Pennsylvania Consolidated & Unconsolidated Statutes
Act 109 - SELF-SERVICE STORAGE FACILITY ACT - OWNER'S LIEN, ENFORCEMENT OF LIEN, NOTICE, ADVERTISEMENT OF SALE, AND LOCATION OF SALE

Session of 2022
No. 2022-109
 
HB 1103
 
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(c), 6(a) introductory paragraph, 7(a) 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 may not constitute a penalty. An owner shall 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. No late fee shall
be imposed or collected if the occupant pays rent and other charges in full by the
fifth day after the due date under the rental agreement.

Section 5.  Enforcement of lien.
* * *
(c)  Towing right.--If the property upon which the lien is claimed is a motor vehicle, trailer or watercraft and the [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] either:
(1)  two times preceding the date of sale in a newspaper of general circulation which serves the
area where the self-service 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.
 
APPROVED--The 3rd day of November, A.D. 2022.
 
TOM WOLF

Structure Pennsylvania Consolidated & Unconsolidated Statutes