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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1022
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (16).
5247S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 415.405, 415.410, 415.415, and 415.420, RSMo, and to enact in lieu thereof
four new sections relating to self-storage.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 415.405, 415.410, 415.415, and 1
415.420, RSMo, are repealed and four new sections enacted in 2
lieu thereof, to be known as sections 415.405, 415.410, 415.415, 3
and 415.420, to read as follows:4
415.405. As used in sections 415.400 to 415.425, the 1
following terms shall mean: 2
(1) "Default", the failure to perform on time any 3
obligation or duty set forth in a rental agreement; 4
(2) "Electronic mail", an electronic message or an 5
executable program or computer file that contains an image 6
of a message that is transmitted between two or more 7
computers or electronic terminals and includes electronic 8
messages that are transmitted within or between computer 9
networks; 10
(3) "Last known address", that postal address or 11
electronic mail address provided by the occupant in the 12
latest rental agreement or the postal or electronic mail 13
address provided by the occupant in a subsequent written 14
notice of a change of address, one of which may be 15
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designated in writing by the occupant as the preferred 16
method of contact which shall be used by the operator; 17
(4) "Leased space", the individual storage space at 18
the self-service facility which is rented to an occupant 19
pursuant to a rental agreement; 20
(5) "No commercial value", includes but not limited to 21
any property offered for sale in a commercially reasonable 22
manner that receives no bid or offer; 23
(6) "Occupant", a person, lessee, sublessee, successor 24
or assignee entitled to the use of a leased space at a self- 25
service storage facility under a rental agreement; 26
(7) "Operator", the owner, operator, lessor or 27
sublessor of a self-service storage facility, or an agent or 28
any other person authorized to manage the facility; except 29
that, the term "operator" does not include a warehouseman, 30
unless the operator issues a warehouse receipt, bill of 31
lading, or other document of title for the personal property 32
stored; 33
(8) "Personal property", movable property which is not 34
affixed to land, including, but not limited to, goods, 35
wares, merchandise, motor vehicles, watercraft, household 36
items, and furnishings; 37
(9) "Private sale", a sale negotiated and concluded 38
directly between the buyer and seller; 39
(10) "Public sale", [a sale made after public notice 40
and includes but is not limited to] a sale at the self- 41
service storage facility or a sale conducted online at a 42
publicly accessible website; 43
(11) "Rental agreement", any written contract or 44
agreement that establishes or modifies the terms, conditions 45
or rules concerning the use and occupancy of a self-service 46
storage facility, which is signed by the occupant and the 47
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operator. A rental agreement may be delivered and executed 48
electronically. If the occupant does not sign a written 49
rental agreement that the operator has delivered to the 50
occupant, the occupant's continued use of the leased space 51
for thirty days shall constitute an acceptance of the rental 52
agreement with the same effect as if it had been signed by 53
the occupant; 54
(12) "Self-service storage facility", any real 55
property used for renting or leasing individual storage 56
spaces in which the occupants themselves customarily store 57
and remove their own personal property on a self-service 58
basis; 59
(13) "Verified mail", any method of mailing that is 60
offered by the United States Postal Service or private 61
delivery service that provides evidence of mailing. 62
415.410. 1. An operator may not knowingly permit a 1
leased space at a self-service storage facility to be used 2
for residential purposes. An occupant may not use a leased 3
space for residential purposes. 4
2. An operator may enter the leased space at all times 5
which are reasonably necessary to insure the protection and 6
preservation of the self-service storage facility or any 7
personal property stored therein. 8
3. Prior to placing any personal property into his or 9
her leased space, each occupant shall deliver a written 10
statement to the operator or indicate in the rental 11
agreement of such leased space containing the name and 12
address of each person having a valid lien against such 13
personal property and the name and address of any third- 14
party owner of personal property stored or to be stored in 15
the leased space along with a description of such personal 16
property. 17
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4. The lessee shall be informed in writing that the 18
lessor either does or does not have casualty insurance on 19
the lessee's property. 20
5. If the rental agreement contains a limit on the 21
value of property stored in occupant's space, such limit 22
shall be deemed to be the maximum value of the stored 23
property and the maximum liability of the [owner] operator 24
for any claim for loss of or damage to stored property. 25
6. An occupant may not use a self-service storage 26
facility after the operator has delivered written notice in 27
person, by verified mail, or by electronic mail of the 28
termination or nonrenewal of the occupant's rental 29
agreement. The notice shall provide the occupant with not 30
less than fourteen days after delivery of the notice to 31
remove all personal property from the self-service storage 32
facility. 33
7. Prior to the occupant's removal of all personal 34
property, the operator may place reasonable restrictions on 35
the occupant's use of the self-service storage facility, 36
including denying access to the self-service storage 37
facility except for the occupant to remove personal property 38
during the operator's normal business hours. 39
8. The operator may dispose of any personal property 40
remaining at the self-service storage facility after the 41
date provided in the written notice under subsection 6 of 42
this section. 43
415.415. 1. The operator of a self-service storage 1
facility has a lien on all personal property stored within 2
each leased space for rent, labor, or other charges, and for 3
expenses reasonably incurred in sale of such personal 4
property, as provided in sections 415.400 to 415.425. The 5
lien established by this subsection shall have priority over 6
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all other liens except those liens that have been perfected 7
and recorded on personal property. The rental agreement 8
shall contain a statement, in bold type, advising the 9
occupant of the existence of such lien and that property 10
stored in the leased space may be sold to satisfy such lien 11
if the occupant is in default, and that any proceeds from 12
the sale of the property which remain after satisfaction of 13
the lien will be paid to the state treasurer if unclaimed by 14
the occupant within one year after the sale of the property. 15
2. If the occupant is in default for a period of more 16
than forty-five days, the operator may enforce the lien 17
granted in subsection 1 of this section and sell the 18
property stored in the leased space for cash. Sale of the 19
property stored on the premises may be done at a public or 20
private sale, may be done as a unit or in parcels, or may be 21
by way of one or more contracts, and may be at any time or 22
place and on any terms as long as the sale is done in a 23
commercially reasonable manner in accordance with the 24
provisions of section 400.9-627. The operator may otherwise 25
dispose of any property which has no commercial value. 26
3. The proceeds of any sale made under this subsection 27
shall be applied to satisfy the lien, with any surplus being 28
held for delivery on demand to the occupant or any other 29
lienholders which the operator knows of or which are 30
contained in the statement filed by the occupant pursuant to 31
subsection 3 of section 415.410 for a period of one year 32
after receipt of proceeds of the sale and satisfaction of 33
the lien. No proceeds shall be paid to an occupant until 34
such occupant files a sworn affidavit with the operator 35
stating that there are no other valid liens outstanding 36
against the property sold and that he or she, the occupant, 37
shall indemnify the operator for any damages incurred or 38
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moneys paid by the operator due to claims arising from other 39
lienholders of the property sold. After the one-year period 40
set in this subsection, any proceeds remaining after 41
satisfaction of the lien shall be considered abandoned 42
property to be reported and paid to the state treasurer in 43
accordance with laws pertaining to the disposition of 44
unclaimed property. 45
4. Before conducting a sale under subsection 2 of this 46
section, the operator shall: 47
(1) At least forty-five days before any disposition of 48
property under this section, which shall run concurrently 49
with subsection 2 of this section, notify the occupant and 50
each lienholder which is contained in any statement filed by 51
the occupant pursuant to subsection 3 of section 415.410 of 52
the default by first-class mail or electronic mail at the 53
occupant's or lienholder's last known address, and shall 54
notify any third-party owner identified by the occupant 55
pursuant to subsection 3 of section 415.410; 56
(2) No sooner than ten days after mailing the notice 57
required in subdivision (1) of this subsection, mail a 58
second notice of default, by verified mail or electronic 59
mail, to the occupant at the occupant's or lienholder's last 60
known address, which notice shall include: 61
(a) A statement that the contents of the occupant's 62
leased space are subject to the operator's lien; 63
(b) A statement of the operator's claim, indicating 64
the charges due on the date of the notice, the amount of any 65
additional charges which shall become due before the date of 66
release for sale and the date those additional charges shall 67
become due; 68
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(c) A demand for payment of the charges due within a 69
specified time, not less than ten days after the date on 70
which the second notice was mailed; 71
(d) A statement that unless the claim is paid within 72
the time stated, the contents of the occupant's space will 73
be sold after a specified time; and 74
(e) The name, street address and telephone number of 75
the operator, or a designated agent whom the occupant may 76
contact, to respond to the notice[; 77
(3) At least seven days before the sale, advertise the 78
time, place and terms of the sale in a newspaper of general 79
circulation in the jurisdiction where the sale is to be 80
held. Such advertisement shall be in the classified section 81
of the newspaper and shall state that the items will be 82
released for sale]. 83
5. If the property is a vehicle, watercraft, or 84
trailer [and rent] and [other charges remain unpaid] the 85
occupant is in default for sixty days, the [owner] operator 86
may treat the vehicle, watercraft, or trailer as an 87
abandoned vehicle and have the vehicle, watercraft, or 88
trailer towed from the self-service storage facility. When 89
the vehicle, watercraft, or trailer is towed from the self- 90
service storage facility, the [owner] operator shall not be 91
liable for the vehicle, watercraft, or trailer for any 92
damages to the motor vehicle, watercraft, or trailer once 93
the tower takes possession of the property. 94
6. At any time before a sale under this section, the 95
occupant may pay the amount necessary to satisfy the lien 96
and redeem the occupant's personal property. 97
415.420. 1. A purchaser in good faith of any personal 1
property sold under sections 415.400 to 415.425 takes the 2
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property free and clear of any rights of any persons against 3
whom the lien was valid and other lienholders. 4
2. If the operator complies with the provisions of 5
sections 415.400 to 415.425, the operator's liability to the 6
occupant shall be limited to the net proceeds received from 7
the sale of the personal property, and to other lienholders 8
shall be limited to the net proceeds received from the sale 9
of any personal property covered by the other lien. 10
3. If an occupant is in default, the operator may deny 11
the occupant access to the leased space. 12
4. Unless otherwise specifically provided in sections 13
415.400 to 415.425, all notices required by sections 415.400 14
to 415.425 shall be sent by verified mail or electronic mail 15
to the last known address as defined in section 415.400. 16
Notices sent to the operator shall be sent to the self- 17
service storage facility where the occupant's property is 18
stored unless another address to send notices to the 19
operator is specified in the rental agreement. Notices to 20
the occupant shall be sent to the occupant at the occupant's 21
last known address. Notices shall be deemed delivered when 22
deposited with the United States postal service, properly 23
addressed as provided in subsection 4 of section 415.415, 24
with postage prepaid or sent via electronic mail to the last 25
known address. 26
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