2021 Regular Session ENROLLED
SENATE BILL NO. 101
BY SENATOR ABRAHAM
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 9:4759(3) and (5)(a) and to enact R.S. 9:4757(9) and 4758.1,
3 relative to self-service storage facilities; to provide relative to the rental agreement;
4 to provide for default of rental agreement by lessee; to provide relative to notice of
5 privilege; to provide for the advertisement of the sale or other disposition of certain
6 movable property; to provide for terms, conditions, and procedures; and to provide
7 for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 9:4759(3) and (5)(a) are hereby amended and reenacted and R.S.
10 9:4757(9) and 4758.1 are hereby enacted to read as follows:
11 §4757. Definitions
12 As used in this Part, unless the context clearly requires otherwise:
13 * * *
14 (9) "Wireless telecommunications device" means a cellular telephone, a
15 text messaging device, a personal digital assistant, a stand-alone computer, or
16 any other substantially similar wireless device.
17 * * *
18 §4758.1. Notice of privilege
19 A. A lessee shall be notified of the privilege created by this Part before
20 enforcement of the privilege by an owner. Notification of the privilege created
21 by this Part shall be satisfied by either of the following:
22 (1) A written rental agreement signed by the lessee that includes the
23 notice of privilege created by this Part. The notice of privilege in the rental
24 agreement shall be in bold typed print of not less than twelve-point font. At the
25 time of execution of the rental agreement, the owner shall bring the notice of
ACT No. 111
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words in boldface type and underscored are additions. SB NO. 101 ENROLLED
1 privilege to the attention of the lessee and the lessee shall initial by the notice of
2 privilege in the rental agreement.
3 (2) A written notification of the privilege sent to the lessee by verified
4 mail to the last known address of the lessee, by electronic mail to a primary and
5 secondary email address of the lessee, and by text message to the wireless
6 telecommunications device of the lessee provided the email addresses and
7 number of the wireless telecommunications device are listed in the rental
8 agreement.
9 B. An owner who does not have a written rental agreement that includes
10 a notice of the privilege created by this Part shall not initiate an enforcement
11 action as provided in this Part until thirty days after the written notice of a
12 privilege is mailed to the lessee as required by Paragraph (A)(2) of this Section.
13 C. To comply with the provisions of this Section, an owner shall include
14 in the rental agreement a request for the lessee to provide two email addresses
15 and the number of the lessee's wireless telecommunications device and the lessee
16 shall initial by the request in the rental agreement.
17 §4759. Options of owner upon lessee's default
18 In the event of default by the lessee, the owner of a self-storage self-service
19 storage facility has the option to enforce judicially all of his rights under the rental
20 agreement, including, if the agreement so provides, his right to accelerate all rentals
21 that will become due in the future for the full term of the lease or to cancel the lease
22 and enforce his privilege for the debt due him, as follows:
23 * * *
24 (3) The notice shall be delivered in person to the lessee or sent by verified
25 mail to the last known address of the lessee, and by electronic mail if the email
26 address is provided by the lessee in the rental agreement to a primary and
27 secondary email address of the lessee, and by text message to a wireless
28 telecommunications device provided the email addresses and number of the
29 wireless telecommunications device are listed by the lessee in the rental
30 agreement.
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1 * * *
2 (5)(a) Actual receipt of the notice made pursuant to this Section shall not be
3 required. At least ten days after its mailing, or at least ten days after the date by
4 which that payment is demanded, whichever is later, an advertisement of the sale or
5 other disposition of movable property subject to the privilege shall be published on
6 at least one occasion in a newspaper of general circulation where the self-service
7 storage facility is located and the owner of a self-service storage facility may publish
8 an advertisement of the sale on a publicly accessible website that conducts personal
9 property auctions. be published in a newspaper of general circulation where the
10 self-service storage facility is located or on a publicly accessible website that
11 conducts personal property auctions.
12 * * *
13 Section 2. This Act shall become effective on January 1, 2022; if vetoed by the
14 governor and subsequently approved by the legislature, this Act shall become effective on
15 January 1, 2022, or on the day following such approval by the legislature, whichever is later.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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