A. The owner or operator of any hotel, motel, trailer court or campground shall have a lien upon the baggage, personal effects, trailer house, trailer, automobile, motor vehicle and other property placed in or upon the premises of the hotel, motel, trailer court or campground of the owner or operator for the payment of any services and accommodations offered by the owner or operator to the person for transient occupancy, including gas, water, electricity or other things furnished to the person or at the request of the person.

B. For purposes of this section, "transient occupancy" means occupancy of the premises for which rent is paid on less than a weekly basis or by a person who has not manifested an intent to make the occupied premises a residence or to maintain a household on the premises.

History: 1941 Comp., § 63-304a, enacted by Laws 1951, ch. 51, § 1; 1953 Comp., § 61-3-14; Laws 1995, ch. 195, § 26.

Cross references. — For landlord lien under the Uniform Owner-Resident Act, see 47-8-36.1 NMSA 1978.

The 1995 amendment, effective July 1, 1995, added the section heading; designated the existing language as Subsection A; in Subsection A, substituted "motel" for "rooming house, apartment house, rental dwellings, auto court" twice, deleted "rent" preceding "services", inserted "offered by the owner or operator to the person for transient occupancy", and made minor stylistic changes throughout the subsection; and added Subsection B.

Person renting trailer space by the week is not a guest in the sense of those seeking transient accommodations of an innkeeper. Diamond Trailer Sales Co. v. Munoz, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185.

Legislative intention not to give liens priority. — Section 48-3-17 NMSA 1978 which provides that the lien created by 48-3-16 NMSA 1978 "is subject to such priorities of liens as are otherwise provided by law" clearly indicates an intention by the legislature not to give priority of the lien created by this section over other liens. Diamond Trailer Sales Co. v. Munoz, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185.

No precedence over prior recorded mortgage. — A statutory lien does not take precedence over a prior recorded chattel mortgage, unless expressly so provided by statute. Diamond Trailer Sales Co. v. Munoz, 1963-NMSC-104, 72 N.M. 190, 382 P.2d 185.

Law reviews. — For article, "The Warehouseman vs. the Secured Party: Who Prevails When the Warehouseman's Lien Covers Goods Subject to a Security Interest?" see 8 Nat. Res. J. 331 (1968).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Hotels, Motels and Restaurants §§ 187 to 196.

Relation of innkeeper and guests as affected by payment for accommodation by week, month or the like, 12 A.L.R. 261, 145 A.L.R. 363.

Conditional sale, innkeeper's lien, property sold to guest on, 45 A.L.R. 960.

What constitutes a hotel or inn, 53 A.L.R. 988.

Automobile as subject to innkeeper's lien, 56 A.L.R. 1102.

43A C.J.S. Inns, Hotels and Eating Places §§ 18, 19.