Self Storage Laws
Self Storage Law News
Self Storage Mini Storage Industry Forum
There will be sections for owners-operators and also a section for tenants or others to ask questions. It is located at http://forum.storagelienlaws.com
Log in and discuss the news interview about the Self Storage Sale that netted the buyer over a half a million dollars in coins, from a deceased tenant. Discuss at http://forum.storagelienlaws.com/index.php/en/forum/newtopic/9-storage-operations-legals
Industry Professional Tom Litton has articles and discussions on State Self Storage Act Trip Wires.
These articles and discussions are on different state statutes that are a cause for concern and require extra care to make sure the facility does not create a wrongful sale lawsuit opportunity by failing to navigate these Trip Wires. One of the discussions are on Michigan requiring the owner to complete an affidavit for Lien Notices. The expense of a notary for each letter can be astronomical.
Join the discussion at http://forum.storagelienlaws.com/index.php/en/forum/34-state-self-storage-act-trip-wires
Florida Introduces SB 646 - HB 715
Florida Self Storage Lien Improvement Law Passes Legislature Florida Senate unanimously voted to approve the SSA/FL-SSA-backed lien law modernization bill (SB0646 / HB0715). \
It had passed the House February 23rd and is expected to be signed by Gov. Rick Scott in coming weeks.
Barring any unforeseen delays, the law will be effective July 1st, 2012. Primarily it allows operators to utilize cheaper and more effective notification options, as opposed to certified mail, which has been required by law since 1979. Now operators can turn to email (if the tenant provides an email address) or verified mail (certificate of mailing or certified mail). The email will require a proof of delivery either by reply from the sender- or through an e-verification service such as "rpost"... (rpost.com). Certificate of mailing demonstrates a first class letter was deposited with the USPS to the last known address of the tenant.
The bill also requires operators to ask if the occupant is active duty military, a stipulation the industry conceded protects both the business and solder.
GENERAL BILL by Wise
Self-service Storage Facilities:
Revising notice requirements relating to enforcing an owner’s lien; authorizing notice by e-mail or first-class mail, along with a certificate of mailing; providing requirements for e-mail notice; revising provisions relating to when notice given is presumed delivered; requiring rental agreements and applications for rental agreements to contain a provision for the disclosure of the applicant’s membership in the uniformed services, etc.
10/24/2011Senate• Filed
11/16/2011Senate• Referred to Regulated Industries; Judiciary -SJ 55
01/10/2012Senate• Introduced -SJ 55
01/13/2012Senate• On Committee agenda-- Regulated Industries,
01/19/12, 8:15 am, 110 Senate Office Building
01/19/2012Senate• CS by Regulated Industries; YEAS 10 NAYS 0 -SJ 253
01/20/2012Senate• Pending reference review under Rule 4.7(2) - (Committee Substitute) • CS by Regulated Industries read 1st time -SJ 256
01/23/2012Senate• Now in Judiciary -SJ 253 02/15/2012Senate• On Committee agenda-- Judiciary,
02/20/12, 10:30 am, 110 Senate Office Building
02/20/2012Senate• Favorable by- Judiciary; YEAS 7 NAYS 0 -SJ 523 • Placed on Calendar, on 2nd reading -SJ 523
03/06/2012Senate• Placed on Special Order Calendar, 03/08/12
03/08/2012Senate• Read 2nd time -SJ 975 • Substituted CS/HB 715 -SJ 975 • Laid on Table, refer to CS/HB 715 -SJ 975
Nevada's SB150 is now law as of October 1 2011.
Now there are some issues that are brought forward through this legislation like with emails.
According to the law. For an email to be valid, the sender must receive a receipt. If the receiver of the email does not acknowledge the receipt, (as many email programs allow the email recipient to not send a receipt even though requested), the email is not a valid form of communication of the lien. SB150 “Electronic mail” means an electronic message, executable program or computer file which contains an image of a message that is transmitted between two or more computers or electronic terminals, or within or between computer networks and from which a confirmation of receipt is received
See Image at http://storagelienlaws.com/images/images/email1.jpg and you can see where the email receiver can chose to not send the receipt therefore any email sent does not count as authorized communication.
Most facilities would be better off not asking for an email address.
Nevada facilities need to update their Rental Agreements for the provision:
(c) A provision requiring the occupant to:
(1) Disclose to the owner any items of protected property in the storage space.
(2) If the occupant is subject to mandatory licensing, registration, permitting or other professional or occupational regulation by a governmental agency, board or commission and the protected property to be stored is related to the practice of that profession or occupation by the occupant, provide written notice to that agency, board or commission stating that the occupant is storing protected property at the facility, identifying the general type of protected property being stored at the facility and providing complete contact information for the facility. The occupant shall give the owner a copy of any written notice provided to such an agency, board or commission.
Free Self Storage Webinars Coming Soon with Industry Professional Tom Litton Check back here and on the Self Storage Forum for more information.
Death of a Storage Tenant
We have added a new article section for probate and property distributions for each state. I will be adding each state as soon as possible.
Some of the changes to lien laws are removing the lien sale advertising in the newspaper requirement.
I was little unsure these changes but after talking with the Stockton Record and seeing the article in the Wall Street Journal, it makes sense to move the lien sale advertising requirement from the printed version.
Nobody from the Stockton Record could explain why it would be important to keep the newspaper legal advertisement requirements.
It seems newspaper industry is heading in the same direction as the post office.
From the WSJ.com Sector :
Newspaper Publishing Revenue 2010 (in millions):$40,726 Decline 2000-2010: -35.9% Forecast Decline 2010-2016:-18.8%
Establishments 2010: 6,128 Decline 2000-2010 Forecast: -28.6% Decline 2010-2016: -17.6%
The newspaper industry was able to fake their importance with a senator from southern California by claiming the storage facilities potential for mischief is limitless and the newspaper in the judicial district deputizes the entire community. http://www.cnpa.com/files//SB%20279.pdf Our city of almost 300,000 there is a subscription rate of under 5%, I do not see how that can deputize the entire community.
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Self Storage Industry on Television:
Shows like Storage Wars on A&E , and Auction Hunters on Spike have brought a lot of attention to the lien process of the storage industry. People need to remember it is television with editing and staging of some events. Just because a vehicle was shown to be sold as parts in California, does not mean it really happened that way.