As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Self-service storage facility", any real property used for renting or leasing individual storage spaces in which the occupants themselves customarily store and remove their own personal property on a "self-service" basis.
"Rental agreement", any written agreement that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a self-service storage facility.
"Leased space", the individual storage space at the self-service facility which is rented to an occupant pursuant to a rental agreement.
"Occupant", a person, a sublessee, successor, or assign, entitled to the use of a leased space at a self-service storage facility under a rental agreement.
"Operator", the owner, operator, lessor or sublessor of a self-service storage facility, an agent or any other person authorized to manage the facility and shall not mean a warehouseman, unless the operator issues a warehouse receipt, bill of lading, or other document of title for the personal property stored.
"Personal property", movable property, not affixed to land, including but not limited to, goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings.
"Default", the failure to perform on time any obligation or duty set forth in the rental agreement.
Last known address", that address provided by the occupant in the rental agreement or the address provided by the occupant in a subsequent written notice of a change of address.
The operator may only lease space in a self-service storage facility by entering in to a rental agreement with an occupant.
An operator may not knowingly permit a leased space at a self-service storage facility to be used for residential purposes.
An occupant may not use a leased space for residential purposes.
The operator of a self-service storage facility shall have a lien on all personal property stored within each leased space for rent, labor, insurance or other charges in relationship to the property and for expenses necessary for the preservation of the property or reasonably incurred in its sale pursuant to this chapter.
An operator shall lose such lien on any goods which such operator voluntarily delivers or which he unjustifiably refuses to deliver.
The rental agreement shall contain a statement, in bold type, advising the occupant:
After default, an operator's lien may be enforced by selling the property stored in the leased space at a public or private sale, but only in accordance with the following procedure:
If an occupant is in default for a period of five days or more, the operator may deny the occupant access to the leased space in a reasonable and peaceable manner; provided, however, that the occupant may have access at any time for the sole purpose of viewing the contents of his leased space in order to verify the contents therein.
Unless otherwise specifically provided, all notices required by this chapter shall be sent by certified mail. Notices sent to the operator shall be sent to the self-service storage facility where the occupant's property is stored. Notices to the occupant shall be sent to the occupant at the occupant's last known address. Except in the case of certified mail, notices shall be deemed delivered when deposited with the United States Postal Service, properly addressed as provided in the second paragraph, with postage paid.
Except as otherwise provided herein or as stated in the rental agreement, the exclusive care, custody and control of all property stored in the leased self-service space shall vest in the occupant until a lien sale under the provisions of this chapter.
Any violation by an operator of the provisions of this chapter shall be deemed unfair or deceptive acts or trade practices under the provisions of chapter ninety-three A.
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