| Chapter 389 |
| 2023 -- H 5433 SUBSTITUTE A AS AMENDED Enacted 06/27/2023 |
| A N A C T |
| RELATING TO PROPERTY -- SELF-SERVICE STORAGE FACILITIES |
Introduced By: Representatives Hull, Casey, O'Brien, Costantino, Slater, J. Lombardi, and Bennett |
| Date Introduced: February 08, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 34-42-4 of the General Laws in Chapter 34-42 entitled "Self-Service |
| Storage Facilities" is hereby amended to read as follows: |
| 34-42-4. Enforcement of owner’s lien. |
| (a) After default, an owner may deny an occupant access to the storage space, terminate |
| the right of the occupant to use the storage space, enter the storage space and remove any personal |
| property found therein to a place of safekeeping, and enforce its lien by selling the stored property |
| at a public or private sale, in accordance with the following procedure: |
| (1) No sooner than five (5) days after default, but before the owner takes any action to |
| enforce its lien, the occupant and all other persons known to claim an interest in the personal |
| property stored shall be notified. The notice shall be delivered in person or by regular mail to the |
| last known address of the person or persons to be notified, or by verified electronic mail, to the |
| person or persons to be notified. This notice shall include the current balance due with a reminder |
| to bring the past due balance current or risk the action of the owner to enforce the owner’s lien. |
| (2) No sooner than fourteen (14) days after default, the occupant shall again be notified. |
| The notice shall be delivered in person or sent by regular mail to the last known address of the |
| person or persons to be notified, or verified electronic mail, to the person or persons to be notified. |
| The notice shall include: |
| (i) A statement of the claim showing the sums due at the time of the notice; |
| (ii) A statement that, based on the default, the owner has the right to deny the occupant |
| access to the leased space; |
| (iii) A general description of the personal property subject to the lien if known; |
| (iv) A demand for payment of the claim by a specified date not less than fourteen (14) days |
| after mailing of the notice pursuant to subdivision this subsection (2); |
| (v) A conspicuous statement that unless the claim is paid by the specified date, the |
| occupant’s right to use the storage space will terminate, and the personal property will be advertised |
| for sale or will be otherwise disposed of at a specified time and place; and |
| (vi) The name, street address, and telephone number of the owner who the occupant may |
| contact to respond to the notice. |
| (3) If the owner is not able to obtain personal service of the second (2nd) notice on those |
| persons entitled to notice or if the certified mail return receipt is not signed by the person to whom |
| notice must be sent then the owner shall be required to give notice by publication once a week for |
| three (3) successive weeks in a newspaper of general circulation in the city or town where the |
| person to receive the notice was last known to reside. |
| (4) When notice is by publication, the notice does not have to include an itemized statement |
| of the claim but only a statement as to the amount of money due or at the time of the final notice, |
| nor is a general description of the personal property subject to the lien required. The demand for |
| payment of the claim by a specified date shall set forth a date no less than thirty (30) twenty (20) |
| days after the date of the published notice. |
| (b) No sooner than one day after default, the owner may deny the occupant access to the |
| leased space in a reasonable and peaceful manner. |
| (c) After expiration of the time given in the second (2nd) notice, if the claim has not been |
| paid in full as demanded, the occupant’s right to use the storage space terminates, and the owner |
| may enter the storage space and remove any personal property found therein to a place of |
| safekeeping. |
| (d) After expiration of the time given in the second (2nd) notice, if the claim has not been |
| paid in full as demanded and the owner wishes to sell the personal property to satisfy its lien, an |
| advertisement of the sale must be published once a week for two (2) consecutive weeks on a |
| publicly accessible website identified in the rental agreement. The advertisement must include the |
| name of the person on whose account it is being stored and the time and place of sale. The sale |
| must take place no sooner than ten (10) days after the first publication. |
| (e) The sale shall be held at the self-service storage facility, or the nearest suitable place, |
| or online, and it shall conform to the terms of the notification. |
| (f) Before a sale of personal property, any person claiming a right to the personal property |
| may pay the amount necessary to satisfy the lien and the reasonable expenses incurred by the owner |
| to redeem the personal property. Upon receipt of this payment, the owner shall release the personal |
| property to the payor and have no further liability to any person with respect to the personal |
| property. |
| (g) The owner may buy at any sale of personal property pursuant to this section to enforce |
| the owner’s lien. |
| (h) A purchaser in good faith of the personal property sold to enforce the owner’s lien takes |
| the personal property free of any rights of persons against whom the lien was valid, despite |
| noncompliance by the owner with the requirements of this section. |
| (i) The owner may satisfy its lien from the proceeds of any sale pursuant to this section but |
| must hold the balance, if any, for delivery on demand to any person to whom it would have been |
| bound to deliver the personal property. If the other party does not claim the balance of the proceeds |
| within two (2) years of the date of the sale, it shall eschew to the state. |
| (j) The owner shall be liable for damages caused by failure to comply with the requirements |
| for sale under this section and in case of willful violation is liable for conversion. |
| (k) The owner shall not be liable for identity theft or other harm resulting from the misuse |
| of information contained within the contents of the occupant’s storage space, which are sold or |
| otherwise disposed of to satisfy the owner’s lien. |
| (l) If the personal property in the leased space is a motor vehicle, watercraft, trailer, |
| motorcycle, RV, or any other titled vehicle, the owner may have it towed with no liability on its |
| part. |
| SECTION 2. This act shall take effect upon passage. |
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| LC001367/SUB A |
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