NM
New Mexico Senate Bill SB180

New Mexico 2025 Regular Session

New Mexico Senate Bill SB180 Compare Versions

Only one version of the bill is available at this time.
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2828 SENATE BILL 180
2929 57
3030 TH LEGISLATURE
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4242 FIRST SESSION
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4545 2025
4646 INTRODUCED BY
4747 Linda M. Trujillo
4848 AN ACT
4949 RELATING TO SELF-SERVICE STORAGE; PROVIDING THAT THE LIMIT FOR
5050 THE MAXIMUM VALUE OF STORED PERSONAL PROPERTY ALLOWED FOR IN
5151 RENTAL AGREEMENTS IS DEEMED TO BE THE MAXIMUM VALUE OF THE
5252 STORED PERSONAL PROPERTY; PROVIDING THAT AN ACTION TO SELL
5353 PROPERTY MAY BE TAKEN UPON FORTY-FIVE DAYS OF CONTINUOUS
5454 DEFAULT; ALLOWING THE IMPOSITION OF LATE FEES FOR RENTAL
5555 PAYMENTS IN DEFAULT; PROVIDING FOR AN ALTERNATIVE CONTACT IN A
5656 RENTAL AGREEMENT TO RECEIVE A NOTICE OF INTENT TO ENFORCE A
5757 LIEN; AMENDING REQUIREMENTS FOR THE POSTING OF NOTICE.
5858 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5959 SECTION 1. Section 48-11-3 NMSA 1978 (being Laws 1987,
6060 Chapter 314, Section 3) is amended to read:
6161 "48-11-3. RENTAL AGREEMENT.--
6262 A. The rental agreement shall contain a notice
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9090 stating that all articles stored under the terms of that
9191 agreement will be sold or otherwise disposed of under the terms
9292 and conditions of the Self-Service Storage Lien Act if the
9393 [tenant] occupant is in default. The agreement shall contain a
9494 disclosure provision stating the name and address of any
9595 lienholder with an interest in the property that is or will be
9696 stored in the self-service storage facility. The agreement
9797 shall also contain the address of the [tenant ] occupant.
9898 B. The rental agreement shall include a space for
9999 the occupant to designate an alternative contact, including the
100100 name and the postal or electronic address of the alternative
101101 contact, to receive the notice of intent to enforce a lien
102102 pursuant to Paragraph (2) of Subsection A of Section 48-11-7
103103 NMSA 1978. The failure or refusal of an occupant to designate
104104 an alternative contact shall not affect an occupant's or
105105 owner's rights or remedies under the Self-Service Storage Lien
106106 Act or any other provision of law. The alternative contact, if
107107 any, shall not have any rights to access the storage space or
108108 to the personal property stored in the storage space unless
109109 expressly stated in the rental agreement.
110110 C. For a rental agreement entered into before the
111111 2025 changes made to this section, the owner may comply with
112112 this section by sending a notice to the occupant by verified
113113 mail or electronic mail informing the occupant of the option to
114114 designate an alternative contact to receive the notice of
115115 .230040.1
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143143 intent to enforce a lien pursuant to Paragraph (2) of
144144 Subsection A of Section 48-11-7 NMSA 1978. The notice shall
145145 include a form for the occupant to designate an alternative
146146 contact, including the name and the postal or electronic
147147 address of the alternative contact, and an address where the
148148 occupant may return the completed form ."
149149 SECTION 2. Section 48-11-5 NMSA 1978 (being Laws 1987,
150150 Chapter 314, Section 5) is amended to read:
151151 "48-11-5. LIEN ESTABLISHED.--When an owner has a lien, it
152152 is on all personal property located at the self-service storage
153153 facility for rent, late fees for any rental payments in
154154 default, labor or other charges in relation to the personal
155155 property and for expenses necessary for its preservation or
156156 expenses reasonably incurred in its sale or other disposition
157157 pursuant to the provisions of the Self-Service Storage Lien
158158 Act. The lien attaches as of the date the occupant goes into
159159 default and continues as long as the owner retains possession
160160 of the personal property and until the default is corrected or
161161 a sale is conducted or the property is otherwise disposed of to
162162 satisfy the lien."
163163 SECTION 3. Section 48-11-7 NMSA 1978 (being Laws 1987,
164164 Chapter 314, Section 7, as amended) is amended to read:
165165 "48-11-7. ENFORCEMENT OF LIEN.--
166166 A. An owner's lien, as provided under the Self-
167167 Service Storage Lien Act, for a claim that has become due may
168168 .230040.1
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196196 be satisfied as follows:
197197 (1) after the occupant has been in default
198198 continuously for a period of five days, the owner may deny the
199199 occupant access to the occupant's space for storage;
200200 (2) after the occupant has been in default
201201 continuously for a period of thirty days, the owner may enter
202202 the space and may remove the personal property within it to a
203203 safe place; provided that the owner has sent a notice of intent
204204 to enforce a lien, pursuant to Subsection B of this section, to
205205 the occupant [at the occupant's ] and the alternative contact,
206206 if any, at the last known address of the occupant and
207207 alternative contact within five days of entering the space.
208208 The owner shall also give notice to all lienholders listed in
209209 the disclosure provision in the rental agreement; and
210210 (3) no action to sell [any ] property as
211211 provided in the Self-Service Storage Lien Act shall be taken by
212212 an owner until the occupant has been in default continuously
213213 for a period of [ninety ] forty-five days.
214214 B. The notice of intent to enforce a lien shall
215215 include:
216216 (1) an itemized statement of the owner's claim
217217 showing the sum due at the time of the notice and the date when
218218 the sum became due;
219219 (2) a brief and general statement of the
220220 personal property subject to the lien; [That description shall
221221 .230040.1
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249249 be] provided that the description is reasonably adequate to
250250 permit the person notified to identify the property, except
251251 that any container, including a trunk, valise or box that is
252252 locked, fastened, sealed or tied in a manner that deters
253253 immediate access to its contents, may be so described without
254254 describing its contents;
255255 (3) a notification of denial of access to the
256256 personal property that [notification shall provide ] includes
257257 the name, street address and telephone number of the owner or
258258 the owner's designated agent whom the occupant may contact to
259259 respond to that notification;
260260 (4) a demand for payment within a specified
261261 time, not less than fifteen days after the delivery of the
262262 notice; and
263263 (5) a conspicuous statement that unless the
264264 claim is paid within the time stated in the notice, the
265265 personal property will be advertised for sale or other
266266 disposition and will be sold or otherwise disposed of to
267267 satisfy the owner's lien.
268268 C. All notices made pursuant to this section shall
269269 be by verified mail or electronic mail pursuant to the
270270 occupant's option at the time of entering into the current
271271 rental agreement.
272272 D. An owner shall provide written notice by
273273 verified mail to the [occupant's ] last known address of the
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302302 occupant or alternative contact or by electronic mail to the
303303 [occupant's] last known electronic address of the occupant or
304304 alternative contact. If an owner sends a notice by electronic
305305 mail and does not receive a response, return receipt or
306306 delivery confirmation from the electronic address to which the
307307 notice was sent within three business days after the day on
308308 which the notice was sent, the owner shall deliver a one-time
309309 notice by verified mail to the [occupant's ] last known address
310310 of the occupant or alternative contact .
311311 E. After the expiration of the time given in the
312312 notice of intent to enforce a lien, the owner shall publish an
313313 advertisement of the sale or other disposition of the property
314314 once a week for two consecutive weeks in a newspaper of general
315315 circulation in the county where the self-service storage
316316 facility is located. The advertisement shall include:
317317 (1) a brief and general description of the
318318 personal property reasonably adequate to permit its
319319 identification as provided in Paragraph (2) of Subsection B of
320320 this section, the address of the self-service storage facility
321321 where the personal property is located and the name and last
322322 known address of the occupant; and
323323 (2) the time, place and manner of the sale or
324324 other disposition; provided that the sale or disposition shall
325325 take place [not sooner than ] at least fifteen days after the
326326 first publication.
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355355 If there is no newspaper of general circulation in the
356356 county where the self-service storage facility is located, the
357357 owner shall post the advertisement at least ten days prior to
358358 the sale or other disposition in at least six conspicuous
359359 places in the neighborhood where the self-service storage
360360 facility is located.
361361 F. [Any] A sale or other disposition of the
362362 personal property shall conform to the terms of the
363363 notification as provided for in this section.
364364 G. [Any] A sale or other disposition of the
365365 personal property shall be held at the self-service storage
366366 facility or at the nearest suitable place within the county to
367367 where the personal property is held or stored or may be
368368 conducted on a publicly accessible online website.
369369 H. Before [any] a sale or other disposition of
370370 personal property pursuant to this section is made, the
371371 occupant may pay the amount necessary to satisfy the lien and
372372 the reasonable expenses incurred under this section and thereby
373373 redeem the property. Upon receipt of the payment, the owner
374374 shall return the personal property and thereafter the owner
375375 shall have no liability to any person with regard to that
376376 personal property.
377377 I. A good faith purchaser takes the property free
378378 of any rights of an unsecured lienholder and free of any rights
379379 of a secured lienholder who has received notice by owner as
380380 .230040.1
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408408 provided in this section.
409409 J. In the event of a sale under this section, the
410410 owner may satisfy the owner's lien from the proceeds of the
411411 sale, subject to the rights of any prior lienholder who has not
412412 received notice. The lien rights of such prior lienholder are
413413 automatically transferred to the proceeds of the sale. If the
414414 sale was made in good faith and conducted in a reasonable
415415 manner, the owner shall not be subject to any surcharge for a
416416 deficiency in the amount of a prior secured lien, but shall
417417 hold the balance, if any, for delivery to the occupant,
418418 lienholder or other person in interest. If the occupant,
419419 lienholder or other person in interest does not claim the
420420 balance of the proceeds within two years of the date of sale,
421421 it shall become the property of the owner without further
422422 recourse by the occupant, lienholder or other person in
423423 interest.
424424 K. Nothing in this section affects the rights and
425425 liabilities of the owner, occupant or any other person if there
426426 is a willful violation of any of the provisions of the Self-
427427 Service Storage Lien Act. If the property subject to a lien
428428 described in this section is a vehicle, watercraft or trailer,
429429 the occupant is in default for a continuous sixty-day period
430430 and the owner chose not to sell the vehicle, the owner may have
431431 the vehicle towed from the self-storage facility by an
432432 independent towing carrier that is licensed by the department
433433 .230040.1
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461461 of transportation pursuant to the Motor Carrier Act. Within
462462 one day after the day on which a vehicle is towed, the owner
463463 shall send verified notice to the occupant's last known address
464464 or electronic address that states:
465465 (1) the date the vehicle was towed; and
466466 (2) the address and telephone number of the
467467 person that towed the vehicle.
468468 L. If a rental agreement specifies a limit on the
469469 value of personal property that may be stored in an occupant's
470470 leased space, the limit is deemed to be the maximum value of
471471 the stored personal property.
472472 M. An owner may charge and collect a late fee of no
473473 more than twenty dollars ($20.00) or twenty percent of the
474474 monthly rent, whichever is greater, for each month that the
475475 occupant's rental payment is in default. "
476476 SECTION 4. Section 48-11-8 NMSA 1978 (being Laws 1987,
477477 Chapter 314, Section 8) is amended to read:
478478 "48-11-8. NOTICE--POSTING.--Each owner shall post in a
479479 prominent place in [his ] the owner's office at all times a
480480 notice [which] that reads as follows:
481481 "All articles stored under a rental agreement [which ] that
482482 have incurred unpaid charges for thirty days will be sold
483483 or otherwise disposed of to pay charges at the end of
484484 [ninety] forty-five days."."
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