Bill Text: IA HSB186 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to self-service storage facilities, including the creation and enforcement of liens on personal property within leased spaces.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-03-05 - Committee report, recommending amendment and passage. H.J. 403. [HSB186 Detail]
Download: Iowa-2019-HSB186-Introduced.html
House
Study
Bill
186
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
CARLSON)
A
BILL
FOR
An
Act
relating
to
self-service
storage
facilities,
including
1
the
creation
and
enforcement
of
liens
on
personal
property
2
within
leased
spaces.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
NEW
SECTION
.
578B.1
Short
title.
1
This
Act
shall
be
known
as
the
“Self-Service
Storage
2
Facilities
Act”
.
3
Sec.
2.
NEW
SECTION
.
578B.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
clearly
requires
5
otherwise:
6
1.
“Commercially
reasonable
sale”
means
a
sale
that
is
7
conducted
at
the
self-service
storage
facility,
at
the
nearest
8
suitable
place
to
where
the
personal
property
is
held
or
9
stored,
or
on
a
publicly
accessible
internet
site
that
conducts
10
sales
or
auctions.
11
2.
“
Default”
means
the
failure
by
the
occupant
to
perform
on
12
time
any
obligation
or
duty
set
forth
in
a
rental
agreement
or
13
this
chapter.
14
3.
“Emergency”
means
any
sudden,
unexpected
occurrence
15
or
circumstance
at
or
near
a
self-service
storage
facility
16
that
requires
immediate
action
to
avoid
injury
to
persons
17
or
property
at
or
near
the
self-service
storage
facility,
18
including
a
fire.
19
4.
“Last-known
address”
means
the
postal
address
or
20
electronic
mail
address
provided
by
an
occupant
in
a
rental
21
agreement
or
the
postal
address
or
electronic
mail
address
22
provided
by
the
occupant
in
a
subsequent
written
notice
of
a
23
change
of
address.
24
5.
“Late
fee”
means
any
fee
or
charge
assessed
for
an
25
occupant’s
failure
to
pay
rent
when
due.
“Late
fee”
does
not
26
include
interest
on
a
debt,
reasonable
expenses
incurred
in
27
the
collection
of
unpaid
rent,
or
costs
associated
with
the
28
enforcement
of
any
other
remedy
provided
by
law
or
contract.
29
6.
“Leased
space”
means
individual
storage
space
at
a
30
self-service
storage
facility
which
is
rented
to
an
occupant
31
pursuant
to
a
rental
agreement.
32
7.
“Occupant”
means
a
person
entitled
to
the
use
of
leased
33
space
at
a
self-service
storage
facility
under
a
rental
34
agreement
or
the
person’s
successors
or
assigns.
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8.
“Operator”
means
the
owner,
operator,
lessor,
or
1
sublessor
of
a
self-service
storage
facility
or
an
agent
or
any
2
other
person
authorized
to
manage
the
facility.
“Operator”
does
3
not
include
a
warehouse
worker
if
the
warehouse
worker
issues
a
4
warehouse
receipt,
bill
of
lading,
or
other
document
of
title
5
for
the
personal
property
stored.
6
9.
“Personal
property”
means
movable
property
not
affixed
7
to
land,
including
goods,
wares,
merchandise,
motor
vehicles,
8
watercraft,
household
items,
and
furnishings.
9
10.
“Property
that
has
no
commercial
value”
means
property
10
offered
for
sale
in
a
commercially
reasonable
sale
that
11
receives
no
bid
or
offer.
12
11.
“Rental
agreement”
means
an
agreement
or
lease,
written
13
or
oral,
that
establishes
or
modifies
the
terms,
conditions,
14
or
rules
concerning
the
use
and
occupancy
of
leased
space
at
a
15
self-service
storage
facility.
16
12.
“Self-service
storage
facility”
means
real
property
17
designed
and
used
for
the
purpose
of
renting
or
leasing
18
individual
storage
space
to
occupants
who
are
to
have
access
19
to
the
space
for
the
purpose
of
storing
personal
property.
If
20
an
operator
issues
a
warehouse
receipt,
bill
of
lading,
or
21
other
document
of
title
for
the
personal
property
stored,
the
22
operator
and
occupant
are
subject
to
chapter
554,
article
7,
23
and
this
chapter
does
not
apply.
24
13.
“Verified
mail”
means
any
method
of
mailing
offered
by
25
the
United
States
postal
service
or
private
delivery
service
26
that
provides
evidence
of
the
mailing.
27
Sec.
3.
NEW
SECTION
.
578B.3
Facility
not
residence.
28
1.
An
operator
shall
not
knowingly
permit
a
leased
space
29
at
a
self-service
storage
facility
to
be
used
for
residential
30
purposes.
31
2.
An
occupant
shall
not
use
a
leased
space
for
residential
32
purposes.
33
Sec.
4.
NEW
SECTION
.
578B.4
Notice
and
consent
for
34
inspection
and
repair.
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Unless
otherwise
provided
in
a
rental
agreement,
an
1
occupant,
upon
reasonable
request
from
the
operator,
shall
2
allow
the
operator
to
enter
a
leased
space
for
the
purpose
of
3
inspection
or
repair.
If
an
emergency
occurs,
an
operator
may
4
enter
a
leased
space
for
inspection
or
repair
without
notice
to
5
or
consent
from
the
occupant.
6
Sec.
5.
NEW
SECTION
.
578B.5
Lien
——
late
fees.
7
1.
The
operator
of
a
self-service
storage
facility
and
the
8
operator’s
heirs,
executors,
administrators,
successors,
and
9
assigns
shall
have
a
lien
upon
all
of
an
occupant’s
personal
10
property
located
at
the
self-service
storage
facility
for
11
delinquent
rent,
late
fees,
labor,
or
other
charges
incurred
12
pursuant
to
a
rental
agreement
and
for
expenses
incurred
for
13
preservation,
sale,
or
disposition
of
the
personal
property.
14
The
lien
established
by
this
subsection
shall
have
priority
15
over
all
other
liens
and
security
interests
except
for
those
16
perfected
prior
to
the
time
the
personal
property
is
brought
to
17
the
self-service
storage
facility.
18
2.
The
lien
described
in
subsection
1
attaches
on
the
date
19
on
which
personal
property
is
brought
to
the
self-service
20
storage
facility.
21
3.
If
the
rental
agreement
specifies
a
limit
on
the
value
22
of
personal
property
that
the
occupant
may
store
in
the
leased
23
space,
such
limit
shall
be
deemed
to
be
the
maximum
value
of
24
the
personal
property
in
the
occupant’s
leased
space.
25
4.
A
rental
agreement
under
this
chapter
may
provide
for
a
26
reasonable
late
fee
for
failure
of
the
occupant
to
timely
make
27
payments
for
the
leased
space
when
due.
A
monthly
late
fee
of
28
twenty
dollars
or
twenty
percent
of
the
monthly
rental
amount,
29
whichever
is
greater,
shall
be
reasonable
and
is
not
a
penalty.
30
Sec.
6.
NEW
SECTION
.
578B.6
Right
to
deny
access
due
to
31
default.
32
If
the
occupant
is
in
default,
the
operator
shall
have
the
33
right
to
deny
the
occupant
access
to
the
leased
space
at
the
34
self-service
storage
facility.
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Sec.
7.
NEW
SECTION
.
578B.7
Enforcement
of
lien.
1
1.
If
an
occupant
is
in
default
for
a
period
of
at
least
2
thirty
days,
the
operator
may
enforce
the
lien
granted
in
3
section
578B.5
by
selling
the
occupant’s
personal
property.
4
Sale
of
the
occupant’s
personal
property
may
be
by
public
or
5
private
proceedings.
Such
personal
property
may
be
sold
as
a
6
unit
or
in
parcels,
by
way
of
one
or
more
contracts,
at
any
time
7
or
place,
and
on
any
terms
as
long
as
the
sale
is
commercially
8
reasonable.
The
operator
may
otherwise
dispose
of
any
property
9
that
has
no
commercial
value.
10
2.
Before
conducting
a
sale
under
this
section,
the
operator
11
shall
do
all
of
the
following:
12
a.
Send
notice
of
default
to
the
occupant
by
hand
mail,
13
verified
mail,
or
electronic
mail
pursuant
to
subsection
7.
14
The
notice
of
default
shall
include
all
of
the
following:
15
(1)
A
statement
of
the
operator’s
claim
showing
that
the
16
amount
due
at
the
time
of
the
notice
and
the
date
when
the
17
amount
became
due.
18
(2)
A
demand
for
payment
of
the
charges
due
within
a
19
specified
time,
which
shall
not
be
less
than
ten
days
after
the
20
date
of
the
notice.
21
(3)
A
statement
that
unless
the
claim
is
paid
within
the
22
time
stated,
the
contents
of
the
occupant’s
leased
space
will
23
be
sold
or
otherwise
disposed
of
after
a
specified
time.
24
(4)
The
name,
street
address,
and
telephone
number
of
the
25
operator
or
a
designated
agent
whom
the
occupant
may
contact
to
26
respond
to
the
notice.
27
b.
At
least
seven
days
before
the
sale,
advertise
28
the
time,
place,
and
terms
of
the
sale
in
a
commercially
29
reasonable
manner.
The
manner
of
advertisement
is
deemed
30
commercially
reasonable
if
it
is
likely
to
attract
at
least
31
three
independent
bidders
to
attend
or
view
the
sale
in
person
32
or
online
at
the
time
and
place
advertised.
The
operator
may
33
buy
the
occupant’s
personal
property
at
any
public
sale
held
34
pursuant
to
this
section.
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3.
If
the
personal
property
subject
to
the
operator’s
lien
1
is
a
vehicle,
watercraft,
or
trailer,
and
rent
or
other
charges
2
remain
due
and
unpaid
for
thirty
days,
the
operator
may
have
3
the
vehicle,
watercraft,
or
trailer
towed
from
the
self-service
4
storage
facility.
The
operator
shall
not
be
liable
for
any
5
damages
to
the
vehicle,
watercraft,
or
trailer
once
the
tower
6
takes
possession
of
the
property.
Removal
of
any
vehicle,
7
watercraft,
or
trailer
from
the
self-service
storage
facility
8
shall
not
release
the
operator’s
lien.
9
4.
At
any
time
before
a
sale
is
held
under
this
section
or
10
before
a
vehicle,
watercraft,
or
trailer
is
towed
under
this
11
section,
the
occupant
may
pay
the
amount
necessary
to
satisfy
12
the
lien
and
redeem
the
occupant’s
personal
property.
13
5.
In
the
event
of
a
sale
under
this
section,
the
operator
14
may
satisfy
the
lien
from
the
proceeds
of
the
sale,
but
shall
15
hold
the
balance,
if
any,
for
a
period
of
ninety
days
for
16
delivery
on
demand
to
the
occupant.
If
the
occupant
does
not
17
claim
the
balance
within
ninety
days,
the
balance
shall
be
paid
18
to
the
county
treasurer
in
the
county
where
the
self-service
19
storage
facility
is
located.
The
county
treasurer
shall
hold
20
the
funds
for
a
period
of
two
years.
If
a
claim
is
not
made
by
21
the
owner
of
the
fund,
then
the
fund
shall
become
the
property
22
of
the
county.
There
shall
be
no
further
recourse
by
any
23
person
against
the
operator
for
an
action
pursuant
to
this
24
section.
25
6.
A
purchaser
in
good
faith
of
any
personal
property
sold
26
to
satisfy
the
lien
takes
the
property
free
of
any
rights
of
27
persons
against
whom
the
lien
was
valid,
despite
noncompliance
28
by
the
operator
with
the
requirements
of
this
chapter.
The
29
purchaser
of
a
motor
vehicle
shall
apply
for
a
new
title
to
30
the
vehicle
by
the
procedures
outlined
in
section
321.47.
For
31
all
other
property
which
has
a
written
title,
the
purchaser
32
shall
follow
the
applicable
procedures
for
the
property
for
the
33
transfer
of
title
by
operation
of
law.
34
7.
Notice
to
the
occupant
under
subsection
2,
paragraph
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“a”
,
shall
be
sent
to
the
occupant’s
last-known
address
by
hand
1
delivery,
verified
mail,
or
electronic
mail.
Notices
sent
2
by
hand
delivery
shall
be
deemed
delivered
when
the
occupant
3
has
signed
an
acknowledgment
of
delivery.
Notices
sent
by
4
verified
mail
shall
be
deemed
delivered
when
deposited
with
the
5
United
States
postal
service
or
private
delivery
service
if
the
6
notices
are
properly
addressed
with
postage
prepaid.
Notices
7
sent
by
electronic
mail
shall
be
deemed
delivered
when
an
8
electronic
mail
is
sent
to
the
last-known
address
provided
by
9
the
occupant.
If
the
operator
sends
notice
by
electronic
mail
10
and
receives
an
automated
message
stating
that
the
electronic
11
mail
cannot
be
delivered,
the
operator
shall
send
notice
by
12
hand
delivery
or
by
verified
mail
to
the
occupant’s
last-known
13
address
with
postage
prepaid.
14
8.
If
the
operator
complies
with
the
requirements
of
this
15
section,
the
operator’s
liability:
16
a.
To
the
occupant,
shall
be
limited
to
the
net
proceeds
17
received
from
the
sale
of
the
occupant’s
personal
property
18
less
any
proceeds
paid
to
the
holders
of
any
lien
or
security
19
interest
of
record
on
the
personal
property
being
sold.
20
b.
To
the
holders
of
any
lien
or
security
interest
of
record
21
on
the
personal
property
being
sold,
shall
be
limited
to
the
22
net
proceeds
received
from
the
sale
of
the
personal
property
23
subject
to
the
holder’s
lien
or
security
interest.
24
Sec.
8.
NEW
SECTION
.
578B.8
Exclusive
care,
custody,
and
25
control
of
personal
property
vested
in
occupant.
26
Unless
the
rental
agreement
specifically
provides
otherwise
27
and
until
a
lien
sale
under
section
578B.7,
the
exclusive
care,
28
custody,
and
control
of
all
personal
property
stored
in
a
29
leased
space
remains
vested
in
the
occupant.
30
Sec.
9.
NEW
SECTION
.
578B.9
Supplemental
nature
of
chapter.
31
This
chapter
does
not
impair
the
powers
of
the
parties
to
a
32
rental
agreement
to
create
rights,
duties,
or
obligations
that
33
do
not
arise
from
this
chapter.
This
chapter
does
not
impair
34
or
impact
the
rights
of
parties
to
create
liens
by
special
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contract
or
agreement,
nor
does
it
affect
or
impair
other
liens
1
arising
at
common
law
or
in
equity,
or
by
a
statute
of
this
2
state.
The
rights
provided
to
an
operator
by
this
chapter
are
3
in
addition
to
all
other
rights
provided
by
law
to
a
creditor
4
against
a
debtor.
5
Sec.
10.
Section
321.20,
subsection
1,
unnumbered
paragraph
6
1,
Code
2019,
is
amended
to
read
as
follows:
7
Except
as
provided
in
this
chapter
,
an
owner
of
a
vehicle
8
subject
to
registration
shall
make
application
to
the
county
9
treasurer
of
the
county
of
the
owner’s
residence,
or
if
a
10
nonresident,
to
the
county
treasurer
of
the
county
where
the
11
primary
users
of
the
vehicle
are
located,
or
if
a
lessor
of
12
the
vehicle
pursuant
to
chapter
321F
which
vehicle
has
a
13
gross
vehicle
weight
of
less
than
ten
thousand
pounds,
to
the
14
county
treasurer
of
the
county
of
the
lessee’s
residence,
15
or
if
a
firm,
association,
or
corporation
with
vehicles
in
16
multiple
counties,
the
owner
may
make
application
to
the
county
17
treasurer
of
the
county
where
the
primary
user
of
the
vehicle
18
is
located,
for
the
registration
and
issuance
of
a
certificate
19
of
title
for
the
vehicle
upon
the
appropriate
form
furnished
20
by
the
department.
However,
upon
the
transfer
of
ownership,
21
the
owner
of
a
vehicle
subject
to
the
apportioned
registration
22
provisions
of
chapter
326
shall
make
application
for
issuance
23
of
a
certificate
of
title
to
either
the
department
or
the
24
appropriate
county
treasurer.
The
owner
of
a
vehicle
purchased
25
pursuant
to
section
578B.7
shall
present
documentation
that
26
such
sale
was
completed
in
compliance
with
that
section.
The
27
application
shall
be
accompanied
by
a
fee
of
twenty
dollars,
28
and
shall
bear
the
owner’s
signature.
A
nonresident
owner
29
of
two
or
more
vehicles
subject
to
registration
may
make
30
application
for
registration
and
issuance
of
a
certificate
31
of
title
for
all
vehicles
subject
to
registration
to
the
32
county
treasurer
of
the
county
where
the
primary
user
of
any
33
of
the
vehicles
is
located.
The
owner
of
a
mobile
home
or
34
manufactured
home
shall
make
application
for
a
certificate
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of
title
under
this
section
from
the
county
treasurer
of
the
1
county
where
the
mobile
home
or
manufactured
home
is
located.
2
The
application
shall
contain:
3
Sec.
11.
Section
321.20A,
subsection
1,
Code
2019,
is
4
amended
to
read
as
follows:
5
1.
Notwithstanding
other
provisions
of
this
chapter
,
6
the
owner
of
a
commercial
vehicle
subject
to
the
apportioned
7
registration
provisions
of
chapter
326
may
make
application
8
to
the
department
or
the
appropriate
county
treasurer
9
for
a
certificate
of
title.
The
owner
of
a
commercial
10
vehicle
purchased
pursuant
to
section
578B.7
shall
present
11
documentation
that
such
sale
was
completed
in
compliance
12
with
that
section.
The
application
for
certificate
of
title
13
shall
be
made
within
thirty
days
of
purchase
or
transfer
and
14
shall
be
accompanied
by
a
twenty
dollar
title
fee
and
the
15
appropriate
fee
for
new
registration.
The
department
or
the
16
county
treasurer
shall
deliver
the
certificate
of
title
to
the
17
owner
if
there
is
no
security
interest.
If
there
is
a
security
18
interest,
the
title,
when
issued,
shall
be
delivered
to
the
19
first
secured
party.
Delivery
may
be
made
using
electronic
20
means.
21
Sec.
12.
Section
321.23,
subsection
1,
paragraph
a,
Code
22
2019,
is
amended
to
read
as
follows:
23
a.
If
the
vehicle
to
be
registered
is
a
specially
24
constructed
vehicle,
reconstructed
vehicle,
street
rod,
replica
25
vehicle,
or
foreign
vehicle,
such
fact
shall
be
stated
in
the
26
application.
A
fee
of
ten
dollars
shall
be
paid
by
the
person
27
making
the
application
upon
issuance
of
a
certificate
of
title
28
by
the
county
treasurer.
For
a
specially
constructed
vehicle,
29
reconstructed
vehicle,
street
rod,
or
replica
vehicle
subject
30
to
registration,
the
application
shall
be
accompanied
by
a
31
statement
from
the
department
authorizing
the
motor
vehicle
32
to
be
titled
and
registered
in
this
state.
The
owner
of
a
33
specially
constructed
vehicle,
reconstructed
vehicle,
street
34
rod,
replica
vehicle,
or
foreign
vehicle
purchased
pursuant
to
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section
578B.7
shall
present
documentation
that
such
sale
was
1
completed
in
compliance
with
that
section.
2
Sec.
13.
Section
321.47,
subsection
1,
Code
2019,
is
amended
3
to
read
as
follows:
4
1.
If
ownership
of
a
vehicle
is
transferred
by
operation
of
5
law
upon
inheritance,
devise
or
bequest,
dissolution
decree,
6
order
in
bankruptcy,
insolvency,
replevin,
foreclosure
or
7
execution
sale,
abandoned
vehicle
sale,
or
when
the
engine
of
a
8
motor
vehicle
is
replaced
by
another
engine,
or
a
vehicle
is
9
sold
or
transferred
to
satisfy
an
artisan’s
lien
as
provided
10
in
chapter
577
,
a
landlord’s
lien
as
provided
in
chapter
570
,
11
a
self-service
storage
facility
lien
as
provided
in
section
12
578B.7,
a
storage
lien
as
provided
in
chapter
579
,
a
judgment
13
in
an
action
for
abandonment
of
a
manufactured
or
mobile
home
14
as
provided
in
chapter
555B
,
upon
presentation
of
an
affidavit
15
relating
to
the
disposition
of
a
valueless
mobile,
modular,
or
16
manufactured
home
as
provided
in
chapter
555C
,
or
repossession
17
is
had
upon
default
in
performance
of
the
terms
of
a
security
18
agreement,
the
county
treasurer
in
the
transferee’s
county
of
19
residence
or,
in
the
case
of
a
mobile
home
or
manufactured
20
home,
the
county
treasurer
of
the
county
where
the
mobile
home
21
or
manufactured
home
is
located,
upon
the
surrender
of
the
22
prior
certificate
of
title
or
the
manufacturer’s
or
importer’s
23
certificate,
or
when
that
is
not
possible,
upon
presentation
24
of
satisfactory
proof
to
the
county
treasurer
of
ownership
25
and
right
of
possession
to
the
vehicle
and
upon
payment
of
a
26
fee
of
twenty
dollars
and
the
presentation
of
an
application
27
for
registration
and
certificate
of
title,
may
issue
to
the
28
applicant
a
registration
card
for
the
vehicle
and
a
certificate
29
of
title
to
the
vehicle.
A
person
entitled
to
ownership
of
30
a
vehicle
under
a
decree
of
dissolution
shall
surrender
a
31
reproduction
of
a
certified
copy
of
the
dissolution
and
upon
32
fulfilling
the
other
requirements
of
this
chapter
is
entitled
33
to
a
certificate
of
title
and
registration
receipt
issued
in
34
the
person’s
name.
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Sec.
14.
Section
462A.77,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
10.
The
buyer
of
a
vessel
sold
pursuant
to
3
section
578B.7
shall
present
documentation
that
such
sale
was
4
completed
in
compliance
with
that
section.
5
Sec.
15.
Section
462A.82,
subsection
1,
Code
2019,
is
6
amended
to
read
as
follows:
7
1.
If
ownership
of
a
vessel
is
transferred
by
operation
of
8
law,
such
as
by
inheritance,
order
in
bankruptcy,
insolvency,
9
replevin,
or
execution
sale,
or
in
compliance
with
section
10
578B.7,
the
transferee,
within
thirty
days
after
acquiring
the
11
right
to
possession
of
the
vessel
by
operation
of
law,
shall
12
mail
or
deliver
to
the
county
recorder
satisfactory
proof
of
13
ownership
as
the
county
recorder
requires,
together
with
an
14
application
for
a
new
certificate
of
title,
and
the
required
15
fee.
A
title
tax
is
not
required
on
these
transactions.
16
Sec.
16.
REPEAL.
Chapter
578A,
Code
2019,
is
repealed.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
enacts
a
new
Code
chapter
on
self-service
storage
21
facility
liens
and
repeals
the
current
Code
chapter
on
the
same
22
subject.
23
The
bill
provides
definitions.
Significant
definitions
are
24
as
follows.
“Leased
space”
means
individual
storage
space
at
a
25
self-service
storage
facility
which
is
rented
to
an
occupant
26
pursuant
to
rental
agreement.
“Occupant”
means
a
person
27
entitled
to
the
use
of
leased
space
at
a
self-service
storage
28
under
a
rental
agreement
or
the
person’s
successors
or
assigns.
29
“Operator”
means
the
owner,
operator,
lessor,
or
sublessor
30
of
a
self-service
storage
facility
or
an
agent
or
any
other
31
person
authorized
to
manage
the
facility.
“Operator”
does
32
not
include
a
warehouse
worker
if
the
warehouse
worker
issues
33
a
warehouse
receipt,
bill
of
lading,
or
other
document
of
34
title
for
the
personal
property
stored.
“Self-service
storage
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facility”
means
real
property
designed
and
used
for
the
purpose
1
of
renting
or
leasing
individual
storage
space
to
occupants
2
who
are
to
have
access
to
the
space
for
the
purpose
of
storing
3
personal
property.
If
an
operator
issues
a
warehouse
receipt,
4
bill
of
lading,
or
other
document
of
title
for
the
personal
5
property
stored,
the
operator
and
occupant
are
subject
to
Code
6
chapter
554,
article
7,
and
new
Code
chapter
578B
does
not
7
apply.
8
The
bill
provides
that
a
leased
space
shall
not
be
leased
for
9
a
residential
purpose
by
an
operator
or
used
by
an
occupant
for
10
a
residential
purpose.
The
bill
provides
that
unless
otherwise
11
provided
in
a
rental
agreement,
upon
reasonable
request
from
12
the
operator,
the
occupant
shall
allow
the
operator
to
enter
13
the
leased
space
for
inspection
and
repair.
However,
during
14
an
emergency,
the
operator
may
enter
the
leased
space
without
15
notice
and
consent
from
the
occupant.
16
The
bill
provides
that
an
operator
shall
have
a
lien
on
17
an
occupant’s
personal
property
for
delinquent
rent,
late
18
fees,
labor,
or
other
charges
incurred
pursuant
to
the
rental
19
agreement
and
for
expenses
incurred
for
preservation,
sale,
or
20
disposition
of
the
personal
property.
The
bill
provides
that
21
the
operator’s
lien
shall
have
priority
over
all
other
liens
22
and
security
interests
except
those
perfected
prior
to
the
time
23
the
personal
property
is
brought
to
the
self-service
storage
24
facility.
The
bill
provides
that
the
lien
attaches
on
the
date
25
the
personal
property
is
brought
to
the
self-service
storage
26
facility.
The
bill
provides
that
if
the
rental
agreement
27
specifies
a
limit
on
the
value
of
personal
property
that
the
28
occupant
may
store
in
the
leased
space,
such
limit
shall
be
29
deemed
to
be
the
maximum
value
of
the
personal
property
in
30
the
occupant’s
leased
space.
The
bill
provides
that
a
rental
31
agreement
under
the
bill
may
provide
for
a
reasonable
late
fee
32
for
failure
to
make
timely
payments.
The
bill
provides
that
33
$20
or
20
percent
of
the
monthly
rental
amount,
whichever
is
34
greater,
shall
be
deemed
reasonable
and
is
not
a
penalty.
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The
bill
provides
that
the
operator
may
deny
the
occupant
1
access
to
the
leased
space
if
the
occupant
is
in
default.
2
The
bill
provides
a
process
for
enforcement
of
a
lien,
which
3
allows
an
operator
to
sell
an
occupant’s
personal
property
if
4
an
occupant
has
been
in
default
for
a
period
of
at
least
30
5
days
and
requires
notices
to
be
served
on
the
occupant
prior
6
to
a
commercially
reasonable
sale.
Prior
to
the
sale,
the
7
occupant
may
satisfy
the
lien
and
redeem
the
personal
property.
8
Additional
details
are
provided
in
the
bill.
9
The
bill
provides
that
the
occupant
has
exclusive
care,
10
custody,
and
control
of
personal
property
stored
in
leased
11
property
until
a
lien
sale,
unless
a
rental
agreement
provides
12
otherwise.
13
The
bill
does
not
affect
the
ability
of
the
parties
to
a
14
rental
agreement
to
create
rights,
duties,
and
obligations
15
that
do
not
arise
from
the
bill.
Furthermore,
the
bill
does
16
not
impair
or
impact
the
right
of
parties
to
create
liens
by
17
special
contract
or
agreement,
nor
does
the
bill
affect
or
18
impair
other
liens
arising
at
common
law
or
in
equity,
or
by
a
19
statute
of
this
state.
Additionally,
the
bill
provides
that
20
the
rights
provided
to
the
operator
are
in
addition
to
the
21
rights
provided
to
a
creditor
against
a
debtor
by
law.
22
The
bill
amends
sections
in
Code
chapter
321
(motor
vehicles
23
and
laws
of
the
road)
and
Code
chapter
462A
(water
navigation
24
regulations)
to
provide
that
the
owner
of
a
vehicle
purchased
25
pursuant
to
new
Code
section
578B.7
shall
present
documentation
26
that
such
sale
was
completed
in
compliance
with
that
Code
27
section
which
provided
the
process
for
lien
enforcement.
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