HB 1359 — An Act amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, in Entertainment Economic Enhancement Program, further providing for definitions, for procedure and for limitations; providing for regulation of self-service storage facilities; and making a repeal.

PRINTER'S NO.   1527

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1359
                                                Session of
                                                  2025

     INTRODUCED BY CONKLIN, HILL-EVANS AND NEILSON, APRIL 29, 2025

     REFERRED TO COMMITTEE ON COMMERCE, APRIL 29, 2025


                                      AN ACT
 1   Amending Title 12 (Commerce and Trade) of the Pennsylvania
 2      Consolidated Statutes, providing for regulation of self-
 3      service storage facilities; and making a repeal.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 12 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a chapter to read:
 8                                CHAPTER 56
 9                      SELF-SERVICE STORAGE FACILITIES
10   Sec.
11   5601.   Scope of chapter.
12   5602.   Definitions.
13   5603.   Residential purposes prohibited.
14   5604.   Access by owner.
15   5605.   Owner's lien.
16   5606.   Enforcement of owner's lien.
17   5607.   Notice of default to occupant.
18   5608.   Advertisement of sale.
19   5609.   Location of sale.
 1   5610.   Payment and satisfaction.
 2   5611.   Conformance with notice.
 3   5612.   Title to goods purchased.
 4   5613.   Right of owner to purchase.
 5   5614.   Excess balance from sale.
 6   5615.   Care, custody and control.
 7   5616.   Limitation on liability of owner.
 8   5617.   Effect of unsigned rental agreement.
 9   5618.   Termination or nonrenewal of rental agreement.
10   5619.   Construction of chapter.
11   § 5601.   Scope of chapter.
12      This chapter relates to self-service storage facilities.
13   § 5602.   Definitions.
14      The following words and phrases when used in this chapter
15   shall have the meanings given to them in this section unless the
16   context clearly indicates otherwise:
17      "Default."    Failure to perform timely an obligation or duty
18   under this chapter or a rental agreement.
19      "Last known address."      A postal address or email address
20   provided by the occupant in a rental agreement or the postal
21   address or email address provided by an occupant in a subsequent
22   written notice of a change of address.
23      "Leased space."   The individual storage space at a self-
24   service storage facility leased or rented to an occupant under a
25   rental agreement.
26      "Occupant."   A person, or the person's sublessee, successor
27   or assign, entitled to the use of leased space at a self-service
28   storage facility under a rental agreement, to the exclusion of
29   others.
30      "Owner."   A person who owns, operates, leases or subleases a

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 1   self-service storage facility, the person's agent or any other
 2   person authorized by the person to manage the facility or to
 3   receive rent from an occupant under a rental agreement or any of
 4   the person's employees. The term does not include:
 5             (1)   a person who is engaged in the business of storing
 6      goods for hire within the meaning of 13 Pa.C.S. Ch. 71
 7      (relating to general); or
 8             (2)   a person who issues a warehouse receipt, bill of
 9      lading or other document of title for the personal property
10      stored.
11      "Personal property."       Movable property not affixed to land.
12   The term includes goods, wares, merchandise, furniture and
13   household items.
14      "Rental agreement."     A written agreement or lease, whether or
15   not delivered and accepted electronically, that establishes or
16   modifies the terms, conditions, rules or other provisions
17   concerning the use and occupancy of a self-service storage
18   facility.
19      "Self-service storage facility."       Real property designed and
20   used for the purpose of renting or leasing individual storage
21   space to occupants that are provided access to the space for the
22   purpose of storing and removing personal property.
23      "Verified mail."     A method of mailing that is offered by the
24   United States Postal Service or private delivery service that
25   provides evidence of mailing.
26   § 5603.    Residential purposes prohibited.
27      An occupant may not use a self-service storage facility for
28   residential purposes.
29   § 5604.    Access by owner.
30      (a)    Duty to provide.--Upon the reasonable request of the

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 1   owner, an occupant shall provide access to the owner to enter
 2   the leased space for the purposes of inspection, repair,
 3   alteration, improvement or supplying of necessary or agreed
 4   services. In case of emergency, the owner may enter the leased
 5   space for any of the purposes without notice to or consent from
 6   the occupant.
 7      (b)    Definition.--As used in this section, the term
 8   "emergency" shall mean a sudden, unexpected occurrence or
 9   circumstance that demands immediate action.
10   § 5605.    Owner's lien.
11      (a)    Right to and nature of lien.--
12             (1)   An owner and any of the owner's heirs, executors,
13      administrators, successors and assigns has a lien upon all
14      personal property located at a self-service storage facility,
15      for rent, labor, late fees or other charges, present or
16      future, incurred for storing the property, and for expenses
17      necessary for its preservation or expenses reasonably
18      incurred in its sale or other disposition under this chapter.
19             (2)   The lien is superior to any other lien or security
20      interest, except any lien existing prior to the date the
21      personal property was placed at the self-service storage
22      facility supersedes any lien of the owner.
23             (3)   The lien attaches as of the date the personal
24      property is placed at the self-service storage facility, and
25      the rental agreement shall contain a statement in bold type
26      notifying the occupant of the existence of the lien.
27      (b)    Late fee.--
28             (1)   An owner may charge the occupant a reasonable late
29      fee for each month the occupant does not pay rent or other
30      charges when due. A late fee of $20 per month or 20% of the

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 1      monthly rent for the leased space, whichever is greater,
 2      shall be reasonable and may not constitute a penalty.
 3             (2)   An owner may not charge a late fee under this
 4      subsection unless the owner discloses in the rental agreement
 5      the amount of the fee and the timing for charging the fee. A
 6      late fee may be charged in addition to any other expense
 7      incurred by the owner provided by law or contract.
 8             (3)   The owner may not charge and collect a late fee if
 9      the occupant pays rent and other charges in full by the fifth
10      day after the due date under the rental agreement.
11   § 5606.    Enforcement of owner's lien.
12      (a)    Default.--An owner may not initiate an action to enforce
13   the owner's lien established under section 5605 (relating to
14   owner's lien) until the occupant has been in default
15   continuously for a period of at least 30 days.
16      (b)    Rights of owner.--
17             (1)   After the occupant has been in default continuously
18      for a period of at least 10 days, the owner may deny the
19      occupant's access to the leased space.
20             (2)   After the occupant has been in default continuously
21      for a period of at least 30 days, the owner may enter and
22      remove the personal property from the leased space to another
23      suitable storage space pending its sale or other disposition.
24      (c)    Towing authorized.--
25             (1)   If the occupant is in default continuously for a
26      period of at least 60 days and the property claimed is a
27      motor vehicle, trailer or watercraft, the owner may tow the
28      property.
29             (2)   If the motor vehicle, trailer or watercraft is
30      towed, the owner is not liable for any damage to the motor

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 1      vehicle, trailer or watercraft not caused by negligence of
 2      the owner once an adequately insured or bonded tower takes
 3      possession of the property.
 4   § 5607.    Notice of default to occupant.
 5      (a)    Duty to provide.--
 6             (1)   The owner shall give written notice of the default
 7      and any other action taken in regard to the occupant's
 8      property to the occupant by personal service, verified mail,
 9      email or by certified mail, return receipt requested, sent to
10      the occupant's last known address.
11             (2)   The notice shall be presumed to be served when it is
12      deposited with the United States Postal Service or private
13      delivery service and properly addressed with postage prepaid
14      or by email to an email address provided by the occupant.
15             (3)   Notwithstanding paragraph (1), the owner may provide
16      the notice by email only if:
17                   (i)    The occupant is informed in the original rental
18             agreement, or by subsequent modification of the
19             agreement, that notification by email is an authorized
20             means of communication under this subsection.
21                   (ii)    The occupant affirmatively consents to be
22             contacted using electronic means and to promptly advise
23             the owner of any change in the occupant's email address.
24                   (iii)    The occupant affirmation consenting to
25             electronic means of communication and to promptly advise
26             the owner of any change in the occupant's email address
27             is printed in bold type or underlined in the rental
28             agreement.
29      (b)    Contents.--The notice shall include:
30             (1)   An itemized statement of the owner's claim showing

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 1      the sum due at the time of the notice and the date when the
 2      sum became due.
 3             (2)   A demand for payment of the sum due within a
 4      specified time not less than 30 days after the date of
 5      notice.
 6             (3)   A statement that the contents of the occupant's
 7      leased space are subject to the owner's lien.
 8             (4)   The name, street address and telephone number of the
 9      owner or the owner's designated agent who the occupant may
10      contact to respond to the notice.
11             (5)   A conspicuous statement in bold print that, unless
12      the claim is paid within the time and at the place stated,
13      the personal property will be advertised for sale or will be
14      otherwise disposed of at a specified time and place, not less
15      than 30 days after the date of the notice.
16      (c)    Notice of denial of space, entry or removal.--If the
17   owner elects to deny the occupant access to the leased space or
18   elects to enter and remove the occupant's personal property from
19   the leased space to other suitable storage space, a statement so
20   advising the occupant shall be included in the notice.
21   § 5608.    Advertisement of sale.
22      (a)    Publication.--Except as provided in subsection (c),
23   after the expiration of the time stated in the notice and if the
24   personal property has not otherwise been disposed of, the owner
25   shall publish an advertisement of the sale:
26             (1)   two times preceding the date of sale in a newspaper
27      of general circulation that serves the area where the self-
28      service storage facility is located; or
29             (2)   one time preceding the date of sale in a newspaper
30      of general circulation that serves the area where the self-

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 1      service storage facility is located and on a publicly
 2      accessible Internet website that regularly advertises or
 3      conducts online sales of personal property.
 4      (b)   Contents.--The advertisement of sale shall include:
 5            (1)   A statement that the contents of the occupant's
 6      leased space will be sold to satisfy the owner's lien.
 7            (2)   The address of the self-service storage facility and
 8      the number or other description, if any, of the space where
 9      the personal property is located and the name of the
10      occupant.
11            (3)   The time, place and manner of sale.
12      (c)   Posting of sale notice.--If there is no newspaper of
13   general circulation where the self-service storage facility is
14   located, the owner shall post a written advertisement containing
15   all of the required information at least 10 days before the date
16   of the sale in not less than six conspicuous places in the
17   neighborhood where the self-service storage facility is located.
18      (d)   Time of sale.--The sale shall take place no sooner than
19   10 days after the first publication or posting.
20      (e)   Redundant advertisement permitted.--
21            (1)   If an owner is required to advertise in a newspaper
22      of general circulation under subsection (a), the owner may
23      publish a redundant advertisement on a publicly accessible
24      Internet website that regularly advertises or conducts online
25      sales of personal property. The redundant advertisement
26      satisfies the requirement to advertise on a publicly
27      accessible Internet website under subsection (a)(2).
28            (2)   If the newspaper advertisement under subsection (a)
29      fails to be timely published by the newspaper, the redundant
30      advertisement under paragraph (1) shall be valid on the date

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 1      that the advertisement is published on the publicly
 2      accessible Internet website that regularly advertises or
 3      conducts online sales of personal property.
 4      (f)    Proof of publication.--An owner that sells or otherwise
 5   disposes of personal property by a redundant advertisement under
 6   subsection (e) shall retain a copy of the advertisement provided
 7   to the newspaper and proof that the owner purchased the
 8   advertisement in a timely fashion. Proof shall consist of a
 9   receipt or any other similar communication showing the amount
10   paid and the date of the purchase. The owner shall retain a copy
11   of the advertisement and proof for one year following the date
12   of the sale or other disposition.
13   § 5609.   Location of sale.
14      A sale or other disposition of the personal property shall be
15   held at the self-service storage facility, online or at the
16   nearest suitable place to where the personal property is held or
17   stored.
18   § 5610.   Payment and satisfaction.
19      Before a sale or other disposition of the personal property,
20   the occupant may pay the amount necessary to satisfy the owner's
21   lien and other reasonable expenses incurred under this chapter
22   and redeem the personal property. Upon the payment and
23   satisfaction of the amount necessary to satisfy the owner's lien
24   and the reasonable expenses incurred, the owner shall return the
25   personal property and after that action have no liability to any
26   person with respect to the personal property.
27   § 5611.   Conformance with notice.
28      (a)    Conformance with terms.--A sale or other disposition of
29   the personal property shall conform to the terms of the
30   notification as provided for in this chapter.

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 1      (b)    Nonconsummated sale.--If the personal property is
 2   advertised for sale and the sale is not consummated, the owner
 3   shall give written notice to the occupant of any other
 4   disposition of the personal property.
 5   § 5612.   Title to goods purchased.
 6      A purchaser in good faith of the personal property sold to
 7   satisfy the owner's lien takes the property free of any right of
 8   a person against whom the lien was valid, despite noncompliance
 9   by the owner with the requirements of this chapter.
10   § 5613.   Right of owner to purchase.
11      At a sale of personal property, the owner may purchase the
12   personal property to enforce the owner's lien.
13   § 5614.   Excess balance from sale.
14      In the event of a sale under this chapter, the owner may
15   satisfy the lien from the proceeds of the sale, but shall hold
16   the balance, if any, for delivery on demand to the occupant. If
17   the occupant does not claim the balance of the proceeds within
18   six months of the date of the sale, the balance shall be deemed
19   to be abandoned and unclaimed property subject to the custody
20   and control of the occupant under Article XIII.1 of the act of
21   April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, and
22   the owner shall report and pay the balance to the State
23   Treasurer. The State Treasurer shall receive, hold and dispose
24   of the balance in accordance with Article XIII.1 of The Fiscal
25   Code.
26   § 5615.   Care, custody and control.
27      Unless the rental agreement specifically provides otherwise,
28   the exclusive care, custody and control of any personal property
29   stored in the leased space shall remain vested in the occupant
30   who shall bear all risks of loss or damage to the property not

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 1   caused by negligence of the owner.
 2   § 5616.   Limitation on liability of owner.
 3      (a)    Sale or removal.--An owner is not liable to an occupant
 4   or a third party for the removal or sale of personal property
 5   which is not the property of the occupant or upon which a prior
 6   lien has attached, unless notice was given to the owner by the
 7   occupant that the property placed in the leased space was not
 8   that of the occupant.
 9      (b)    Rental agreements.--A rental agreement shall contain a
10   provision describing the liability of the owner under subsection
11   (a) and requiring the occupant to inform the owner of the nature
12   and identity of any property placed in the leased space that is
13   not the property of the occupant.
14      (c)    Limitation of value.--If a rental agreement contains a
15   limit on the value of property that may be stored in an
16   occupant's space, the limit is deemed to be the maximum value of
17   the stored property, provided that the limit provision is
18   printed in bold type or underlined in the rental agreement.
19   § 5617.   Effect of unsigned rental agreement.
20      If, within 30 days of the delivery of a written rental
21   agreement from the owner to the occupant by hand delivery,
22   first-class mail or email, the occupant fails to sign the rental
23   agreement, the occupant's payment of rent or continued use of
24   the leased space shall be deemed an acceptance of the rental
25   agreement and the rental agreement shall be enforceable against
26   the occupant as if the rental agreement had been signed by the
27   occupant.
28   § 5618.   Termination or nonrenewal of rental agreement.
29      (a)    Prohibited entry.--After an owner delivers written
30   notice in person or by electronic mail or verified mail of the

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 1   termination or nonrenewal of an occupant's rental agreement, the
 2   occupant may not enter the self-service storage facility unless:
 3             (1)   the occupant is retrieving the occupant's personal
 4      property;
 5             (2)   the owner and occupant enter into a new rental
 6      agreement; or
 7             (3)   the occupant has the express written permission of
 8      the owner to do so.
 9      (b)    Notice.--The notice shall provide the occupant with not
10   less than 14 days after delivery of the notice to remove all
11   personal property from the self-service storage facility.
12      (c)    Restrictions on access.--Prior to the occupant's removal
13   of all personal property, the owner may place reasonable
14   restrictions on the occupant's use of the self-service storage
15   facility, including denying access to the self-service storage
16   facility except for the occupant to remove personal property
17   during the owner's normal business hours.
18      (d)    Disposal.--The owner may dispose of any personal
19   property remaining at the self-service storage facility after
20   the date provided in the written notice under this section.
21   § 5619.    Construction of chapter.
22      Nothing in this chapter shall be construed to impair or
23   affect the right of the owner and occupant to create additional
24   rights, duties and obligations in and by virtue of the rental
25   agreement. The rights provided by this chapter shall be in
26   addition to all other rights allowed by law to a creditor
27   against the debtor of the creditor.
28      Section 2.     Repeals are as follows:
29             (1)   The General Assembly finds that the repeal under
30      paragraph (2) is necessary to effectuate the addition of 12

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 1      Pa.C.S. Ch. 56.
 2          (2)   The act of December 20, 1982 (P.L.1404, No.325),
 3      known as the Self-Service Storage Facility Act, is repealed.
 4      Section 3.      The addition of 12 Pa.C.S. Ch. 56 is a
 5   continuation of the act of December 20, 1982 (P.L.1404, No.325),
 6   known as the Self-Service Storage Facility Act, and the
 7   following shall apply:
 8          (1)   Except as otherwise provided in 12 Pa.C.S. Ch. 56,
 9      all activities initiated under the Self-Service Storage
10      Facility Act shall continue and remain in full force and
11      effect and may be completed under 12 Pa.C.S. Ch. 56.
12      Resolutions, orders, regulations, rules and decisions which
13      were made under the Self-Service Storage Facility Act and
14      which are in effect on the effective date of section 2(2) of
15      this act shall remain in full force and effect until revoked,
16      vacated or modified under 12 Pa.C.S. Ch. 56. Contracts,
17      obligations and agreements entered into under the Self-
18      Service Storage Facility Act are not affected nor impaired by
19      the repeal of the Self-Service Storage Facility Act.
20          (2)   Except as specified in paragraph (3), any difference
21      in language between 12 Pa.C.S. Ch. 56 and the Self-Service
22      Storage Facility Act is intended only to conform to the style
23      of the Pennsylvania Consolidated Statutes and is not intended
24      to change or affect the legislative intent, judicial
25      construction or administrative interpretation and
26      implementation of the Self-Service Storage Facility Act.
27          (3)   Paragraph (2) does not apply to the addition of the
28      following provisions of Title 12 of the Pennsylvania
29      Consolidated Statutes:
30                (i)    The phrase "whether or not delivered and

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1         accepted electronically" in the definition of "rental
2         agreement" in section 5602.
3              (ii)    Section 5606(b) and (c).
4              (iii)    Section 5614.
5              (iv)    Section 5617.
6              (v)    Section 5618.
7     Section 4.     This act shall take effect in 60 days.




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