{As Amended by Senate Committee of the Whole}
As Amended by Senate Committee
Session of 2024
HOUSE BILL No. 2545
By Committee on Commerce, Labor and Economic Development
Requested by Whitney Damron on behalf of Self Storage Association
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AN ACT concerning the self-service storage act; providing for sale of
property not retrieved by an occupant after notice by an operator;
allowing electronic signatures and electronic delivery for rental
agreements upon consent by an occupant; defining "property that has
no commercial value"; providing for the effectiveness of rental
agreements when such agreements are not signed or delivered by an
owner or by an occupant; specifying custody and control of abandoned
or towed property; amending K.S.A. 58-814 and 58-818 and K.S.A.
2023 Supp. 58-816 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) If the occupant does not retrieve such occupant's
personal property in the leased space for more than 45 days after the date
of a notice of termination or non-renewal by the operator, the operator may
sell the property as provided in subsection (b) without liability to any
party. The notice of termination or non-renewal shall be prepared and
delivered by the operator pursuant to the terms of the rental agreement to
be effective.
(b) Prior to the sale of the personal property, the operator shall
provide an additional notice to the occupant by first-class mail to the
occupant's last known address stating that the operator may sell the
personal property remaining in the leased space after a specified date
unless the occupant removes such personal property. Such specified date
shall be at least 45 days after the date of the notice of termination or non-
renewal and at least 15 days after the date of the additional notice. If a
notice of termination or non-renewal by the operator includes, in bold
type, a statement that the operator may sell the personal property
remaining in the leased space unless the occupant removes such property
before a specified date at least 45 days after the date of the notice of
termination or non-renewal, the operator shall not be required to provide
such additional notice. If the operator has given written notice to the
occupant by first-class mail or in the operator's notice of termination or
non-renewal as provided by this subsection and the occupant has not
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removed the personal property by the specified date, the operator may sell
the property. The operator may dispose of personal property that has no
commercial value.
(c) Any proceeds remaining after the operator deducts rent, labor or
other charges, and expenses reasonably incurred in the sale of the personal
property shall be considered abandoned property to be reported and paid to
the state treasurer in accordance with the uniform unclaimed property act.
(d) This section shall be a part of and supplemental to the self-service
storage act.
Sec. 2. K.S.A. 58-814 is hereby amended to read as follows: 58-814.
As used in the self-service storage act the following words shall mean the
following:
(a) "Self-service storage facility" means any real property used for
renting or leasing individual storage spaces in which the occupants
themselves customarily store and remove their own personal property on a
self-service basis"Default" means the failure to perform on time any
obligation or duty set forth in the rental agreement.
(b) "Rental agreement" means any written statement that establishes
or modifies the terms, conditions or rules concerning the use and
occupancy of a self-service storage facility"Electronic signature" means
an electronic symbol or process that is attached to, or logically associated
with, a rental agreement and executed or adopted by a person with an
intent to accept, execute or amend the rental agreement.
(c) "Leased space" means the individual storage space at the self-
service facility which is rented to an occupant pursuant to a rental
agreement"Last known address" means that address provided by the
occupant in the rental agreement or the address provided by the occupant
in a subsequent written notice of a change of address.
(d) "Occupant" means a person, a sublessee, successor or assign,
entitled to the use of a leased space at a self-service storage facility under a
rental agreement"Late fee" means a fee or charge assessed by an operator
for an occupant's failure to pay rent when due. A "late fee" is not interest
on a debt, nor is a late fee a reasonable expense that the operator may
incur in the course of collecting unpaid rent in enforcing the operator's
lien right pursuant to K.S.A. 58-814, et seq., and amendments thereto, or
enforcing any other remedy provided by statute or contract.
(e) "Operator" means the owner, operator, lessor or sublessor of a
self-service storage facility, an agent or any other person authorized to
manage the facility, except that "operator" does not mean a warehouseman,
unless the operator issues a warehouse receipt, bill of lading, or other
document of title for the personal property stored"Leased space" means
the individual storage space at the self-service storage facility that is
rented to an occupant pursuant to a rental agreement.
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(f) "Personal property" means movable property, not affixed to land,
and "personal property" includes, but is not limited to, goods, wares,
merchandise, motor vehicles, watercraft, household items and
furnishings"Occupant" means a person, a sublessee, successor or assign,
entitled to the use of a leased space at a self-service storage facility under
a rental agreement.
(g) "Default" means the failure to perform on time any obligation or
duty set forth in the rental agreement"Operator" means the owner,
operator, lessor or sublessor of a self-service storage facility, an agent or
any other person authorized to manage the facility, except that "operator"
does not mean a warehouseman, unless the operator issues a warehouse
receipt, bill of lading, or other document of title for the personal property
stored.
(h) "Last known address" means that address provided by the
occupant in the rental agreement or the address provided by the occupant
in a subsequent written notice of a change of address"Personal property"
means movable property, not affixed to land, and "personal property"
includes, but is not limited to, goods, wares, merchandise, motor vehicles,
watercraft, household items and furnishings.
(i) "Late fee" means a fee or charge assessed by an operator for an
occupant's failure to pay rent when due. A late fee is not interest on a debt,
nor is a late fee a reasonable expense that the operator may incur in the
course of collecting unpaid rent in enforcing the operator's lien right
pursuant to K.S.A. 58-814, et seq., and amendments thereto, or enforcing
any other remedy provided by statute or contract"Property that has no
commercial value" means property offered for sale in a commercially
reasonable sale that receives no bid or offer.
(j) "Rental agreement" means any written or electronic statement that
establishes or modifies the terms, conditions or rules concerning the use
and occupancy of a self-service storage facility.
(k) "Self-service storage facility" means any real property used for
renting or leasing individual storage spaces in which the occupants
themselves customarily store and remove their own personal property on a
self-service basis.
Sec. 3. K.S.A. 2023 Supp. 58-816 is hereby amended to read as
follows: 58-816. (a) The operator of a self-service storage facility has a
lien on all personal property stored within each leased space for rent, labor
or other charges, and for expenses reasonably incurred in its sale, as
provided in the self-service storage act.
(b) For purposes of any claim or action against an operator involving
a claim of damage to, or the loss of, personal property stored in a leased
space pursuant to a rental agreement with the operator, the value of such
personal property shall be limited by the maximum value of personal
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property permitted to be stored in the leased space under the terms of the
rental agreement.
(c) The rental agreement shall contain a statement, in bold type,
advising the occupant:
(1) Of the existence of the lien;
(2) that property stored in the leased space may be sold to satisfy the
lien if the occupant is in default;
(3) that any proceeds from the sale of the property that remain after
satisfaction of the lien will be paid to the state treasurer if unclaimed by
the occupant within one year after sale of the property; and
(4) of the claim limitation pursuant to subsection (b).
(d) The rental agreement shall include a query of the occupant as to
whether the occupant wishes to designate an alternative contact to receive
notices required by the self-storage self-service storage act and space to
designate such alternative contact. Failure or refusal of an occupant to
designate an alternative contact shall not affect an occupant's or operator's
rights or remedies under the self-storage self-service storage act or under
any other provision of law. The alternative contact, if any, shall not have
any rights to access the leased space or to the personal property stored in
the leased space unless expressly stated otherwise in the rental agreement.
(e) (1) Notwithstanding the failure to sign or deliver a rental
agreement by the operator or occupant, the rental agreement shall be
deemed to be effective if:
(A) The operator does not sign and deliver to the occupant a rental
agreement that has been signed and delivered by the occupant to the
operator and the operator accepts a payment of rent by the occupant for
the leased space as provided in the rental agreement; or
(B) except as provided in subsection (f), the occupant does not sign
and deliver to the operator a rental agreement that has been delivered to
the occupant by the operator and the occupant takes or continues
possession of the leased space or makes a payment of rent to the operator
for the leased space as provided in the rental agreement.
(2) For rental agreements initially entered into on or after July 1,
2024, a rental agreement that the occupant does not sign and deliver to
the operator shall be effective only if the rental agreement contains a
statement, in bold type, advising the occupant of the provisions of
paragraph (1)(B).
(f) If an occupant has affirmatively agreed to electronic delivery in
writing, in either paper or electronic form, a rental agreement may be
delivered electronically and may be accepted or executed by means of a
manual, facsimile or electronic signature. The provisions of subsection
(e)(1)(B) shall not apply to {a rental agreement delivered electronically
only if} an occupant that has not affirmatively agreed to electronic
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delivery in writing as provided by this subsection.
Sec. 4. K.S.A. 58-818 is hereby amended to read as follows: 58-818.
Unless the rental agreement specifically provides otherwise and until a lien
sale, the towing of personal property or a sale or disposal of personal
property not retrieved by the occupant under the self-service storage act,
the exclusive care, custody and control of all personal property stored in
the leased self-service storage space remains vested in the occupant.
Sec. 5. K.S.A. 58-814 and 58-818 and K.S.A. 2023 Supp. 58-816 are
hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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