AN ACT Relating to strengthening consumer rights to personal property stored in self-storage units; amending RCW 19.150.040, 19.150.050, 19.150.060, and 19.150.150; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 2. RCW 19.150.040 and 2015 c 13 s 2 are each amended to read as follows:

(1) When any part of the rent or other charges due from an occupant remains unpaid for ((fourteen))twenty-eight consecutive days, an owner may terminate the right of the occupant to the use of the storage space at a self-service storage facility by sending a preliminary lien notice to the occupant's last known address, and to the alternative address specified in RCW 19.150.120(2), by first-class mail, postage prepaid, or ((electronic mail [email]))email address, containing all of the following:

(a) An itemized statement of the owner's claim showing the sums due at the time of the notice and the date when the sums become due.

(b) A statement that the occupant's right to use the storage space will terminate on a specified date (not less than ((fourteen))twenty-eight days after the notice is sent) unless all sums due and to become due by that date are paid by the occupant prior to the specified date.

(c) A notice that the occupant may be denied or continue to be denied, as the case may be, access to the storage space after the termination date if the sums are not paid, and that an owner's lien, as provided for in RCW 19.150.020 may be imposed thereafter.

(d) The name, street address, and telephone number of the owner, or his or her designated agent, whom the occupant may contact to respond to the notice.

(2) The owner may not send by ((electronic mail [email]))email the notice required under this section to the occupant's last known address or alternative address unless:

(a) The occupant expressly agrees to notice by ((electronic mail [email]))email;

(b) The rental agreement executed by the occupant specifies in bold type that notices will be given to the occupant by ((electronic mail [email]))email;

(c) The owner provides the occupant with the ((electronic mail [email]))email address from which notices will be sent and directs the occupant to modify his or her email settings to allow ((electronic mail [email]))email from that address to avoid any filtration systems; and

(d) The owner notifies the occupant of any change in the ((electronic mail [email]))email address from which notices will be sent prior to the address change.

Sec. 3. RCW 19.150.050 and 1988 c 240 s 6 are each amended to read as follows:

A notice in substantially the following form shall satisfy the requirements of RCW 19.150.040:

Sec. 4. RCW 19.150.060 and 2016 sp.s. c 6 s 1 are each amended to read as follows:

(1) If a notice has been sent, as required by RCW 19.150.040, and the total sum due has not been paid as of the date specified in the preliminary lien notice, the lien proposed by this notice attaches as of that date and the owner may deny an occupant access to the space, enter the space, inventory the goods therein, and remove any property found therein to a place of safe keeping. The owner must provide the occupant a notice of final lien sale or final notice of disposition by personal service, verified mail, or email to the occupant's last known address and alternative address or email address. If the owner sends notice required under this section to the occupant's last known email address and does not receive a reply or receipt of delivery, the owner must send a second notice to the occupant's last known postal address by verified mail. The notice required under this section must state all of the following:

(a) That the occupant's right to use the storage space has terminated and that the occupant no longer has access to the stored property.

(b) That the stored property is subject to a lien, and the amount of the lien accrued and to accrue prior to the date required to be specified in (c) of this subsection.

(c) That all the property, other than personal papers and personal photographs, may be sold to satisfy the lien after a specified date which is not less than ((fourteen))twenty-eight days from the last date of sending of the final lien sale notice, or a minimum of ((forty-two))eighty-four days after the date when any part of the rent or other charges due from the occupants remain unpaid, whichever is later, unless the amount of the lien is paid. The owner is not required to sell the personal property within a maximum number of days of when the rent or other charges first became due. If the total value of property in the storage space is less than three hundred dollars, the owner may, instead of sale, dispose of the property in any reasonable manner, subject to the restrictions of RCW 19.150.080(4). After the sale or other disposition pursuant to this section has been completed, the owner shall provide an accounting of the disposition of the proceeds of the sale or other disposition to the occupant at the occupant's last known address and at the alternative address.

(d) That any stored vehicles, watercraft, trailers, recreational vehicles, or campers may be towed or removed from the self-service storage facility in lieu of sale pursuant to RCW 19.150.160.

(e) That any excess proceeds of the sale or other disposition under RCW 19.150.080(2) over the lien amount and reasonable costs of sale will be retained by the owner and may be reclaimed by the occupant, or claimed by another person, at any time for a period of six months from the sale and that thereafter the proceeds will be turned over to the state as abandoned property as provided in RCW 63.29.165.

(f) That any personal papers and personal photographs will be retained by the owner and may be reclaimed by the occupant at any time for a period of six months from the sale or other disposition of property and that thereafter the owner may dispose of the personal papers and photographs in a reasonable manner, subject to the restrictions of RCW 19.150.080(3).

(g) That the occupant has no right to repurchase any property sold at the lien sale.

(2) The owner may not send by email the notice required under this section to the occupant's last known address or alternative address unless:

(a) The occupant expressly agrees to notice by email;

(b) The rental agreement executed by the occupant specifies in bold type that notices will be given to the occupant by email;

(c) The owner provides the occupant with the email address from which notices will be sent and directs the occupant to modify his or her email settings to allow email from that address to avoid any filtration systems; and

(d) The owner notifies the occupant of any change in the email address from which notices will be sent prior to the address change.

Sec. 5. RCW 19.150.150 and 2008 c 61 s 2 are each amended to read as follows:

Any late fee charged by the owner shall be provided for in the rental agreement. No late fee shall be collected unless it is written in the rental agreement or as an addendum to such agreement. An owner may impose a ((reasonable)) late fee ((for each month an occupant does not pay rent when due. A late fee)) of no more than twenty dollars or twenty percent of the monthly rental amount, whichever is greater, for each late rental payment ((shall be deemed reasonable, and shall not constitute a penalty)).

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