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 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 days, the owner shall have
18the right to deny the occupant's access to the leased space. The
19owner may also enter and remove the personal property from the
20leased space to another suitable storage space pending its sale
21or other disposition[.] after the occupant has been in default 
22continuously 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 shall not be liable for any
28damages to the motor vehicle or watercraft once the tower takes
29possession 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. A notice shall be
7presumed to be served when it is deposited with the United
8States Postal Service and properly addressed with postage
9prepaid or by electronic mail to an electronic mailing address 
10provided by the occupant.

11* * *

12Section 4. Section 15 of the act is amended by adding
13subsections to read:

14Section 15. Limitation on liability of owner.

15* * *

16(c) Limitation of value.--If a rental agreement contains a
17limit on the value of property that may be stored in an
18occupant's space, the limit is deemed to be the maximum value of
19the stored property, provided that this limit provision must be
20printed in bold type or underlined in the rental agreement in
21order to be enforceable.

22(d) Standing.--In addition to remedies otherwise provided by
23law, only the occupant listed on the last known rental agreement
24injured by a violation of this act may bring a civil action to
25recover damages.

26Section 5. This act shall take effect in 60 days.