Arkansas 2025 Regular Session

Arkansas House Bill HB1652 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 393 of the Regular Session
3		-	ZRC050 03-06-2025 13:46:53 ZRC050
4		-
5		-	State of Arkansas As Engrossed: H3/6/25 1
	2	+	ZRC050 03/03/2025 3:29:46 PM ZRC050
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 HOUSE BILL 1652 3
8	6		4
9		-	By: ~~Representatives~~ Tosh~~, Hollowell, Lundstrum~~ 5
10		-	~~By: Senators J. Boyd, Hill, Irvin, C. Penzo~~ 6
	7	+	By: Representative Tosh 5
	8	+	6
11	9		7
12	10		For An Act To Be Entitled 8
13	11		AN ACT TO AMEND THE LAW CONCERNING SELF -SERVICE 9
14	12		STORAGE FACILITIES; TO ALLOW THE ENFORCEMENT OF AN 10
15	13		UNSIGNED SELF-SERVICE STORAGE FACILITY RENTAL 11
16	14		AGREEMENT; TO CREATE A PROCEDURE TO PROVIDE NOTICE OF 12
17	15		THE TERMINATION OF A SELF -SERVICE STORAGE FACILITY 13
18	16		RENTAL AGREEMENT; AND FOR OTHER PURPOSES. 14
19	17		15
20	18		16
21	19		Subtitle 17
22	20		T0 AMEND THE LAW CONCERNING SELF -SERVICE 18
23	21		STORAGE FACILITIES; TO ENFORCE AN 19
24	22		UNSIGNED SELF-SERVICE FACILITY STORAGE 20
25	23		RENTAL AGREEMENT; AND TO CREATE A 21
26	24		TERMINATION PROCEDURE FOR A SELF -SERVICE 22
27	25		FACILITY STORAGE RENTAL AGREEMENT. 23
28	26		24
29	27		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
30	28		26
31	29		SECTION 1. Arkansas Code § 18 -16-401(4), concerning definitions 27
32	30		related to self-service storage facilities, is amended to read as follows: 28
33	31		(4) “Last known address” means the address or electronic mail 29
34	32		address provided by the occupant in: 30
35	33		(A) The rental agreement; or 31
36	34		(B) A written or electronic application to rent a leased 32
37	35		space at a self-service storage facility if a signed rental agreement does 33
38	36		not exist; or 34
39	37		(C) A subsequent written or electronic notice of a change 35
40		-	of address; 36 ~~As Engrossed: H3/6/25~~ HB1652
	38	+	of address; 36 HB1652
41	39
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43		-
44		-
	40	+	2 03/03/2025 3:29:46 PM ZRC050
45	41		1
46	42		SECTION 2. Arkansas Code § 18 -16-401(10), concerning definitions 2
47	43		related to self-service storage facilities, is amended to read as follows: 3
48	44		(10) “Rental agreement” means a written or electronic agreement 4
49	45		that establishes or modifies the terms, conditions, or rules concerning the 5
50	46		use and occupancy of a self -service storage facility; and 6
51	47		7
52	48		SECTION 3. Arkansas Code § 18 -16-404 is amended to read as follows: 8
53	49		18-16-404. Notice of lien. 9
54	50		A rental agreement shall contain a statement in bold type advising the 10
55	51		occupant: 11
56	52		(1) Of the existence of the lien; and 12
57	53		(2) That personal property stored in the leased space may be 13
58	54		sold or removed to satisfy the lien if the occupant is in default ; and 14
59	55		(3) That the occupant is required to disclose any lienholders 15
60	56		with an interest in the personal property that is or will be stored in the 16
61	57		leased space. 17
62	58		18
63	59		SECTION 4. Arkansas Code § 18 -16-407(b)(3)(A), concerning the steps 19
64	60		the operator of a self -service storage facility must take before conducting a 20
65	61		sale and removal procedure for personal property stored in the self -service 21
66	62		storage facility, is amended to read as follows: 22
67	63		(3)(A) Contact the circuit clerk in the county where the 23
68	64		personal property is stored or use a commercially reasonable method to 24
69	65		determine the name and address of any holder of liens or security interests 25
70	66		in the personal property being sold or removed. 26
71	67		27
72	68		SECTION 5. Arkansas Code Title 18, Chapter 16, Subchapter 4, is 28
73	69		amended to add additional sections to read as follows: 29
74	70		18-16-414. Delivery of rental agreement — Enforceability. 30
75	71		(a) A rental agreement may be delivered and signed electronically or 31
76	72		in writing. 32
77	73		(b) If a person or entity does not sign a rental agreement for a 33
78	74		leased space that the operator has delivered to the last known address of the 34
79	75		person or entity by hand delivery, first class mail, or electronic mail, 35
80		-	continued use of the leased space by the person or entity for at least thirty 36 ~~As Engrossed: H3/6/25~~ HB1652
	76	+	continued use of the leased space by the person or entity for at least thirty 36 HB1652
81	77
82		-	3 03-06-2025 13:46:53 ZRC050
83		-
84		-
	78	+	3 03/03/2025 3:29:46 PM ZRC050
85	79		(30) days from the date of the notice provided under this subchapter 1
86	80		constitutes acceptance of the rental agreement by the person or entity and 2
87	81		has the same effect as if the person or entity signed the rental agreement. 3
88	82		4
89	83		18-16-415. Termination or nonrenewal of rental agreement — Notice. 5
90	84		(a)(1) Except as provided under subdivision (a)(2)(A) of this section, 6
91	85		an occupant shall not access or use a self -service storage facility upon 7
92	86		written or electronic notice of the termination or nonrenewal of the 8
93	87		occupant's rental agreement. 9
94	88		(2) A notice of the termination or nonrenewal of the occupant's 10
95	89		rental agreement under this section shall: 11
96	90		(A) Provide the occupant with at least fourteen (14) days 12
97	91		after delivery of the notice to remove his or her personal property from the 13
98	92		self-service storage facility; and 14
99	93		(B) Be delivered to the last known address of the occupant 15
100	94		by: 16
101	95		(i) Hand delivery; 17
102	96		(ii) First class mail with certificate of mailing; 18
103	97		or 19
104	98		(iii) Electronic mail. 20
105	99		(b)(1) During the period provided under subdivision (a)(2)(A) of this 21
106	100		section, the operator may place reasonable restrictions on the use of the 22
107	101		leased space and the self -service storage facility by the occupant. 23
108	102		(2) Reasonable restrictions under subdivision (b)(1) of this 24
109	103		section include without limitation limiting access to the leased space and 25
110	104		the self-service storage facility by the occupant except the access required 26
111	105		for the occupant to remove personal property during the office hours of the 27
112	106		operator. 28
113	107		(c) Upon the expiration of the period provided under subdivision 29
114	108		(a)(2)(A) of this section, the operator may dispose of any personal property 30
115	109		that: 31
116	110		(1) Belongs to an occupant who received a notice of termination 32
117	111		or nonrenewal under subsection (a) of this section; and 33
118	112		(2) Remains at the self -service storage facility. 34
119	113		35
120		-	~~APPROVED: 3/25/25~~ 36
	114	+	36