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SB260 INTRODUCED
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SB260
9J717MM-1
By Senator Melson
RFD: Judiciary
First Read: 05-Feb-26
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9J717MM-1 1/15/2026 OW (L)cr 2025-3710
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First Read: 05-Feb-26
SYNOPSIS:
Under existing law, the Self-Service Storage
Facilities Act sets forth requirements for rental
agreements of self-service storage facilities.
This bill would permit rental agreements for
self-service storage facilities to be delivered and
executed electronically.
This bill would permit the acceptance of a
rental agreement if an occupant uses a leased space,
after the lease agreement has been delivered by
verified mail or electronic mail, for at least 30 days
without signing a lease agreement, obligating the
occupant to the agreement without any notice provided.
Also under the Self-Service Storage Facilities
Act, operators of self-service storage facilities may
remove the personal property of occupants who are in
default and place the items in a suitable storage space
pending its sale or other disposition.
This bill would authorize operators of storage
facilities to include a provision in the rental
agreement notifying the occupant of the operator's
right to dispose of an occupant's personal property
left at the self-service storage facility for a certain
amount of time after the end of the rental agreement.
This bill would prohibit occupants from using a
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This bill would prohibit occupants from using a
self-service storage facility after a notice of
termination or nonrenewal of the rental agreement has
been delivered to the occupant.
This bill would set an amount of time for
occupants to remove personal property from a
self-service storage facility following the termination
or nonrenewal of the rental agreement.
This bill would permit the operator to place
certain reasonable restrictions on the occupant's use
of the self-service storage facility after the rental
agreement ends.
This bill would authorize the operator to
dispose of an occupant's personal property after a
certain amount of time following the notice of
termination or nonrenewal is delivered to the occupant.
Also under existing law, notice of the sale of
personal property of an occupant in default must be
published in a newspaper of general circulation in the
county where the storage facility is located, unless
such a newspaper does not exist.
This bill would also remove these publication
requirements, requiring instead that the notice be
published in any commercially reasonable manner.
A BILL
TO BE ENTITLED
AN ACT
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Relating to the Self-Service Storage Facilities Act; to
amend Sections 8-15-41, 8-15-44, 8-15-45, and 8-15-46, Code of
Alabama 1975, to permit rental agreements for self-service
storage facilities to be delivered and executed
electronically; to permit the acceptance of a rental agreement
if the occupant continues to use the leased space for a
certain amount of time after delivery of the written rental
agreement; to permit the inclusion of a provision in rental
agreements notifying occupants of the operator's right to
dispose of personal property left at the self-service storage
facility; to prohibit an occupant from using his or her
self-service storage facility after a notice of termination or
nonrenewal has been delivered to the occupant; to provide
occupants with an opportunity to remove personal property from
a storage facility after notice of termination or nonrenewal
has been delivered; to permit operators to impose reasonable
restrictions on the occupant's use of the self-service storage
facility after the rental agreement ends; to authorize
operators to dispose of an occupant's personal property left
at self-service storage facilities after a certain amount of
time following the end of a rental agreement; and to require
that notice of the sale of personal property of an occupant in
default may be published in any commercially reasonable
manner.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 8-15-41, 8-15-44, 8-15-45, and
8-15-46, Code of Alabama 1975, are amended to read as follows:
"§8-15-41
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"§8-15-41
For the purposes of this article, the following terms
shall have the following meanings:
(1) COMMERCIALLY REASONABLE SALE. A sale, conducted
pursuant to this article, at the self-service storage
facility, another suitable location selected by the operator,
or on a publicly accessible website that conducts lien sales
or personal property sales.
(2) DEFAULT. The failure by the occupant to perform on
time any obligation or duty set forth in a rental agreement or
in this article.
(3) ELECTRONIC MAIL. An electronic message or an
executable program or computer file that contains an image of
a message that is transmitted between two or more computers or
electronic terminals and includes electronic messages that are
transmitted within or between computer networks.
(4) EMERGENCY. Any occurrence or circumstance at or
near a self-service storage facility which requires immediate
action to avoid injury to persons or damage to property at or
near the self-service storage facility including, but not
limited to, a fire.
(5) LAST KNOWN ADDRESS. The postal address or
electronic mail address provided by an occupant in a rental
agreement or , subject to the requirements in a rental
agreement, the postal address or electronic mail address
provided by the occupant in a subsequent written notice of a
change of address.
(6) LATE FEE. Any fee or charge assessed for the
failure of an occupant to pay rent when due. The term does not
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failure of an occupant to pay rent when due. The term does not
include interest on a debt; expenses incurred in the
collection of unpaid rent; expenses incurred for the
preservation, sale, or disposition of personal property
pursuant to this article; or costs associated with the
enforcement of any other remedy provided by law or contract.
(7) LEASED SPACE. The individual storage space at a
self-service storage facility which is rented to an occupant
pursuant to a rental agreement.
(8) OCCUPANT. A person entitled to the use of leased
space at a self-service storage facility under a rental
agreement, or his or her successors or assigns.
(9) OPERATOR. The owner, operator, lessor, or sublessor
of a self-service storage facility, or an agent of any of the
foregoing, or any other person authorized to manage the
facility or to receive rent from an occupant under a rental
agreement. The term does not include a warehouseman if the
warehouseman issues a warehouse receipt, bill of lading, or
other document of title for the personal property stored.
(10) PERSONAL PROPERTY. Movable property not affixed to
land. The term includes, but is not limited to, goods, wares,
merchandise, motor vehicles, watercraft, household items, and
furnishings.
(11) PROPERTY WHICH THAT HAS NO COMMERCIAL VALUE.
Property offered for sale in a commercially reasonable sale
that receives no bid or offer.
(12) RENTAL AGREEMENT. Any written agreement or lease
that establishes or modifies the terms, conditions, or rules
concerning the use and occupancy of leased space at a
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concerning the use and occupancy of leased space at a
self-service storage facility.
(13) SELF-SERVICE STORAGE FACILITY. Any real property
used for renting or leasing individual storage spaces in which
the occupants customarily store and remove their own personal
property on a self-service basis.
(14) VERIFIED MAIL. Any method of mailing offered by
the United States Postal Service or private delivery service
that provides evidence of the mailing."
"§8-15-44
(a) The operator of a self-service storage facility and
the heirs, executors, administrators, successors, and assigns
of the operator shall have a lien upon all of the personal
property of an occupant located at the self-service storage
facility for delinquent rent, late fees, labor, or other
charges incurred pursuant to a rental agreement and for
expenses incurred for preservation, sale, or disposition of
the personal property. The lien provided for in this section
is superior to any other lien or security interest, except for
a tax lien as otherwise provided by law.
(b) The lien described in subsection (a) attaches on
the date on which personal property is placed in a leased
space.
(c) The rental agreement shall contain a statement, in
bold type, advising the occupant of all of the following:
(1) The existence of the lien.
(2) That personal property stored in the leased space
may be sold to satisfy the lien if the occupant is in default.
(3) That the occupant must disclose any lienholders
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(3) That the occupant must disclose any lienholders
with an interest in property that is stored or will be stored
in the leased space.
(d) If the rental agreement specifies a limit on the
value of personal property that the occupant may store in the
leased space, the limit shall be deemed to be the maximum
value of the personal property in the leased space of the
occupant.
(e) The rental agreement may provide for a reasonable
late fee when the occupant is in default. A monthly late fee
of twenty dollars ($20) or 20 percent of the monthly rental
amount, whichever is greater, shall be considered reasonable
and is not a penalty.
(f) The rental agreement may be delivered and executed
by verified mail or electronic mail.
(g) If an occupant does not sign a written rental
agreement that the operator has delivered to the occupant by
verified mail or electronic mail, within 30 calendar days,
then the occupant's continued use of the leased space for not
less than 30 calendar days after the date the notice was
delivered shall constitute an acceptance of the rental
agreement with the same effect as if the agreement had been
signed by the occupant. "
"§8-15-45
(a) If the occupant is in default, the operator may
deny the occupant access to the leased space at the
self-service storage facility. The operator may enter and
remove the personal property from the leased space to other
suitable storage space pending its sale or other disposition.
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suitable storage space pending its sale or other disposition.
(b) The rental agreement may contain a provision
notifying the occupant of the operator's right to dispose of
personal property remaining at the self-service storage
facility more than 15 days after the termination or nonrenewal
of the rental agreement.
(c) An occupant may not use a self-service storage
facility after the operator has delivered a written notice by
verified mail or electronic mail of the termination or
nonrenewal of the occupant's rental agreement. The notice
shall provide the occupant with not less than 15 calendar days
after delivery of the notice to remove all personal property
from the self-service storage facility.
(d) Prior to the occupant's removal of all personal
property, the operator may place reasonable restrictions on
the occupant's use of the self-service storage facility,
including denying access to the self-service storage facility
except for the occupant to remove personal property during the
operator's office hours. The operator may dispose of any
personal property remaining at the self-service storage
facility after the date provided in the written notice
pursuant to subsection (c). "
"§8-15-46
(a) If an occupant is in default for a period of more
than 30 days, the operator may enforce the lien granted in
Section 8-15-44 by selling the stored personal property of the
occupant. Sale of the personal property of an occupant may be
by public or private proceedings. The personal property may be
sold as a unit or in parcels, by way of one or more contracts,
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sold as a unit or in parcels, by way of one or more contracts,
at any time or place, with bids or offers sealed or open, and
on any terms as long as the sale is a commercially reasonable
sale. The operator may otherwise dispose of any property which
that has no commercial value.
(b) Before conducting a sale under this section, the
operator shall do all of the following:
(1) At least 20 days before the sale, send notice of
default to the occupant and any lienholder identified by the
occupant in the rental agreement by verified mail or
electronic mail pursuant to subsection (h). The notice of
default shall include:
a. A statement that the contents of the leased space
are subject to the operator's lien.
b. A statement of the operator's claim, indicating the
charges due on the date of the notice, the amount of any
additional charges which that shall become due before the date
of sale, and the date the additional charges shall become due.
c. A demand for payment of the charges due within a
specified time, which shall not be less than 10 days after the
date of the notice.
d. A statement that unless the claim is paid within the
time stated, the contents of the leased space will be sold or
otherwise disposed of after a specified time.
e. The name, street address, and telephone number of
the operator or a designated agent whom the occupant may
contact to respond to the notice.
(2) At least seven days before the sale, an
advertisement containing the time, place, and terms of the
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advertisement containing the time, place, and terms of the
sale shall be published once in a newspaper of general
circulation in the county where the self-service storage
facility is located in any commercially reasonable manner . A
single advertisement listing multiple sales in a newspaper of
general circulation in the county shall suffice. If no
newspaper of general circulation is located in the county, or
if the operator determines, based on the previous experience
of the operator, that the contents of the leased space have a
value of five hundred dollars ($500) or less, then an
advertisement in any commercially reasonable manner shall
suffice. The manner of advertisement is deemed commercially
reasonable if it is likely to attract at least three
independent bidders to attend or view the sale in person or
online at the time and place advertised.
(c) The operator may buy the personal property of the
occupant at any public sale held pursuant to this section.
(d) If the personal property subject to the operator's
lien is a vehicle, watercraft, or trailer and rent and other
charges remain unpaid the occupant is in default for 60 days,
the operator may have the vehicle, watercraft, or trailer
towed from the self-service storage facility. The operator
shall not be liable for any damages to the vehicle,
watercraft, or trailer once a licensed and bonded tower takes
possession of the property. Removal of any vehicle,
watercraft, or trailer from the self-service storage facility
shall not release the operator's lien. The sale of a
watercraft shall comply with Section 33-5A-4. Any provision of
this article to the contrary notwithstanding, unclaimed motor
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this article to the contrary notwithstanding, unclaimed motor
vehicles shall be reported in accordance with Section 32-8-84
and abandoned motor vehicles shall be sold in accordance with
Chapter 13 of Title 32.
(e) At any time before a sale is held under this
section or before a vehicle, watercraft, or trailer is towed
under this section, the occupant may pay the amount necessary
to satisfy the lien and redeem the personal property. The
operator shall have no liability to any person with respect to
personal property redeemed pursuant to this subsection.
(f) In the event of a sale, the operator may satisfy
the lien from the proceeds of the sale. The lien rights of
secured lienholders are automatically transferred to the
remaining proceeds of the sale, if any. If the sale is a
commercially reasonable sale, the operator shall not be
subject to any liability for a deficiency if the amount
realized at the sale does not satisfy any secured lien, but
shall hold the balance, if any, for delivery to the occupant
or any secured lienholder, upon demand. If the occupant or
secured lienholder, if any, does not claim the balance of the
proceeds within one year after the date of sale, the balance
shall become the property of the operator without further
recourse by the occupant or secured lienholder.
(g) A purchaser in good faith of any personal property
sold pursuant to this section to satisfy the lien granted in
Section 8-15-44 takes the property free and clear of any
rights of persons against whom the lien was valid, despite
noncompliance by the operator with the requirements of this
section. If the requirements of this article are not
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section. If the requirements of this article are not
satisfied, if the sale of the personal property is not in
conformity with the notice of sale, or if there is a willful
violation of this article, nothing in this section affects the
rights and liabilities of the owner, occupant, or any other
person.
(h) Notices to the occupant under subdivision (b)(1)
shall be sent to the last known address of the occupant by
verified mail or electronic mail. Notices sent by verified
mail shall be deemed delivered when deposited with the United
States Postal Service or private delivery service if they are
properly addressed with postage prepaid. Notices sent by
electronic mail shall be deemed delivered when an electronic
message is sent to the last known address provided by the
occupant. If the operator sends notice by electronic mail and
receives an automated message stating that the electronic mail
cannot be delivered, the operator shall send notice by
verified mail to the last known address of the occupant with
postage prepaid.
(i) If the operator complies with the requirements of
this section, the liability of the operator:
(1) To the occupant, shall be limited to the net
proceeds received from the sale of the personal property of
the occupant less any proceeds paid to the holders of any lien
or security interest of record on the personal property being
sold.; and
(2) To the holders of any lien or security interest of
record on the personal property being sold, shall be limited
to the net proceeds received from the sale of any personal
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to the net proceeds received from the sale of any personal
property covered by the lien or security interest of the
holder."
Section 2. This act shall become effective on October
1, 2026.
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