Storage Auctions
Resources => Laws about Storage Auctions => Topic started by: Travis on November 28, 2012, 10:58:24 PM
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Laws of Pennsylvania
73 P.S. §§ 1901 to 1917
§ 1901. Short title. This act shall be known and may be cited as the "Self-Service Storage
Facility Act."
§ 1902. Definitions. The following words and phrases when used in this act shall have, unless
the context clearly indicates otherwise, the meanings given to them in this section:
"Default." The failure timely to perform any obligation or duty set forth in this act or the rental
agreement.
"Last known address." That address provided by the occupant in the latest rental agreement
or the address provided by the occupant in a subsequent written notice of a change of address.
"Leased space." The individual storage space at the service storage facility which is leased or
rented to an occupant pursuant to a rental agreement.
"Occupant." A person, his sublessee, successor or assign, entitled to the use of leased space
at a self-service storage facility under a rental agreement, to the exclusion of others.
"Owner." The owner, operator, lessor or sublessor of a self-service storage facility, his agent
or any person authorized by him to manage the facility or to receive rent from an occupant under
a rental agreement or any of his employees. An owner is not a warehouseman as defined in 13
Pa.C.S. §§ 7102 (relating to definitions and index of definitions). If, however, an owner shall issue
any warehouse receipt, bill of lading or other document of title for the personal property stored,
the owner and occupant shall be subject to 13 Pa.C.S. Div. 7 (relating to warehouse receipts, bills
of lading and other documents of title) and this act shall not apply.
"Personal property." Movable property not affixed to land and includes, but is not limited to,
goods, wares, merchandise, furniture and household items.
"Rental agreement." Any written agreement or lease, that establishes or modifies the terms,
conditions, rules or other provisions concerning the use and occupancy of a self-service storage
facility.
"Self-service storage facility." Any real property designed and used for the purpose of renting
or leasing individual storage space to occupants who are to have access to such space for the
purpose of storing and removing personal property. No occupant shall use a self-service storage
facility for residential purposes.
§ 1903. Access
(a) General rule. - Upon the reasonable request of the owner, the occupant shall provide access
to the owner to enter the leased space for the purposes of inspection, repair, alteration,
improvement or to supply necessary or agreed services. In case of emergency, the owner may
enter the leased space for any of the above stated purposes without notice to or consent from the
occupant.
(b) Definition. - As used in this section "emergency" shall mean any sudden, unexpected
occurrence or circumstance which demands immediate action.
§ 1904. 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 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.
§ 1905. Enforcement of lien
(a) Default.--No enforcement action shall be taken by the owner until the occupant has been in
default continuously for a period of 30 days.
(b) Rights of owner. - After the occupant has been in default continuously for a period of 30 days,
the owner shall have the right to deny the occupant's access to the leased space. The owner may
also enter and remove the personal property from the leased space to another suitable storage
space pending its sale or other disposition.
§ 1906. 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 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 and properly addressed with
postage prepaid.
(b) Contents. - The notice shall contain the following:
(1) An itemized statement of the owner's claim showing the sum due at the time of the notice and
the date when the sum became due.
(2) A demand for payment of the sum due within a specified time not less than 30 days after the
date of notice.
(3) A statement that the contents of the occupant's leased space are subject to the owner's lien.
§ 1907. 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 preceding the date of sale in a newspaper of general circulation which serves
the area where the self-service storage facility is located. The advertisement shall include:
(1) A statement that the contents of the occupant's leased space shall
be sold to satisfy the owner's lien.
(2) 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) The time, place and manner of sale.
(b) Posting of sale notice. - If there is no newspaper of general circulation where the self-service
storage facility is located, the owner shall post written advertisements containing all of the
required information at least ten days before the date of the sale in not less than six conspicuous
places in the neighborhood where the self-service storage facility is located.
(c) Time of sale. - The sale shall take place no sooner than ten days after the first publication or
posting.
§ 1908. Location of sale
Any sale or other disposition of the personal property shall be held at the self-service storage
facility or at the nearest suitable place to where the personal property is held or stored.
§ 1909. Payment and satisfaction
Before any sale or other disposition of personal property, the occupant may pay the amount
necessary to satisfy the owner's lien and other reasonable expenses incurred hereunder and
thereby redeem the personal property. Upon the payment and satisfaction of the amount
necessary to satisfy the owner's lien and the reasonable expenses incurred, the owner shall
return the personal property and the owner shall thereafter have no liability to any person with
respect to such personal property.
§ 1910. Conformance with notice
(a) Conformance with terms. -- Any sale or other disposition of the personal property shall
conform to the terms of the notification as provided for in this section.
(b) Nonconsummated sale. - If the personal property is advertised for sale and the sale is not
consummated, the owner shall give written notice to the occupant of other disposition of the
personal property.
§ 1911. Title to goods purchased
A purchaser in good faith of the personal property sold to satisfy the owner's lien takes the
property free of any rights of persons against whom the lien was valid, despite noncompliance by
the owner with the requirements of this section.
§ 1912. Right of owner to purchase
The owner may buy at any sale of personal property to enforce the owner's lien
§ 1913. Excess balance from sale
In the event of a sale under this section, the owner may satisfy his lien from the proceeds of the
sale but shall hold the balance, if any, for delivery on demand to the occupant. If the occupant
does not claim the balance of the proceeds within six months of the date of the sale, such
balance shall be deemed to be abandoned and the owner shall pay such balance to the
Secretary of Revenue who shall receive, hold and dispose of same in accordance with Article
XIII.1 of the act of April 9, 1929 (P.L. 343, No. 176), known as "The Fiscal Code."
§ 1914. Care, custody and control
Unless the rental agreement specifically provides otherwise, the exclusive care, custody and
control of any and all personal property stored in the leased space shall remain vested in the
occupant, who shall bear all risks of loss or damage to such property not caused by any
negligence of the owner.
§ 1915. Limitation on liability of owner
(a) Sale or removal. - An owner shall not be liable to an occupant or a third party for the removal
or sale of personal property which is not the property of the occupant or upon which a prior lien
has attached, unless notice shall have been given to the owner by the occupant that the property
placed in the leased space was not that of the occupant.
(b) Rental agreements. - All rental agreements shall contain a provision setting forth subsection
(a), and requiring the occupant to inform the owner of the nature and identity of any property
placed in the leased space which is not the property of the occupant.
§ 1916. Construction of act
Nothing in this act shall be construed as in any manner impairing or affecting the right of the
parties to create additional rights, duties and obligations in and by virtue of the rental agreement.
The rights provided by this act shall be in addition to all other rights allowed by law to a creditor
against his debtor.
§ 1917. Savings clause
All rental agreements entered into before the effective date of this act, and not extended or
renewed after that date, and the rights and duties and interests flowing from them shall remain
valid, and may be enforced or terminated in accordance with their terms or as permitted by any
other statute or law of this Commonwealth.