AN ACT Relating to
self-service storage facilities; amending RCW 19.150.060, 19.150.080, and
19.150.110; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 19.150.060 and 1993
c 498 s 5 are each amended to read as follows:
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 shall then serve
by personal service or send to the occupant, addressed to the occupant's last
known address and to the alternative address specified in RCW 19.150.120(2) by
certified mail, postage prepaid, a notice of lien sale or notice of disposal
which shall state all of the following:
(1) That the occupant's
right to use the storage space has terminated and that the occupant no longer
has access to the stored property.
(2) 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 subsection (3) of this section.
(3) That the property,
other than personal papers and personal effects, may be sold to satisfy the
lien after a specified date which is not less than fourteen days from the date
of mailing the lien sale notice, or a minimum of forty-two 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. If the
total value of property in the storage space is less than ((one)) 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).
(4) That any excess
proceeds of the sale or other disposition under RCW 19.150.080(2) over the lien
amount and 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.
(5) That any personal
papers and personal effects 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 effects in a reasonable manner, subject to the restrictions
of RCW 19.150.080(3).
(6) That ((if the
occupant was served with notice of the lien sale by mail, the occupant within
six months after the date of the sale may repurchase from any purchaser or
subsequent purchaser any of the occupant's property sold pursuant to RCW
19.150.080 at the price paid by the original purchaser.
(7) That if notice
of the lien sale was by personal service,)) the occupant has no right to repurchase any property sold at the
lien sale.
Sec. 2. RCW 19.150.080 and 1993
c 498 s 6 are each amended to read as follows:
(1) After the
expiration of the time given in the notice of lien sale pursuant to RCW
19.150.060, the property, other than personal papers and personal effects, may
be sold or disposed of in a reasonable manner.
(2)(a) If the property
has a value of ((one)) three hundred dollars or more, the sale
shall be conducted in a commercially reasonable manner, and, after deducting
the amount of the lien and costs of sale, the owner shall retain any excess
proceeds of the sale on the occupant's behalf. The occupant, or any other
person having a court order or other judicial process against the property, may
claim the excess proceeds, or a portion thereof sufficient to satisfy the
particular claim, at any time within six months of the date of sale.
(b) If the property has
a value of less than ((one)) three hundred dollars, the property
may be disposed of in a reasonable manner.
(3) Personal papers and
personal effects that are not reclaimed by the occupant within six months of a
sale under subsection (2)(a) of this section or other disposition under
subsection (2)(b) of this section may be disposed of in a reasonable manner.
(4) No employee or
owner, or family member of an employee or owner, may acquire, directly or
indirectly, the property sold pursuant to subsection (2)(a) of this section or
disposed of pursuant to subsection (2)(b) of this section, or personal papers
and personal effects disposed of under subsection (3) of this section.
(5) The owner is
entitled to retain any interest earned on the excess proceeds until the excess
proceeds are claimed by another person or are turned over to the state as
abandoned property pursuant to RCW 63.29.165.
(6) 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.
Sec. 3. RCW 19.150.110 and 1988
c 240 s 12 are each amended to read as follows:
(((1) Except as
provided in subsection (2) of this section,)) A purchaser in good
faith of goods disposed of pursuant to RCW 19.150.080(2) takes the goods free
of any rights of persons against whom the lien was claimed, despite
noncompliance by the owner of the storage facility with this chapter.
(((2) A purchaser or
subsequent purchaser shall return the goods to the occupant if the occupant
tenders the original purchase price plus any costs incurred by the original
purchaser within six months of the date of the purchase, unless the occupant
was personally served with notice of the lien sale. If the occupant was
personally served, the occupant has no right to repurchase the property.
(3) If the occupant
exercises his or her right to repurchase property pursuant to subsection (2) of
this section, a subsequent purchaser is entitled to rescind a transaction with
a previous purchaser.))
NEW
SECTION. Sec. 4. This act shall only apply
to rental agreements entered into, extended, or renewed after the effective
date of this act. Rental agreements entered into before the effective date of
this act, which provide for monthly rental payments but providing no specific
termination date shall be subject to this act on the first monthly rental
payment date next succeeding the effective date of this act.
