Self-storage laws got an update yesterday in Georgia, Idaho, Kansas, and Virginia, coming on the heels of law updates in Maryland, Utah, and Washington DC and before a new law comes to Arizona. Here's a recap of all the changes by state.
GEORGIA: HB 934 (Signed by Gov. Kemp, Effective July 1)
IDAHO: HB 576 (signed by Gov. Little, Effective July 1)
KANSAS: HB 2545 (signed by Gov. Kelly, Effective July 1)
VIRGINIA: SB 355 (signed by Gov. Youngkin, Effective July 1)
- Sets forth a process for disposing property remaining in a unit after the end of the rental agreement. It primarily deals with tenants whose agreements were terminated or not renewed for a reason other than non-payment and who left property in their unit.
- Recognizes that rental agreements can now be sent and signed electronically.
- Establishes a process regarding the enforceability of unsigned rental agreements.
- Permits towing for reasons other than nonpayment (e.g. abandoned, immobilized, unattended, or trespassing vehicles or watercraft that aren’t authorized to be at the self-storage facility).
ARIZONA: HB 2087 (signed by Gov. Hobbs, Effective Sept. 14)
- Allows a storage facility operator to foreclose the lien by selling the stored property at a public sale. The operator must provide notice of a property sale, as prescribed. At any time before a public sale, the tenant may pay the amount necessary to satisfy the lien and collect their personal property. This includes vehicles if they are registered to the tenant.
- Allows a self-storage operator may deny a tenant who is in default access to the leased space. If the occupant is in default for more than 30 days, the operator may transfer the personal property to a place of safekeeping until the public sale.
- Permits a self-storage facility's rental agreement to limit the value of stored property, which is considered the maximum value of the unit.
- Allows towing of vehicles, watercrafts, or trailers from the property or unit after 30 days' default, so long as the operator notifies the occupant at the last known address by verified mail or email at least 10 days before the towing company removes the property and includes the name, address, and telephone number of the towing company. Notice should stipulate that upon receipt of the property by the towing company, the self-storage facility's operator is not liable to anyone claiming an interest in the property.
These laws join amendments that recently took effect in other states:
MARYLAND: HB 633 (Signed by Gov. Moore, Effective June 1)
UTAH: HB 265 (Signed by Gov. Cox, Effective May 1)
WASH DC: B250432 (Signed by Gov. Bowser, Effective June 12)
- Self-storage operators can now send default notices to tenants via U.S. mail with a certificate of mailing. This eliminates the need for a newspaper ad to be published prior to a lien sale.
- Self-storage operators can host online auctions in lieu of onsite lien sales and publish information about them.
- Self-storage operators are authorized to tow for certain titled property.