Subdivision 1. Creation. The owner of a self-service storage facility has a lien against the occupant on the personal property stored under a rental agreement in a storage space at the self-service storage facility, or on the proceeds of the personal property subject to the defaulting occupant's rental agreement in the owner's possession. The lien is for rent, labor, and other charges in relation to the personal property specified in the rental agreement that have become due and for expenses necessary for the preservation of the personal property or expenses reasonably incurred in the sale or other disposition of the personal property under law. The lien provided for in this section is superior to other security interests except those perfected before the date the lien attaches.
Subd. 2. Attachment. The owner's lien created by this section attaches as of the date the occupant is in default unless the occupant obtains a court order to recover possession of personal property in the self-service storage facility. No lien is created under subdivision 1 or shall attach under this subdivision to any personal property listed under subdivision 5, unless the occupant fails to remove the personal property before the sale authorized by section 514.973. An owner loses the lien on personal property that the owner permits to be removed from the self-service storage facility or unjustifiably refuses to permit to be removed from the facility.
Subd. 3. Security deposits. No lien is created under subdivision 1 if the owner has possession of a security deposit sufficient to cover rents and other charges at the time of an alleged default.
Subd. 4. Denial of access. Upon default, the owner shall mail notice of default as provided under section 514.974. The owner may deny the occupant access to the personal property contained in the self-service storage facility after default, service of the notice of default, expiration of the date stated for denial of access, and application of any security deposit to unpaid rent.
Subd. 5. Access to certain items. (a) Any occupant may remove from the self-storage facility personal papers and health aids upon demand made to any of the persons listed in section 514.976, subdivision 1.
(b) An occupant who provides documentation from a government or nonprofit agency or legal aid office that the occupant is a recipient of relief based on need, is eligible for legal aid services, or is a survivor of domestic violence or sexual assault may remove, in addition to the items provided in paragraph (a), personal clothing of the occupant and the occupant's dependents and tools of the trade that are necessary for the livelihood of the occupant that has a market value not to exceed $125 per item.
(c) The occupant shall present a list of the items and may remove the items during the facility's ordinary business hours prior to the sale authorized by section 514.973. If the owner unjustifiably denies the occupant access for the purpose of removing the items specified in this subdivision, the occupant is entitled to request relief from the court for an order allowing access to the storage space for removal of the specified items. The self-service storage facility is liable to the occupant for the costs, disbursements, and attorney fees expended by the occupant to obtain this order.
(d) For the purposes of this subdivision, "relief based on need" includes but is not limited to receipt of a benefit from the Minnesota family investment program and diversionary work program, medical assistance, general assistance, emergency general assistance, Minnesota supplemental aid, Minnesota supplemental aid housing assistance, MinnesotaCare, Supplemental Security Income, energy assistance, emergency assistance, Supplemental Nutrition Assistance Program benefits, earned income tax credit, or Minnesota working family tax credit. Relief based on need can also be proven by providing documentation from a legal aid organization that the individual is receiving legal aid assistance, or by providing documentation from a government agency, nonprofit, or housing assistance program that the individual is receiving assistance due to domestic violence or sexual assault.
1988 c 425 s 3; 2014 c 215 s 4; 1Sp2021 c 4 art 6 s 26,27
Structure Minnesota Statutes
Chapters 500 - 515B — Property And Property Interests
Chapter 514 — Liens Against Property
Section 514.01 — Mechanics, Laborers And Material Suppliers.
Section 514.02 — Nonpayment For Improvement; Penalties And Remedies.
Section 514.03 — Extent And Amount Of Lien.
Section 514.04 — Lines Of Railway, Telegraph, Or Similar Projects.
Section 514.05 — When Lien Attaches; Notice.
Section 514.06 — Title Of Vendor Or Consenting Owner, Subject To.
Section 514.07 — Payments Withheld; Lien Waivers.
Section 514.08 — Statement; Notice; Necessity For Recording; Contents.
Section 514.09 — Two Or More Buildings.
Section 514.10 — Foreclosure Of Liens.
Section 514.11 — Commencement Of Action; Proceedings.
Section 514.12 — Notice Of Lis Pendens.
Section 514.13 — Statutory Lienholder Rights; Nonexclusive.
Section 514.135 — Computation Of Interest On Claims.
Section 514.14 — Postponement, Judgment, Subrogation.
Section 514.15 — Judgment, Sale, Redemption.
Section 514.16 — Severance Of Building, Resale, Receiver.
Section 514.19 — Right Of Detainer.
Section 514.21 — Sale, When And Where Made; Notice.
Section 514.22 — Conduct Of Sale.
Section 514.221 — Creation; Perfection; Enforceability.
Section 514.40 — Liens, Preference.
Section 514.41 — Lien Statement, Filing; Assignment Of Lien.
Section 514.42 — Termination Of Lien.
Section 514.43 — Action; Attachment.
Section 514.44 — Allowance And Issue Of Writ.
Section 514.45 — Contents And Levy Of Writ.
Section 514.46 — Logs Scaled To Officer; Where Held; Fees.
Section 514.47 — Pleadings; Priority Of Liens.
Section 514.48 — Discharge Of Attachment; Bond.
Section 514.49 — Findings, Judgment, Costs.
Section 514.50 — Execution Sale.
Section 514.51 — Obstructing Or Intermixed Logs.
Section 514.54 — Timber Cut In Other States.
Section 514.55 — Stray Timber Secured In Other States.
Section 514.56 — Preservation And Enforcement.
Section 514.57 — Commissioner Of Natural Resources; Lien For Charges.
Section 514.58 — Sale And Distribution Of Proceeds.
Section 514.59 — Wages, Lien As Against Seizure.
Section 514.60 — Notice To Sheriff; Property Held.
Section 514.61 — Death Or Dissolution Of Employer.
Section 514.661 — Lien For Rental Value Of Farm Machinery During Mediation.
Section 514.67 — Inspections, Examinations, Or Other Governmental Services.
Section 514.671 — Definitions.
Section 514.672 — Environmental Lien.
Section 514.673 — Environmental Lien Notice.
Section 514.674 — Lien Enforcement; Limitation.
Section 514.675 — Lien Does Not Affect Other Remedies.
Section 514.676 — Amounts Received To Satisfy Lien.
Section 514.68 — Lien For Hospital Charges.
Section 514.69 — File With County.
Section 514.70 — County To Provide Record.
Section 514.73 — Liens Assignable.
Section 514.74 — Inaccuracies In Lien Statement.
Section 514.75 — Promissory Note; Effect.
Section 514.76 — Satisfaction; Penalty For Refusal.
Section 514.77 — Liens For Launderers.
Section 514.78 — Notification Of Owner; Sale.
Section 514.79 — Balance Of Proceeds Of Sale; Payment Of.
Section 514.93 — Summary Sale Of Unclaimed Animal; Notice; Proceeds; Record.
Section 514.94 — Rights Of Detainer, Lien And Sale Of Animals.
Section 514.945 — Agricultural Producer's Lien.
Section 514.963 — Crop Lien Definitions.
Section 514.964 — Agricultural Lien On Crops.
Section 514.965 — Livestock Lien Definitions.
Section 514.966 — Agricultural Lien On Livestock.
Section 514.971 — Definitions.
Section 514.972 — Lien Against Property.
Section 514.973 — Enforcement Of Lien.
Section 514.974 — Additional Notification Requirement.
Section 514.975 — Rental Agreements.
Section 514.976 — Disclosure And Actions.
Section 514.977 — Additional Remedies.
Section 514.978 — Waiver Or Modification Prohibited.
Section 514.979 — Advertising.
Section 514.980 — Medical Assistance Liens; Definitions.
Section 514.981 — Medical Assistance Lien.
Section 514.982 — Medical Assistance Lien Notice.
Section 514.983 — Lien Enforcement; Limitation.
Section 514.984 — Lien Does Not Affect Other Remedies.