The Use of Email in Self-Storage

Over the last 10 years, the national Self Storage Association, partnering with the support of state self-storage associations, has successfully modernized the lien laws in multiple states. One of the most important changes to those laws has been the incorporation of the use of email for lien notifications in lieu of antiquated certified mail delivery. 

The following states have each changed their state lien laws to include email as a methodology for lien notifications to defaulting tenants: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, and Wisconsin. 

Since there is no model law in effect, each state has different rules that apply. Even though they permit the use of email to send legal notices, some of the states listed have not approved email as the sole method of notification (requiring additional notices by regular mail or verified mail). Other states include specific requirements for tenant consent to use email for notices, including a requirement that there be written consent for the use of email by having tenants indicate approval by initialing the email provision in the rental agreement. Some states also require enhanced verification that the email has been sent and received (confirmation of delivery) before the operator can rely on the use of the email as proof of notice of the intent to enforce the owner’s lien on the tenant’s stored goods.

It is extremely important that self-storage operators carefully review the specific email requirements for the state where they are doing business (the site of the facility) if they are going to be using email as part of their lien notification process. Today, with the transience of self-storage tenants, it is recommended that self-storage operators use email, if not as their primary notification system then as a supplemental system, since the probability of a tenant receiving an email about an intended sale of their personal property is likely higher than that same tenant receiving a physically mailed letter sent to their last known address.

If email is to be used, and the obligation for confirmation of delivery is expected, the operator must consider the methodology by which they will track the email notices. Companies like RPost have long supported self-storage operators by providing a methodology for email notification and confirmation of delivery. 

Using RPost as an example, self-storage operators need to consider the following elements to support the compliance of its email, lien notice system:

1. Proof of Delivery

To establish a record of sending and receiving in accordance with the Uniform Electronic Transactions Act (UETA) by recording the recipient’s server’s receipt;

2. Proof of Content

A system to preserve the contents of email and their attachments so as to satisfy process requirements designed under UETA, the Electronic Signatures in Global and National Commerce Act (ESIGN);

3. Time of Delivery

To provide evidence in disputes over the time an email was sent or received;

4. Admissibility

To create a record that is court admissible as to the legal time of delivery and as to authenticity of content;

5. Equivalence

Serves, under the Uniform Electronic Transactions Act (UETA) and the Electronic Signatures in Global and National Commerce Act (ESIGN), as the functional equivalent of paper mail, to be used in lieu of certified mail, registered mail, return receipt mail, private express mail services, and similar types of paper mail services;

6. Verification

Provides a true electronic original of the message content, message attachments, and transmission meta-data including the delivery audit trail; and

7. Consent

To create a record of the recipient’s consent retained as a reproducible legal record to prove consent if challenged.

Using email as a tool for managing the lien process has been extremely helpful to both operators and tenants, creating efficiency and fairness within the lien process. But the use of the email system must be scrutinized to protect the integrity of a facility’s reliance on using email as its primary method for lien enforcement. It is always important for operators to regularly review and update the systems they are using to verify that they are meeting their state lien law requirements. 

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About Us

Scott Zucker is a partner in the law firm of Weissmann Zucker Euster + Katz P.C. in Atlanta, GA. Scott specializes in business litigation with an emphasis on real estate, landlord-tenant and construction law. For more visit www.wzlegal.com. 

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This newsletter is for the purpose of providing general legal insight into the self-storage industry. It should not be substituted for the legal advice of your own attorney.