North Carolina Self-Service Storage Facility

North Carolina General Statutes Annotated 
Chapter 44A. Statutory Liens and Charges
Article 4. Self-Service Storage Facilities
§ 44A-41. Self-service storage facility owner entitled to lien
§ 44A-42. When self-service storage facility lien arises and terminates
§ 44A-44. Right of redemption; good faith purchaser's right; disposition of proceeds; lienor's liability
§ 44A-44.1. Possession vested in occupant
§ 44A-45. Article is supplemental to lien created by contract
§ 44A-46. Application

§ 44A-41. Self-service storage facility owner entitled to lien

The owner of a self-service storage facility has a lien upon all personal property stored at the facility for rent, expenses necessary for the preservation of the personal property, and expenses reasonably incurred in the sale or other disposition of the personal property pursuant to this Article. This lien shall not have priority over any security interest which is perfected at the time the occupant stores the property at the self-service storage facility. For purposes of this Article, to identify an existing security interest in stored property, the owner shall conduct an online search for Uniform Commercial Code financing statements filed with the Office of the Secretary of State in the name of the occupant.

§ 44A-42. When self-service storage facility lien arises and terminates

The lien conferred under this Article arises only when the owner acquires possession of the property stored in the self-service storage facility; and it shall terminate when the owner relinquishes possession of the property upon which the lien might be claimed, or when the occupant or any other person having a security or other interest in the property tenders prior to sale the amount of the rent, plus the expenses incurred by the owner for the preservation of the property. The reacquisition of possession of the property stored in the self-service storage facility, which was relinquished, shall not reinstate the lien.

§ 44A-44. Right of redemption; good faith purchaser's right; disposition of proceeds; lienor's liability

(a) Before the sale authorized by G.S. 44A-43, or other disposition of the property, the occupant may pay the amount necessary to satisfy the lien plus the reasonable expenses incurred by the owner for the preservation of the property and thereby redeem the property. Upon receipt of such payment, the owner shall return the personal property to the occupant; and thereafter shall have no further claim against such personal property on account of the lien which was asserted. The partial payment of rent or other charges shall not satisfy the lien or stop or delay the owner's right to sell the occupant's property unless the owner agrees to satisfaction or a stop or delay in a writing signed by the owner.
(b) A purchaser in good faith, and without knowledge of any defect in the sale of the personal property sold to satisfy a lien provided for in this Article takes the property free of any rights of persons against whom the lien was valid.
(c) Proceeds of a sale under this section shall be applied as follows:
(1) Payment of reasonable expenses incurred in connection with the sale;
(2) Payment of the obligation secured by any security interest that was perfected at the time the occupant stored the property at the self-service storage facility;
(3) Payment of the obligation secured by the self-service storage facility lien;
(4) Any balance shall be paid to the occupant or other person lawfully entitled thereto; but if such person cannot be found, the balance shall be paid to the clerk of superior court of the county in which the sale took place, to be held by the clerk for the person entitled thereto.
(d) If the lienor fails to comply substantially with any of the provisions of this section, he shall be liable to the occupant or any other party injured by such noncompliance in the sum of one hundred dollars ($100.00), together with reasonable attorney's fees as awarded by the court. Damages provided by this section shall be in addition to actual damages to which any party is otherwise entitled.

§ 44A-44.1. Possession vested in occupant

Unless the rental agreement specifically provides otherwise, the exclusive care, custody, and control of all personal property stored in a storage space at a self-service storage facility shall remain vested in the occupant until the property is sold as provided in this Article or otherwise disposed of. The owner of a self-service storage facility is a commercial landlord who rents space. Unless the rental agreement specifically provides otherwise, while the personal property remains on the owner's premises, the owner is liable for damage caused by the intentional acts or negligence of the owner or the owner's employees.

§ 44A-45. Article is supplemental to lien created by contract

Nothing in this Article shall be construed as in any manner impairing or affecting the right of parties to create liens by contract or agreement.

§ 44A-46. Application

All rental agreements entered into before September 1, 1982, and not extended or renewed after that date, and the rights and duties and interests flowing from them, shall remain valid, and may be enforced or terminated in accordance with their terms or as permitted by any other law of this State.

N.C.Gen.Stat.Ann. 44A-41 - 44A-46