AN ACT

 

1Amending the act of December 20, 1982 (P.L.1404, No.325),
2entitled "An act regulating self-service storage and
3providing for owners' liens and the enforcement thereof,"
4further providing for definitions, for enforcement of lien,
5for notice and for limitation on liability of owner.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. The definition of "last known address" in section
92 of the act of December 20, 1982 (P.L.1404, No.325), known as
10the Self-Service Storage Facility Act, is amended and the
11section is amended by adding <-definitions a definition to read:

12Section 2. Definitions.

13The following words and phrases when used in this act shall
14have, unless the context clearly indicates otherwise, the
15meanings given to them in this section:

16* * *

<-17"Electronic mail." An electronic message or executable
18program or a computer file that contains an image of a message
19that is transmitted between two or more computers or electronic

1terminals. The term includes electronic messages that are
2transmitted within or between computer networks.

3"Last known address." That postal address or electronic 
4mailing address provided by the occupant in the latest rental
5agreement or the postal address or electronic mailing address
6provided by the occupant in a subsequent written notice of a
7change of address.

8* * *

9"Verified mail." Any method of mailing that is offered by
10the United States Postal Service or private delivery service
11that provides evidence of mailing.

12Section 2. Section 5(b) of the act is amended and the
13section is amended by adding a subsection to read:

14Section 5. Enforcement of lien.

15* * *

16(b) Rights of owner.--After the occupant has been in default
17continuously for a period of [30] <-7 15 days, the owner shall
18have the right to deny the occupant's access to the leased
19space. The owner may also enter and remove the personal property
20from the leased space to another suitable storage space pending
21its sale or other disposition[.] after the occupant has been in 
22default continuously for a period of 30 or more days.

23(c) Towing right.--If the property upon which the lien is
24claimed is a motor vehicle or watercraft and the property is in
25default for 60 consecutive days, the owner may have the property
26towed. If a motor vehicle or watercraft is towed as authorized
27under this subsection, the <-lienor owner shall not be liable for
28any damages to the motor vehicle or watercraft once the tower
29takes possession of the property.

30Section 3. Section 6(a) of the act is amended to read:

1Section 6. Notice.

2(a) Service.--The owner shall give written notice of the
3default and any other action taken in regard to the occupant's
4property, to the occupant by personal service, verified mail, 
5electronic mail or by certified mail, return receipt requested,
6sent to the occupant's last known address. <-Electronic mail may 
7be used to notify an occupant of the default only if the 
8occupant is informed in the original rental agreement, or by 
9subsequent modification of the agreement, that notification by 
10electronic mail is an authorized means of communication under 
11this subsection. A notice shall be presumed to be served when it
12is deposited with the United States Postal Service and properly
13addressed with postage prepaid or by electronic mail to an 
14electronic mailing address provided by the occupant.

15* * *

16Section 4. Section 15 of the act is amended by adding
17subsections to read:

18Section 15. Limitation on liability of owner.

19* * *

20(c) Limitation of value.--If a rental agreement contains a
21limit on the value of property that may be stored in an
22occupant's space, the limit is deemed to be the maximum value of
23the stored property, provided that this limit provision must be
24printed in bold type or underlined in the rental agreement in
25order to be enforceable.

26(d) Standing.--In addition to remedies otherwise provided by
27law, only the occupant listed on the last known rental agreement
28injured by a violation of this act may bring a civil action to
29recover damages.

30Section 5. This act shall take effect in 60 days.