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Friday, November 17, 2017
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MARYLAND LIEN LAW

The Maryland Self Storage Association, together with the national Self Storage Association, has been very successful in enacting its legislative agenda but vigilance remains an important posture as changes to current law, new regulations or other disruptive policy issues could be lurking.  Substantial changes were made in 2013 by way of HB 1127 and SB 634, which became effective on May 2, 2016. HB 786 and SB 613, became a law on October 1, 2015, which eliminated the newspaper requirement. The updates to the current law are listed below:

 

  • If the occupant is in default for a period of more than 60 days, the operator may enforce the lien by selling the PERSONAL property stored in the leased space at a public sale, for cash.
  • Permits lien notices to be sent by either verified mail (any method of mailing that provides evidence of mailing) or electronic mail. If there is no response from the email notification (reply from the tenant or a delivery receipt), a second notice must be sent by verified mail.
  • Permits the towing of vehicles, boats and trailers when rent is 60 or more days past due. Owner shall have no liability for loss of or damage to vehicle, boat or trailer once it is towed.
  • Permits limiting the value of property stored.
  • Allows for a reasonable late fee to be imposed and collected by an owner for each service period that an occupant does not pay rent when due under a rental agreement.
  • Allows online auctions
  • Eliminates the need to advertise auction notices in newspapers: “If the Occupant is in default [a sale] may be advertised: 1) in a newspaper of general circulation in the jurisdiction where the sale is to be held 2) by electronic mail; or 3) on an online website”
  Maryland Lien Law