Pennsylvania has more than 1,700 self storage facilities, serving a statewide population of 12,807,060 (2018). The Pennsylvania Self Storage Association has helped spearhead several changes to lien laws in the Keystone State but some priorities remain.
SSA-backed Pennsylvania HB 1103 took effect on January 3, 2023. The bill amends the lien law in several ways. First, the bill expressly states that an owner may charge the occupant a reasonable late fee for each month the occupant fails to pay rent or other charges within five (5) days of the due date. The bill further provides that a late fee of $20 per month or 20% of the monthly rent for the leased space, whichever is greater, is deemed reasonable and does not constitute a penalty. Finally, to lawfully impose the fee, an owner must disclose in the rental agreement the amount of the fee and the timing for charging the fee.
The bill provides much needed flexibility to owners when advertising lien sales. Once effective, Pennsylvania operators are only required to publish the sale once in a newspaper of general circulation. The amendment allows the second advertisement to be published on a publicly accessible Internet website that regularly advertises or conducts online sales of personal property. This results in a 50 percent reduction in advertising expenses.
The bill also amends the lien law to provide an owner’s right to tow trailers after the occupant is in default for a continuous 60-day period. Existing law permits towing of motor vehicles and watercraft. Finally, the bill expressly permits owners to conduct lien sales online as opposed to exclusively in-person at the facility.
The updated annotated Pennsylvania Lien Law Book that explains all of the new amendments and provides recommendations for implementation is available on the SSA’s website.
View the PA lien Law HERE
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