Tennessee § 66-31-104 - Owner's lien on stored property.

§ 66-31-104. Owner's lien on stored property.

The owner of a self-service storage facility and the owner's heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a 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 or other disposition pursuant to this chapter. The lien provided for in this section is superior to any other lien or security interest, except those which are perfected and recorded in the state in the name of the occupant during the term of the rental agreement and except any tax lien as otherwise provided by law. The lien attaches when personal property is placed in the leased space. The rental agreement shall contain a statement in bold type notifying the occupant of the existence of the lien and the method of its enforcement. The rental agreement shall also include the late fee, if any, and when it may be imposed. If the rental agreement contains a limit on the value of property stored in the occupant's storage space, the limit shall be deemed to be the maximum value of the property stored in that space. The owner may also 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 is not more than the greater of twenty dollars ($20.00) a month or twenty percent (20%) of monthly rent. Any late fee imposed by the owner pursuant to this section is in addition to any other remedy provided by law or contract. The owner 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 at the last known address and notifies the occupant that a late fee may be charged for any month in which the occupant does not pay rent when due. Acts 1980, ch. 717, § 4; T.C.A., § 64-3104; Acts 2011, ch. 131, §§ 7, 8. Compiler's Notes. Acts 2011, ch. 131, § 19 provided that the act, which amended present subsection (a) and added subsections (b)-(d), shall apply to each rental agreement made or renewed after July 1, 2011. Law Reviews. Property Rights, Property Wrongs, and Chattel Disposession under Self-Storage Leases (Jeffrey Douglas Jones), 78 Tenn. L. Rev. 1015 (2011).