Maryland 2025 Regular Session

Maryland Senate Bill SB844 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0844
9	6
10	7		SENATE BILL 844
11	8		I4 5lr2885
12	9
13		-	By: Senator Hershey ~~Senators Hershey and Lam~~
	10	+	By: Senator Hershey
14	11		Introduced and read first time: January 28, 2025
15	12		Assigned to: Finance
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: February 23, 2025
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Maryland Self–Service Storage Act – Sale of Personal Property in Satisfaction of 2
25	19		Lien – Notice Requirements 3
26	20
27	21		FOR the purpose of requiring a certain operator of a certain self–service storage facility to 4
28	22		notify a certain occupant in a certain manner before conducting a sale of the 5
29	23		occupant’s personal property stored in certain leased space at the self–service 6
30	24		storage facility; and generally relating to enforcement of liens on personal property 7
31	25		stored in self–service storage facilities. 8
32	26
33	27		BY repealing and reenacting, without amendments, 9
34	28		Article – Commercial Law 10
35	29		Section 18–504(a) and (c) 11
36	30		Annotated Code of Maryland 12
37	31		(2013 Replacement Volume and 2024 Supplement) 13
38	32
39	33		BY repealing and reenacting, with amendments, 14
40	34		Article – Commercial Law 15
41	35		Section 18–504(b) and (d) 16
42	36		Annotated Code of Maryland 17
43	37		(2013 Replacement Volume and 2024 Supplement) 18
44	38
45	39		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
46	40		That the Laws of Maryland read as follows: 20
47	41
48		-	Article – Commercial Law 21 2 SENATE BILL 844
	42	+	Article – Commercial Law 21
	43	+
	44	+	18–504. 22
	45	+
	46	+	(a) (1) If the occupant is in default for a period of more than 60 days, the 23
	47	+	operator may enforce the lien by selling the personal property stored in the leased space at 24
	48	+	a public sale, for cash. 25 2 SENATE BILL 844
49	49
50	50
51	51
52		-	18–504. 1
	52	+	(2) Proceeds from the sale shall be applied to satisfy the lien, and any 1
	53	+	surplus shall be disbursed as provided in subsection (e) of this section. 2
53	54
54		-	(a) (1) ~~If the occupant is in default for~~ a ~~period~~ of ~~more than 60 days~~, the 2
55		-	operator ~~may enforce~~ the ~~lien by selling~~ the ~~personal property stored in the leased space at 3~~
56		-	~~a public sale~~, ~~for cash~~. 4
	55	+	(b) (1) Before conducting a sale under subsection (a) of this section, the 3
	56	+	operator shall, subject to paragraph (2) of this subsection, notify the occupant of the default 4
	57	+	by hand delivery, verified mail, or electronic mail at the occupant’s last known address. 5
57	58
58		-	(2) ~~Proceeds from~~ the ~~sale shall be applied to satisfy~~ the ~~lien, and any 5~~
59		-	~~surplus shall be disbursed as provided in subsection (e) of this section. 6~~
	59	+	(2) (i) The operator may not notify the occupant of the default by 6
	60	+	electronic mail unless: 7
60	61
61		-	(b) (1) Before conducting a sale under subsection (a) of this section, the 7
62		-	operator shall, subject to paragraph (2) of this subsection, notify the occupant of the default 8
63		-	by hand delivery, verified mail, or electronic mail at the occupant’s last known address. 9
	62	+	1. The rental agreement, or a written change to the rental 8
	63	+	agreement, specifies, in bold type, that notice may be given by electronic mail; and 9
64	64
65		-	(2) (i) The operator may not notify the occupant of the default by 10
66		-	electronic mail unless: 11
	65	+	2. The occupant provides the occupant’s initials next to the 10
	66	+	statement in the rental agreement specifying that notice of default may be given by 11
	67	+	electronic mail. 12
67	68
68		-	1. The rental agreement, or a written change to the rental 12
69		-	agreement, specifies, in bold type, that notice may be given by electronic mail; and 13
	69	+	(ii) If the operator notifies the occupant of the default by electronic 13
	70	+	mail at the occupant’s last known address and does not receive a response [or a 14
	71	+	confirmation of delivery] sent from the occupant’s electronic mail address OR A 15
	72	+	CONFIRMATION OF DELI VERY, the operator shall send a second notice of default to the 16
	73	+	occupant by verified mail to the occupant’s last known postal address. 17
70	74
71		-	2. The occupant provides the occupant’s initials next to the 14
72		-	statement in the rental agreement specifying that notice of default may be given by 15
73		-	electronic mail. 16
	75	+	(3) The notice shall include: 18
74	76
75		-	(ii) If the operator notifies the occupant of the default by electronic 17
76		-	mail at the occupant’s last known address and does not receive a response [or a 18
77		-	confirmation of delivery] sent from the occupant’s electronic mail address OR A 19
78		-	CONFIRMATION OF DELI VERY, the operator shall send a second notice of default to the 20
79		-	occupant by verified mail to the occupant’s last known postal address. 21
	77	+	(i) A statement that the contents of the occupant’s leased space are 19
	78	+	subject to the operator’s lien; 20
80	79
81		-	(3) The notice shall include: 22
	80	+	(ii) A statement of the operator’s claim, indicating the charges due 21
	81	+	on the date of the notice, the amount of any additional charges which shall become due 22
	82	+	before the date of sale, and the date those additional charges shall become due; 23
82	83
83		-	(i) A ~~statement that the contents~~ of the ~~occupant’s leased space are 23~~
84		-	~~subject to~~ the ~~operator’s lien~~; 24
	84	+	(iii) A demand for payment of the charges due within a specified time, 24
	85	+	not less than 14 days after the date that the notice was mailed; 25
85	86
86		-	(ii) A statement of the operator’s claim, indicating the charges due 25
87		-	on the date of the notice, the amount of any additional charges which shall become due 26
88		-	before the date of sale, and the date those additional charges shall become due; 27
	87	+	(iv) A statement that unless the claim is paid within the time stated, 26
	88	+	the contents of the occupant’s space will be sold at a specified time and place; and 27
89	89
90		-	(~~iii~~) ~~A demand for payment~~ of the ~~charges due within a specified time~~, 28
91		-	~~not less than 14 days after~~ the ~~date that~~ the notice ~~was mailed;~~ 29
	90	+	(v) The name, street address, and telephone number of the operator, 28
	91	+	or his designated agent, whom the occupant may contact to respond to the notice. 29
92	92
93		-	(iv) A statement that unless the claim is paid within the time stated, 30
94		-	the contents of the occupant’s space will be sold at a specified time and place; and 31
95		-
96		-	(v) The name, street address, and telephone number of the operator, 32
97		-	or his designated agent, whom the occupant may contact to respond to the notice. 33 SENATE BILL 844 3
	93	+	(4) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , AT 30
	94	+	LEAST 10 DAYS BEFORE CONDUCTI NG A SALE UNDER THIS SECTION, THE OPERATOR 31
	95	+	SHALL NOTIFY THE OCC UPANT OF THE TIME , PLACE, AND TERMS OF THE SAL E BY 32 SENATE BILL 844 3
98	96
99	97
	98	+	HAND DELIVERY , VERIFIED MAIL, OR ELECTRONIC MAIL A T THE OCCUPANT ’S LAST 1
	99	+	KNOWN ADDRESS . 2
100	100
101		-	(4) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , AT 1
102		-	LEAST 10 DAYS BEFORE CONDUCTI NG A SALE UNDER THIS SECTION, THE OPERATOR 2
103		-	SHALL NOTIFY THE OCC UPANT OF THE TIME , PLACE, AND TERMS OF THE SAL E BY 3
104		-	HAND DELIVERY , VERIFIED MAIL, OR ELECTRONIC MAIL A T THE OCCUPANT ’S LAST 4
105		-	KNOWN ADDRESS . 5
	101	+	(II) IF AN OPERATOR NOTIF IES THE OCCUPANT OF THE SALE BY 3
	102	+	ELECTRONIC MAIL AT T HE OCCUPANT ’S LAST KNOWN ADDRESS AND DOES NOT 4
	103	+	RECEIVE A RESPONSE S ENT FROM THE OCCUPAN T’S ELECTRONIC MAIL AD DRESS OR 5
	104	+	A CONFIRMATION OF DE LIVERY AT LEAST 5 DAYS BEFORE THE SALE , THE OPERATOR 6
	105	+	SHALL PROMPTLY SEND A SECOND NOTICE OF SALE TO THE OCCUP ANT BY VERIFIED 7
	106	+	MAIL TO THE OCCUPANT ’S LAST KNOWN POSTAL ADDRESS. 8
106	107
107		-	(II) IF AN OPERATOR NOTIFI ES THE OCCUPANT OF T HE SALE BY 6
108		-	ELECTRONIC MAIL AT T HE OCCUPANT ’S LAST KNOWN ADDRESS AND DOES NOT 7
109		-	RECEIVE A RESPONSE S ENT FROM THE OCCUPAN T’S ELECTRONIC MAIL AD DRESS OR 8
110		-	A CONFIRMATION OF DE LIVERY AT LEAST 5 DAYS BEFORE THE SALE , THE OPERATOR 9
111		-	SHALL PROMPTLY SEND A SECOND NOTICE OF S ALE TO THE OCCUPANT BY VERIFIED 10
112		-	MAIL TO THE OCCUPANT ’S LAST KNOWN POSTAL ADDRESS. 11
	108	+	(5) At least 3 days before conducting a sale under this section, the operator 9
	109	+	shall advertise the time, place, and terms of the sale: 10
113	110
114		-	(5) ~~At least 3 days before conducting~~ a ~~sale under this section,~~ the ~~operator 12~~
115		-	~~shall advertise the time, place, and terms of~~ the sale~~: 13~~
	111	+	(i) In a newspaper of general circulation in the jurisdiction where 11
	112	+	the sale is to be held; 12
116	113
117		-	(i) In a newspaper of general circulation in the jurisdiction where 14
118		-	the sale is to be held; 15
	114	+	(ii) By electronic mail; or 13
119	115
120		-	(ii) ~~By electronic mail;~~ ~~or 16~~
	116	+	(iii) On an online website. 14
121	117
122		-	(iii) On an online website. 17
	118	+	(c) At any time before a sale under this section, the occupant may pay the amount 15
	119	+	necessary to satisfy the lien and redeem the occupant’s personal property. 16
123	120
124		-	(c) ~~At any time before~~ a sale under this section, the ~~occupant may pay the amount 18~~
125		-	~~necessary to satisfy~~ the ~~lien and redeem the occupant’s~~ personal property. 19
	121	+	(d) (1) A sale under this section shall be held at the self–service storage facility 17
	122	+	where the personal property is stored. 18
126	123
127		-	(d) (1) A sale under this section shall be held at the self–service storage facility 20
128		-	where the personal property is stored. 21
	124	+	(2) A sale under this section shall be deemed to be held at the self–service 19
	125	+	storage facility where the personal property is stored if the sale is held on an online auction 20
	126	+	[Web site] WEBSITE. 21
129	127
130		-	(2) A sale under this section shall be deemed to be held at the self–service 22
131		-	storage facility where the personal property is stored if the sale is held on an online auction 23
132		-	[Web site] WEBSITE. 24
133		-
134		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25
135		-	1, 2025. 26
136		-
	128	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
	129	+	1, 2025. 23