terms Used In Utah Code 38-8-2

  • Default: means the failure to perform in a timely manner any obligation or duty described in this chapter or the rental agreement. See Utah Code 38-8-1
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Occupant: means a person, or the person's sublessee, successor, or assignee, entitled to the use of a storage space at a self-service storage facility under a rental agreement, to the exclusion of others. See Utah Code 38-8-1
  • Owner: means :
(a) the owner, operator, lessor, or sublessor of a self-service storage facility;
(b) an agent of a person described in Subsection (7)(a); or
(c) any other person authorized by a person described in Subsection (7)(a) to manage the facility or to receive rent from an occupant under a rental agreement. See Utah Code 38-8-1
  • Personal property: means movable property not affixed to land and includes goods, merchandise, and household items. See Utah Code 38-8-1
  • Personal property: All property that is not real property.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Rental agreement: means any written agreement or lease that establishes or modifies the terms, conditions, rules, or any other provisions relating to the use and occupancy of a unit or space at a self-service storage facility. See Utah Code 38-8-1
  • Self-service storage facility: means real property designed and used for the purpose of renting or leasing individual storage space to occupants who have access to the facility for the purpose of storing personal property. See Utah Code 38-8-1
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (2)  The lien described in Subsection (1) attaches on the date the personal property is brought to the self-service storage facility and continues so long as the owner retains possession and until any default is corrected or a sale pursuant to a default is conducted to satisfy the lien.

    (3)  A rental agreement shall state that:

    (a)  an owner is entitled to sell all personal property stored at the self-service storage facility pursuant to the rental agreement if the occupant is in default for a continuous 30-day period; and

    (b)  the occupant shall disclose to the owner any lienholders that have an interest in the property that will be stored at the self-service storage facility.

    (4)  If a rental agreement states a maximum, aggregate value of the personal property that may be stored at the occupant’s storage space, the occupant may not assert that the value of the personal property actually stored at the occupant’s storage space exceeds the maximum amount stated in the rental agreement.

    (5) 

    (a)  Before an owner takes enforcement action under Section 38-8-3, the owner shall determine if a financing statement filed in accordance with 5, has been filed with the Division of Corporations and Commercial Code concerning the property to be sold.

    (b)  A security interest evidenced by a financing statement filed in accordance with 5, has priority over the lien provided by this section.

    Amended by Chapter 163, 2013 General Session

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