Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1652 3
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By: Representative Tosh 5
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING SELF -SERVICE 9
STORAGE FACILITIES; TO ALLOW THE ENFORCEMENT OF AN 10
UNSIGNED SELF-SERVICE STORAGE FACILITY RENTAL 11
AGREEMENT; TO CREATE A PROCEDURE TO PROVIDE NOTICE OF 12
THE TERMINATION OF A SELF -SERVICE STORAGE FACILITY 13
RENTAL AGREEMENT; AND FOR OTHER PURPOSES. 14
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Subtitle 17
T0 AMEND THE LAW CONCERNING SELF -SERVICE 18
STORAGE FACILITIES; TO ENFORCE AN 19
UNSIGNED SELF-SERVICE FACILITY STORAGE 20
RENTAL AGREEMENT; AND TO CREATE A 21
TERMINATION PROCEDURE FOR A SELF -SERVICE 22
FACILITY STORAGE RENTAL AGREEMENT. 23
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
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SECTION 1. Arkansas Code § 18 -16-401(4), concerning definitions 27
related to self-service storage facilities, is amended to read as follows: 28
(4) “Last known address” means the address or electronic mail 29
address provided by the occupant in: 30
(A) The rental agreement; or 31
(B) A written or electronic application to rent a leased 32
space at a self-service storage facility if a signed rental agreement does 33
not exist; or 34
(C) A subsequent written or electronic notice of a change 35
of address; 36 HB1652
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1
SECTION 2. Arkansas Code § 18 -16-401(10), concerning definitions 2
related to self-service storage facilities, is amended to read as follows: 3
(10) “Rental agreement” means a written or electronic agreement 4
that establishes or modifies the terms, conditions, or rules concerning the 5
use and occupancy of a self -service storage facility; and 6
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SECTION 3. Arkansas Code § 18 -16-404 is amended to read as follows: 8
18-16-404. Notice of lien. 9
A rental agreement shall contain a statement in bold type advising the 10
occupant: 11
(1) Of the existence of the lien; and 12
(2) That personal property stored in the leased space may be 13
sold or removed to satisfy the lien if the occupant is in default ; and 14
(3) That the occupant is required to disclose any lienholders 15
with an interest in the personal property that is or will be stored in the 16
leased space. 17
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SECTION 4. Arkansas Code § 18 -16-407(b)(3)(A), concerning the steps 19
the operator of a self -service storage facility must take before conducting a 20
sale and removal procedure for personal property stored in the self -service 21
storage facility, is amended to read as follows: 22
(3)(A) Contact the circuit clerk in the county where the 23
personal property is stored or use a commercially reasonable method to 24
determine the name and address of any holder of liens or security interests 25
in the personal property being sold or removed. 26
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SECTION 5. Arkansas Code Title 18, Chapter 16, Subchapter 4, is 28
amended to add additional sections to read as follows: 29
18-16-414. Delivery of rental agreement — Enforceability. 30
(a) A rental agreement may be delivered and signed electronically or 31
in writing. 32
(b) If a person or entity does not sign a rental agreement for a 33
leased space that the operator has delivered to the last known address of the 34
person or entity by hand delivery, first class mail, or electronic mail, 35
continued use of the leased space by the person or entity for at least thirty 36 HB1652
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(30) days from the date of the notice provided under this subchapter 1
constitutes acceptance of the rental agreement by the person or entity and 2
has the same effect as if the person or entity signed the rental agreement. 3
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18-16-415. Termination or nonrenewal of rental agreement — Notice. 5
(a)(1) Except as provided under subdivision (a)(2)(A) of this section, 6
an occupant shall not access or use a self -service storage facility upon 7
written or electronic notice of the termination or nonrenewal of the 8
occupant's rental agreement. 9
(2) A notice of the termination or nonrenewal of the occupant's 10
rental agreement under this section shall: 11
(A) Provide the occupant with at least fourteen (14) days 12
after delivery of the notice to remove his or her personal property from the 13
self-service storage facility; and 14
(B) Be delivered to the last known address of the occupant 15
by: 16
(i) Hand delivery; 17
(ii) First class mail with certificate of mailing; 18
or 19
(iii) Electronic mail. 20
(b)(1) During the period provided under subdivision (a)(2)(A) of this 21
section, the operator may place reasonable restrictions on the use of the 22
leased space and the self -service storage facility by the occupant. 23
(2) Reasonable restrictions under subdivision (b)(1) of this 24
section include without limitation limiting access to the leased space and 25
the self-service storage facility by the occupant except the access required 26
for the occupant to remove personal property during the office hours of the 27
operator. 28
(c) Upon the expiration of the period provided under subdivision 29
(a)(2)(A) of this section, the operator may dispose of any personal property 30
that: 31
(1) Belongs to an occupant who received a notice of termination 32
or nonrenewal under subsection (a) of this section; and 33
(2) Remains at the self -service storage facility. 34
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