Montana Storage Unit Laws
If you rent a storage room, the warehouse will immediately have a lien on all the properties you put in the room. A cheque will be sent to your last known address. If the cheque is not cashed within 1 year, the person who leased the storage unit to you must send your share of the sales proceeds to the Crown. In Arkansas, House Bill 1585 allows self-storage operators to shred sensitive documents left by defaulting tenants that contain personal information relating to bank accounts, credit cards, medical information, passports and Social Security. Operators can explicitly enter a storage unit to check sensitive documents as long as the unit is more than 45 days late, depending on the measurement. Meanwhile, House Bill 2158 allows operators to sell abandoned vehicles in accordance with established state laws. Maybe. It depends on the sale price of the property. If the property is sold for more than you owe in rent, you can get money from the sale. The person who leased the storage unit to you must use the proceeds as follows: The Montana Self Storage Association has worked with the National Self Storage Association to best update Montana`s liens laws. If you would like to contribute to these efforts, if you have a relationship with our decision-makers, or if you would like to write letters of support or testify on behalf of the industry, please let us know.
(4) If the personal property subject to the operator`s lien is authorized, registered or in possession of a public registry and the fee or rent is not paid for 60 days, the operator may transfer the personal property of a professional transfer or tow truck business, including, but not limited to, motor vehicles, boats, aircraft and trailers. The operator is not liable for damage to personal property under this subdivision after the professional transfer or towing company has taken possession of the property. 4. `emergency` means a sudden and unexpected event or circumstance in or near a self-storage facility that requires immediate action to prevent injury to persons or property in or near the self-storage facility. The term includes, but is not limited to, flooding, fire, or any suspected use of the leased space for residential or other illegal purposes. At least 7 days before the sale of your property, the warehouse must: The Self-Storage Facilities Act is Montana`s law that regulates storage units. You can find the law in Montana Code Annotated (MCA) Title 70, Chapter 6, Part 6. In Montana, House Bill 402 is a major overhaul of the state`s self-storage privilege. It states that operators can assert a lien if tenants are more than 60 days late and advertise the auction outside the local newspaper. It also allows operators to set a late fee of $20, or 20% of monthly rent, whichever is greater, and remove abandoned vehicles if renters are more than 60 days late.
Operators can also communicate with tenants via email. (a) is conducted at the self-storage facility, off-site at another location or on a publicly accessible website that conducts privilege sales; and Just like the first 30 day notification, the 7-day notification will be sent by verified mail or email to an email address you provide. The storage company only needs to be able to prove that it sent the notification, not that you actually received it. Yes, the person who rented you the storage space has the right to refuse you access to the room if rent or other fees are not paid. The person who rented you the storage space can sell your property at the time of the sale mentioned in the notice. (12) `self-storage facility` means immovable property consisting of individual storage premises in which a tenant habitually stores and retrieves personal items on a self-service basis. (10) `lease` means a written contract or lease agreement setting out or amending the conditions or rules governing the use and operation of leased space in a self-storage facility; The warehouse must advertise the sale in a newspaper of high circulation in the county where the property is located or in another economically reasonable manner. “Fifteen states are still in the game with stockpiling legislation, but with many lawmakers wrapping up their regular sessions next month, more results from the 2017 effort should be available soon,” SSA officials said in an email newsletter sent to members on May 1. The governors of Arkansas and Montana have signed new self-storage laws.
Arkansas Gov. Asa Hutchinson signed two bills in March, one dealing with the disposition of sensitive documents left by defaulting tenants and the other dealing with the sale of abandoned vehicles. Last week, Montana Gov. Steve Bullock issued updates to the state`s Self-Storage Facilities Act that allow email communications with tenants and public notification of privilege sales in a “commercially reasonable” manner that is not a newspaper. The measures were supported by the National Self Storage Association (SSA). The sale must be visited or viewed by at least 3 people who can participate in person, by phone, online or otherwise. It can take place at the place of storage, outdoors or on a publicly accessible website. (6) `rental space` means individual storage space in a self-storage facility that is leased to a tenant on the basis of a rental agreement. (7) “operator” means the owner, operator, landlord or sub-owner of a self-storage facility or a representative or other person authorized to manage the facility or collect rent from a tenant under a lease. The term does not include the operator of a warehouse if he issues a warehouse receipt, bill of lading or other title document for personal property in storage.
If the rent has been past due for more than 60 days, the property can assert the lien by selling your property. Verified emails are all types of emails that prove that the item was sent – not delivered. For example, the notice could be sent to the post office with a shipping certificate. A shipping certificate indicates the date and address to which the shipment was sent. Service shall be deemed to have been served on the day on which the postmark is authentic. For the purposes of this Part: (b) a mode of transit accompanied by a transit document issued by the person sending the notification. 3. Before making a sale under this Section, the operator shall: (3) `electronic mail` means an electronic message, executable program or computer file containing an image transmitted between two or more computers or electronic terminals; The term includes an electronic message that is transmitted within or between computer networks. (7) A bona fide purchaser of personal property sold under this section to satisfy the lien granted in 70-6-605 shall take free possession of all rights of the persons against whom the lien was valid, even if the operator fails to comply with the requirements of this Part.
(9) `property without commercial value` means immovable property which is offered for sale in a commercially reasonable sale and which is not the subject of an offer or offer. (b) is visited or seen by at least three persons who present themselves in person or online, by telephone or otherwise. (2) “Default” means failure to perform in a timely manner any obligation or obligation specified in a lease or in this Part. (iv) a statement that the contents of the space rented by the tenant will be sold or otherwise disposed of after a certain period of time if the claim is not paid by the deadline; and (a) send notice of default to the Renter at least 30 days prior to the sale. The notice of defect must include: (1) “commercially reasonable sale” means a sale that: (8) “personal property” means personal property that is not connected with real property. Personal property includes, but is not limited to, property, merchandise, motor vehicles and other titled or otherwise registered vehicles or property. (5) “Last Known Address” means the postal address or e-mail address specified in a rental agreement or the postal address or e-mail address provided by the Renter by subsequent written notification of a change of address. At any time before the sale, you can pay the full amount necessary to satisfy the lien (which is due) and take your property. Not immediately. The person who rented the space to you must notify you at least 30 days before selling your property.
(a) to satisfy the lien with the proceeds of the sale; and. The notification may be received by email and will be deemed delivered when sent to the email address you provided. The advertisement must include the time, place and conditions of the sale. (8) Notifications to the tenant in accordance with subsection (3) must be sent to the tenant`s last known address by registered mail or electronic mail, if the tenant so indicates. Notices sent by verified mail will be deemed to have been delivered if they are postmarked by mail and addressed with the appropriate postage.