Can I file a mechanic's lien for unpaid storage fees?

Full question:

I own a campground and a customer refuses to pay the storage bill (a year of storage is at stake). The couple is now getting a divorce, one has gone to prison and the other refuses to pay, but wants the camper. Could I file a mechanic's lien?

Answer:

If you provide storage for a fee, you may have a warehouseman's lien, which allows you to claim the stored property until payment is made. A mechanic's lien, however, applies to work done to improve or repair property, not storage fees.

You might consider pursuing a breach of contract claim for the unpaid storage fees. Additionally, you could contact local law enforcement to understand the process for selling abandoned property, as this can vary by location.

A lien is a legal claim against property to secure payment of a debt related to that property. It can arise from law or a contract. There are two main types of liens: particular and general. A particular lien allows you to retain possession of the property until the debt is settled.

To establish a valid lien, you generally need to have possession of the property and a legal right to the lien based on an agreement. In some cases, if the debt remains unpaid, you may be able to foreclose on the property. Liens can be removed by paying the owed amount, which can happen up until the sale of the property is finalized.

In Ohio, a warehouser has a lien for storage charges under Ohio Revised Code § 1307.14. This lien covers charges for storage, transportation, and related expenses for goods in their possession.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, self storage is considered a type of commercial real estate. It involves properties that are used for business purposes, specifically for storing personal or business belongings. These facilities generate income through rental agreements with customers. The classification as commercial real estate means that different zoning laws and regulations may apply compared to residential properties.