Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 7 - OWNER'S LIEN FOR RENT ON PERSONAL PROPERTY IN SELF-STORAGE FACILITY (§§ 85-7-121 — 85-7-129) › Section 85-7-127 - Satisfaction of lien; sale of property

(1)
Before any sale or other disposition of personal property pursuant to Sections
85-7-121
through
85-7-129
, the occupant may pay the amount necessary to satisfy the owner's lien and the reasonable expenses incurred under Sections
85-7-121
through
85-7-129
, and thereby redeem the personal property. Upon the payment and satisfaction of the amount necessary to satisfy the lien and the reasonable expenses incurred under Sections
85-7-121
through
85-7-129
, the owner shall return the personal property and thereafter the owner shall have no liability to any person with respect to such personal property. Unless the rental agreement specifically provides otherwise and until a sale under Sections
85-7-121
through
85-7-129
, the exclusive care, custody and control of all personal property stored in the leased space remains vested in the occupant.
(2)
The owner may buy at any sale of personal property to enforce the owner's lien.
(3)
A purchaser in good faith of the personal property sold to satisfy the owner's lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the owner with the requirements of this section.
(4)
In the event of a sale under Sections
85-7-121
through
85-7-129
, the owner may satisfy his lien from the proceeds of the sale but shall hold the balance, if any, for delivery on demand to the occupant. In no event shall the owner's liability exceed the proceeds of the sale. If the occupant does not claim the balance of the proceeds within one (1) year of the date of the sale, such balance shall be deemed to be abandoned and the owner shall pay such balance to the Treasurer of the State of Mississippi, in accordance with the Uniform Disposition of Unclaimed Property Act.
(5)
(a)
If the personal property subject to the owner's lien is a vehicle, watercraft, or trailer and rent or other charges remain unpaid for sixty (60) days, the owner may have the vehicle, watercraft, or trailer towed from the self-storage facility. This removal shall not release the owner's lien. The owner shall not be liable for any damages to the vehicle, watercraft, or trailer once the tower takes possession of the property.
(b)
Not less than ten days before having personal property towed pursuant to this section, an owner shall notify the occupant by regular mail or electronic mail at the occupant's last known address and shall include the name, address, and telephone number of the tower and the owner or his designated agent.
(6)
Nothing in this article shall be construed as in any manner impairing or affecting the right of parties to create additional rights, duties, and obligations in and by virtue of a rental agreement. In addition to the rights and remedies set forth in this article, the owner has the same rights of and remedies available to a creditor or landlord.
Laws, 1988, ch. 595, § 4, eff. 7/1/1988.
Amended by Laws, 2020, ch. 353, HB 1138,§ 4, eff. 7/1/2020.