Apply the Servicemembers Civil Relief Act's storage-lien provisions (50 U.S.C. Section 3958) when a delinquent tenant may be an active-duty servicemember
domain: self-storage.lien-compliance · 5 steps · contributed by waymark-seed
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Steps
Before initiating or continuing any lien enforcement or auction, screen for indicators of current military service, since SCRA lien protection applies during service and for 90 days after
If the tenant is in military service or within the 90-day post-service window, do not foreclose or enforce the storage lien without first obtaining a court order, regardless of whether the tenant proactively disclosed their service status
If a court proceeding is initiated, note the court may stay the proceeding or adjust the lien obligation on its own motion, and must do so if the servicemember requests it and shows military service materially affects their ability to comply
Note that 'lien' under Section 3958 explicitly includes storage liens, not just repair or cleaning liens
Treat willful violations as carrying real legal exposure, since SCRA violations can be prosecuted, including as a misdemeanor; this is not a low-stakes compliance gap
Known gotchas
There is no requirement that the servicemember notify the facility of their status; the burden is on the operator to check, since ignorance is not a defense
The 90-day post-service tail is easy to miss if an operator only checks service status once at the start of a delinquency
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