Mass. Gen. Laws ch. 105A, sec. 3 — MA Code / Part I / Title XV / Chapter 105A / Section 3
Lien on personal property; contents of rental agreement
Status: in_force

Section 3. 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 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: (a) that property stored in the leased space is not insured by the operator against loss or damage; (b) of the existence of the lien; (c) that property stored in the leased space may be sold to satisfy the lien if the occupant is in default; (d) if the rental agreement contains a limit on the value of property stored in the lessee's storage space, the limit is deemed to be the maximum value of the property stored in that space and the maximum liability of the operator for any claim; and (e) 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. If the operator offers notice by electronic mail, the rental agreement shall, in bold typeface, contain an affirmative statement that the occupant may agree to receive notice by electronic mail only. If the occupant chooses to receive notices by electronic mail only, the occupant's assent shall be indicated in the rental agreement.

Section 3. 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 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: (a) that property stored in the leased space is not insured by the operator against loss or damage; (b) of the existence of the lien; (c) that property stored in the leased space may be sold to satisfy the lien if the occupant is in default; (d) if the rental agreement contains a limit on the value of property stored in the lessee's storage space, the limit is deemed to be the maximum value of the property stored in that space and the maximum liability of the operator for any claim; and (e) 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. If the operator offers notice by electronic mail, the rental agreement shall, in bold typeface, contain an affirmative statement that the occupant may agree to receive notice by electronic mail only. If the occupant chooses to receive notices by electronic mail only, the occupant's assent shall be indicated in the rental agreement.