New Mexico Governor Signs New Self-Storage Lien Law

New Mexico Gov. Susana Martinez signed an update to the state’s self-storage lien law on April 9 that enables storage operators to e-mail tenant-default notifications and conduct lien auctions online. Unlike lien-law bills that have passed in some other states, the final version of Senate Bill 311 doesn’t include a provision allowing operators to place public notifications of lien sales in media other than a local newspaper. That portion of the bill faced stern opposition from the New Mexico Press Association.

New Mexico Gov. Susana Martinez signed an update to the state’s self-storage lien law on April 9 that enables storage operators to e-mail tenant-default notifications and conduct lien auctions online. Unlike lien-law bills that have passed in some other states, the final version of Senate Bill 311 doesn’t include a provision allowing operators to place public notifications of lien sales in media other than a local newspaper. That portion of the bill faced stern opposition from the New Mexico Press Association.

Storage operators must still publish public notices of lien sales once a week for two consecutive weeks in a newspaper of general circulation in the county where the self-storage facility is located. If no local newspaper is available, operators must post advertisements in at least six conspicuous places in the neighborhood around the facility at least 10 days before the auction.

The final version of the bill passed the senate and house unanimously. The updated law was lobbied by the New Mexico Self Storage Association and national Self Storage Association.

In addition to enabling e-mail notifications and online auctions, the new law also allows self-storage operators to have vehicles towed after default reaches 60 days.

Provisions seeking to place a maximum value of stored contents based on value limits expressed in rental agreements, as well as late-fee assessments equal to the greater of $20 or 20 percent of monthly rent, were also removed from the bill approved by the legislature and signed by the governor.

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