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 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"Last known address." That postal address or electronic 
18mailing address provided by the occupant in the latest rental
19agreement or the postal address or electronic mailing address

1provided by the occupant in a subsequent written notice of a
2change of address.

3* * *

4"Verified mail." Any method of mailing that is offered by
5the United States Postal Service or private delivery service
6that provides evidence of mailing.

7Section 2. Section 5(b) of the act is amended and the
8section is amended by adding a subsection to read:

9Section 5. Enforcement of lien.

10* * *

11(b) Rights of owner.--After the occupant has been in default
12continuously for a period of [30] <-15 20 days, the owner shall
13have the right to deny the occupant's access to the leased
14space. The owner may also enter and remove the personal property
15from the leased space to another suitable storage space pending
16its sale or other disposition[.] after the occupant has been in 
17default continuously for a period of 30 or more days.

18(c) Towing right.--If the property upon which the lien is
19claimed is a motor vehicle or watercraft and the property is in
20default for 60 consecutive days, the owner may have the property
21towed. If a motor vehicle or watercraft is towed as authorized
22under this subsection, the owner shall not be liable for any
23damages to the motor vehicle or watercraft <-once the not caused
24by any negligence of the owner once an adequately insured or
25bonded tower takes possession of the property.

26Section 3. Section 6(a) of the act is amended to read:

27Section 6. Notice.

28(a) Service.--The owner shall give written notice of the
29default and any other action taken in regard to the occupant's
30property, to the occupant by personal service, verified mail,
 

1electronic mail or by certified mail, return receipt requested,
2sent to the occupant's last known address. <-Electronic mail may 
3be used to notify an occupant of the default only if the 
4occupant is informed in the original rental agreement, or by 
5subsequent modification of the agreement, that notification by 
6electronic mail is an authorized means of communication under 
7this subsection. A notice shall be presumed to be served when it
8is deposited with the United States Postal Service and properly
9addressed with postage prepaid[.]<-or by electronic mail to an 
10electronic mailing address provided by the occupant. <-For 
11purposes of notice of default, electronic mail may be used to 
12notify an occupant of the default only if all of the following 
13apply:

14(1) The occupant is informed in the original rental
15agreement, or by subsequent modification of the agreement,
16that notification by electronic mail is an authorized means
17of communication under this subsection.

18(2) The occupant affirmatively consents to be contacted
19using electronic means and to promptly advise owner of any
20change in the occupant's e-mail address.

21(3) The occupant affirmation consenting to electronic
22means of communication and to promptly advise owner of any
23change in the occupant's e-mail address is printed in bold
24type or underlined in the rental agreement.

25* * *

26Section 4. Section 15 of the act is amended by adding
<-27subsections a subsection to read:

28Section 15. Limitation on liability of owner.

29* * *

30(c) Limitation of value.--If a rental agreement contains a

1limit on the value of property that may be stored in an
2occupant's space, the limit is deemed to be the maximum value of
3the stored property, provided that this limit provision must be
4printed in bold type or underlined in the rental agreement in
5order to be enforceable.

<-6(d) Standing.--In addition to remedies otherwise provided by
7law, only the occupant listed on the last known rental agreement
8injured by a violation of this act may bring a civil action to
9recover damages.

10Section 5. This act shall take effect in 60 days.