Site Maintenance
The storage lien law website and the storage industry forum will be under going maintenance during the weekend of January 28-29 and again on February 4-5 and may be unavailable for short periods of time. Thank you very much for your patience and support. Your support has kept this site going for over 10 years.
Ron VanVarden
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
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.
10/24/2011 Senate • Filed
11/16/2011 Senate • Referred to Regulated Industries; Judiciary -SJ 55
01/10/2012 Senate • Introduced -SJ 55
01/13/2012 Senate • On Committee agenda-- Regulated Industries, 01/19/12, 8:15 am, 110 Senate Office Building
Nevada's SB150 is now law as of October 1.
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.
Self Storage Mini Storage Industry Forum
We have a forum for self storage. 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
Death of a 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.
Illinois Governor Signs New Self-Storage Lien Law
Last Friday Illinois Governor Pat Quinn signed into law the new Illinois Self Service Storage Facility Act, which includes several improvements for the state’s self-storage operations. The new law went into effect immediately and was signed just three days before the governor’s deadline to act. Senate Bill 1394 (SB1394), now published as Public Act 097-0599, passed unanimously in the House of Representatives as well as the Senate in late May.
Texas Governor signed their bill SB 690 and it will go into effect 1-1-2012
Utah, Massachusetts, Arkansas, California, Colorado, Nevada, Illinois, Maine, and Tennessee Introduce New Storage Lien Legislation
Some of Nevada's proposed changes include removal of the declaration in opposition to lien sale option and changes to the advertisement requirements for the lien sale along with quite a few protected property provisions.
For Tennessee some of the proposed changes include a change in the lien notice mailing requirements.
Maine, Effective 90 days following adjournment of the 125th Legislature, First Regular Session
Florida has killed both the bill in the house and the one in the senate.
Note: a bill listed on this website is not law until passed by the House and the Senate, ratified, and, if required, signed by the state's governor.
Arkansas HB 1384 http://storagelienlaws.com/index.php?option=com_content&view=article&Itemid=1&id=100%3Aarkansas-hb1384
Arkansas law goes into effect July 26, 2011
California SB 279 http://storagelienlaws.com/index.php?option=com_content&view=article&Itemid=1&id=101%3Acalifornia-sb279
(California law goes into effect January 1, 2012) We have added a copy of the letter from the California Newspaper Publisher Association to the Senator sponsoring the bill. Please see the following link for judicial district information: http://storagelienlaws.com/index.php?option=com_content&view=article&id=115%3Acalifornia-code-710425-judicial-dist
Tennessee SB 1293 HB 1265:http://storagelienlaws.com/index.php?option=com_content&view=article&id=92%3Atennessee-sb-1293
Tennessee law goes into effect July 1, 2011
Nevada Effective October 1, 2011
SB 150: http://storagelienlaws.com/index.php?option=com_content&view=article&id=91%3Anevada-sb150
Maine HP905 LD1231: http://storagelienlaws.com/index.php?option=com_content&view=article&Itemid=1&id=98%3Amaine-hp-905-ld-1231
Maine Personal Information:http://storagelienlaws.com/index.php?option=com_content&view=article&Itemid=1&id=97%3Amaine-sp-130
Colorado 11-39: http://storagelienlaws.com/index.php?option=com_content&view=article&Itemid=1&id=95%3Acolorado-sb-11-039
Colorado law goes into effect August 11, 2011
Florida HB0459 SB1772: http://storagelienlaws.com/index.php?option=com_content&view=article&Itemid=1&id=93%3Aflorida-hb-0459-and-sb-1772
Florida Bill has died without further action
Some of the changes 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%
Establish- ments 2010: 6,128
Decline 2000-2010 Forecast: -28.6%
Decline 2010-2016: -17.6%
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Findingstorage.com
findingstorage.com has over 22000 facilities that can be search by city, state or zip code.
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.
Vehicles in Storage Facility in California
Facilities in California need to make sure they follow the procedures layed out in DMV HTVR8 instructions and California Civil Code 3071 for a unit or a space in lien that contains a vehicle. Even if it is up on blocks, if it has a vin follow, the procedures, if you can not locate the vin, contact the Highway Patrol, they will send someone out to locate it. Storage facilities are not salvage yards and can not sell as parts.
Self Storage Auction Listing
We have added section for auction listing websites. Please email
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
to have your auction listing website added.
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