Regular Session 2019-2020 House Bill 1756 P.N. 2941

PRIOR PRINTER'S NO. 2347

PRINTER'S NO. 2941

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1756

Session of

2019

INTRODUCED BY GILLESPIE, JONES, ROTHMAN, MILLARD, JOZWIAK,

ZIMMERMAN, B. MILLER AND BERNSTINE, AUGUST 16, 2019

AS REPORTED FROM COMMITTEE ON COMMERCE, HOUSE OF

REPRESENTATIVES, AS AMENDED, NOVEMBER 21, 2019

AN ACT

Amending the act of December 20, 1982 (P.L.1404, No.325),

entitled "An act regulating self-service storage and

providing for owners' liens and the enforcement thereof,"

further providing for owner's lien, for enforcement of lien,

for notice, for advertisement of sale and for location of

sale.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 4, 5(b) and (c), 6(a) introductory

paragraph, 7(a) introductory paragraph and 8 of the act of

December 20, 1982 (P.L.1404, No.325), known as the Self-Service

Storage Facility Act, are amended to read:

Section 4. Owner's lien.

(a) Owner's lien.--The owner of a self-service storage

facility and his heirs, executors, administrators, successors

and assigns shall have a lien upon all personal property, while

located at a self-service storage facility, for rent, labor,

late fees or other charges, present or future, incurred for

storing said property, and for expenses necessary for its

<--

preservation or expenses reasonably incurred in its sale or

other disposition pursuant to this act. The lien provided for in

this section is superior to any other lien or security interest;

however any lien existing prior to the date the personal

property was placed at the self-service storage facility

supersedes any lien of the owner. The lien attaches as of the

date the personal property is placed at the self-service storage

facility and the rental agreement shall contain a statement in

bold type notifying the occupant of the existence of the lien.

(b) Late fee.--An owner may charge the occupant a reasonable

late fee for each month the occupant does not pay rent or other

charges when due. A late fee of $20 per month or 20% of the

monthly rent for the leased space, whichever is greater, shall

be reasonable and shall not constitute a penalty. An owner may

not charge a late fee under this subsection unless the owner

discloses in the rental agreement the amount of the fee and the

timing for charging the fee. A late fee may be charged in

addition to any other expense incurred by the owner provided by

law or contract.

Section 5. Enforcement of lien.

* * *

(b) Rights of owner.--After the occupant has been in default

continuously for a period of [20] five days, the owner shall

have the right to deny the occupant's access to the leased

space. The owner may also enter and remove the personal property

from the leased space to another suitable storage space pending

its sale or other disposition after the occupant has been in

default continuously for a period of 30 or more days.

claimed is a motor vehicle, trailer or watercraft and the

20190HB1756PN2941 - 2 -

[property] occupant is in default for 60 consecutive days, the

owner may have the property towed. If a motor vehicle, trailer

or watercraft is towed as authorized under this subsection, the

owner shall not be liable for any damages to the motor vehicle,

TRAILER or watercraft not caused by any negligence of the owner

once an adequately insured or bonded tower takes possession of

the property.

Section 6. Notice.

(a) Service.--The owner shall give written notice of the

default and any other action taken in regard to the occupant's

property, to the occupant by personal service, verified mail,

electronic mail or by certified mail, return receipt requested,

sent to the occupant's last known address. A notice shall be

presumed to be served when it is deposited with the United

States Postal Service or private delivery service and properly

addressed with postage prepaid or by electronic mail to an

electronic mailing address provided by the occupant. For

purposes of notice of default, electronic mail may be used to

notify an occupant of the default only if all of the following

apply:

* * *

Section 7. Advertisement of sale.

(a) Publication.--After the expiration of the time stated in

the notice and if the personal property has not otherwise been

disposed of, the owner shall cause an advertisement of sale to

be published [two times] once preceding the date of sale in a BE

PUBLISHED TWO TIMES EITHER:

(1) PRECEDING THE DATE OF SALE IN A newspaper of general

circulation which serves the area where the self-service

storage facility is located[.] or on a publicly SELF-SERVICE

20190HB1756PN2941 - 3 -

<--

STORAGE FACILITY IS LOCATED[.]; OR

(2) ONE TIME PRECEDING THE DATE OF SALE IN A NEWSPAPER

OF GENERAL CIRCULATION WHICH SERVES THE AREA WHERE THE SELF-

STORAGE FACILITY IS LOCATED AND ON A PUBLICLY accessible

Internet website that regularly advertises or conducts online

sales of personal property. The advertisement shall include:

* * *

[(1)] (I ) A STATEMENT THAT THE CONTENTS OF THE

OCCUPANT'S LEASED SPACE SHALL BE SOLD TO SATISFY THE

OWNER'S LIEN.

[(2)] (II) THE ADDRESS OF THE SELF-SERVICE STORAGE

FACILITY AND THE NUMBER OR OTHER DESCRIPTION, IF ANY, OF

THE SPACE WHERE THE PERSONAL PROPERTY IS LOCATED AND THE

NAME OF THE OCCUPANT.

[(3)] (III) THE TIME, PLACE AND MANNER OF SALE.

* * *

Section 8. Location of sale.

Any sale or other disposition of the personal property shall

be held at the self-service storage facility, online or at the

nearest suitable place to where the personal property is held or

stored.

Section 2. This act shall apply to rental agreements entered

into or renewed on and after the effective date of this section.

Section 3. This act shall take effect in 60 days.

20190HB1756PN2941 - 4 -

<--