Chapter 19.150 RCW
SELF-SERVICE STORAGE FACILITIES
RCW SECTIONS
19.150.010 Definitions.
19.150.020 Lien on personal property.
19.150.030 Unpaid rent -- Denial of access to storage space.
19.150.040 Unpaid rent -- Termination of occupant's rights --
Notice.
19.150.050 Form of notice.
19.150.060 Attachment of lien -- Notice of lien sale or notice of
disposal.
19.150.070 Sale of property.
19.150.080 Manner of sale -- Who may not acquire -- Excess
proceeds -- Accounting.
19.150.090 Claim by persons with a security interest.
19.150.100 Payment prior to sale by persons claiming a right to
the property.
19.150.110 Good faith purchasers.
19.150.120 Contract for storage space -- Alternative address for
notice.
19.150.130 Owner not obligated to provide insurance.
19.150.140 Other rights not impaired.
19.150.900 Short title.
19.150.901 Application of chapter.
19.150.902 Existing rental agreements not affected.
19.150.903 Chapter not applicable to owner subject to Article
62A.7 RCW.
19.150.904 Severability -- 1988 c 240.
RCW 19.150.010
Definitions.
For the purposes of this chapter, the following terms shall have
the following meanings:
(1) "Self-service storage facility" means any real
property designed and used for the purpose of renting or leasing
individual storage space to occupants who are to have access to
the space for the purpose of storing and removing personal
property on a self-service basis, but does not include a garage or
other storage area in a private residence. No occupant may use a
self-service storage facility for residential purposes.
(2) "Owner" means the owner, operator, lessor, or
sublessor of a self-service storage facility, his or her agent, or
any other person authorized by him or her to manage the facility,
or to receive rent from an occupant under a rental agreement.
(3) "Occupant" means a person, or his or her sublessee,
successor, or assign, who is entitled to the use of the storage
space at a self-service storage facility under a rental agreement,
to the exclusion of others.
(4) "Rental agreement" means any written agreement or
lease which establishes or modifies the terms, conditions, rules
or any other provision concerning the use and occupancy of a
self-service storage facility.
(5) "Personal property" means movable property not
affixed to land, and includes, but is not limited to, goods,
merchandise, furniture, and household items.
(6) "Last known address" means that address provided by
the occupant in the latest rental agreement, or the address
provided by the occupant in a subsequent written notice of a
change of address.
[1988 c 240 § 2.]
RCW 19.150.020
Lien on personal property.
The owner of a self-service storage facility and his or her heirs,
executors, administrators, successors, and assigns have a lien
upon all personal property located at a self-service storage
facility for rent, labor, or other charges, present or future,
incurred pursuant to the rental agreement, and for expenses
necessary for the preservation, sale, or disposition of personal
property subject to this chapter. The lien may be enforced
consistent with this chapter. However, any lien on a motor vehicle
or boat which has attached and is set forth in the documents of
title to the motor vehicle or boat shall have priority over any
lien created pursuant to this chapter.
[1988 c 240 § 3.]
RCW 19.150.030
Unpaid rent -- Denial of access to storage space.
When any part of the rent or other charges due from an occupant
remains unpaid for six consecutive days, and the rental agreement
so provides, an owner may deny the occupant access to the storage
space at a self-service storage facility.
[1988 c 240 § 4.]
RCW 19.150.040
Unpaid rent -- Termination of occupant's rights -- Notice.
When any part of the rent or other charges due from an occupant
remains unpaid for fourteen 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 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, containing all of the following:
(1) 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.
(2) A statement that the occupant's right to use the storage space
will terminate on a specified date (not less than fourteen days
after the mailing of the notice) unless all sums due and to become
due by that date are paid by the occupant prior to the specified
date.
(3) 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.
(4) 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.
[1988 c 240 § 5.]
RCW 19.150.050
Form of notice.
A notice in substantially the following form shall satisfy the
requirements of RCW 19.150.040:
"PRELIMINARY LIEN NOTICE
to (occupant)
(address)
(state)
You owe and have not paid rent and/or other charges for the use of
storage (space number) at (name and address of self-service
storage facility)
Charges that have been due for more than fourteen days and
accruing on or before (date) are itemized as follows:
DUE DATE DESCRIPTION AMOUNT
TOTAL $
IF this sum is not paid in full before (date at least fourteen
days from mailing) , your right to use the storage space will
terminate, you may be denied, or continue to be denied, access and
an owner's lien on any stored property will be imposed. You may
pay the sum due and contact the owner at:
(Name)
(Address)
(State)
(Telephone)
(Date)
(Owner's Signature) "
[1988 c 240 § 6.]
RCW 19.150.060
Attachment of lien -- Notice of lien sale or notice of disposal.
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 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 the occupant has no right to repurchase any property sold
at the lien sale.
[1996 c 220 § 1; 1993 c 498 § 5; 1988 c 240 § 7.]
NOTES:
Application -- 1996 c 220: "This act shall only apply to
rental agreements entered into, extended, or renewed after June 6,
1996. Rental agreements entered into before June 6, 1996, 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 June 6, 1996." [1996 c
220 § 4.]
RCW 19.150.070
Sale of property.
The owner, subject to RCW 19.150.090 and 19.150.100, may sell the
property, other than personal papers and personal effects, upon
complying with the requirements set forth in RCW 19.150.080.
[1988 c 240 § 8.]
RCW 19.150.080
Manner of sale -- Who may not acquire -- Excess proceeds --
Accounting.
(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 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 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.
[1996 c 220 § 2; 1993 c 498 § 6; 1988 c 240 § 9.]
NOTES:
Application -- 1996 c 220: See note following RCW 19.150.060.
RCW 19.150.090
Claim by persons with a security interest.
Any person who has a perfected security interest under *Article
62A.9 RCW of the uniform commercial code may claim any personal
property subject to the security interest and subject to a lien
pursuant to this chapter by paying the total amount due, as
specified in the lien notices, for the storage of the property.
Upon payment of the total amount due, the owner shall deliver
possession of the particular property subject to the security
interest to the person who paid the total amount due. The owner
shall not be liable to any person for any action taken pursuant to
this section if the owner has fully complied with RCW 19.150.050
and 19.150.060.
[1988 c 240 § 10.]
NOTES:
*Reviser's note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment,
see Article 62A.9A RCW.
RCW 19.150.100
Payment prior to sale by persons claiming a right to the property.
Prior to any sale pursuant to RCW 19.150.080, any person claiming
a right to the goods may pay the amount necessary to satisfy the
lien and the reasonable expenses incurred for particular actions
taken pursuant to this chapter. In that event, the goods shall not
be sold, but shall be retained by the owner subject to the terms
of this chapter pending a court order directing a particular
disposition of the property.
[1988 c 240 § 11.]
RCW 19.150.110
Good faith purchasers.
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.
[1996 c 220 § 3; 1988 c 240 § 12.]
NOTES:
Application -- 1996 c 220: See note following RCW 19.150.060.
RCW 19.150.120
Contract for storage space -- Alternative address for notice.
(1) Each contract for the rental or lease of individual storage
space in a self-service storage facility shall be in writing and
shall contain, in addition to the provisions otherwise required or
permitted by law to be included, a statement requiring the
occupant to disclose any lienholders or secured parties who have
an interest in the property that is or will be stored in the
self-service storage facility, a statement that the occupant's
property will be subject to a claim of lien and may even be sold
to satisfy the lien if the rent or other charges due remain unpaid
for fourteen consecutive days, and that such actions are
authorized by this chapter.
(2) The lien authorized by this chapter shall not attach, unless
the rental agreement requests, and provides space for, the
occupant to give the name and address of another person to whom
the preliminary lien notice and subsequent notices required to be
given under this chapter may be sent. Notices sent pursuant to RCW
19.150.040 or 19.150.060 shall be sent to the occupant's address
and the alternative address, if both addresses are provided by the
occupant. Failure of an occupant to provide an alternative address
shall not affect an owner's remedies under this chapter or under
any other provision of law.
[1988 c 240 § 13.]
RCW 19.150.130
Owner not obligated to provide insurance.
Any insurance protecting the personal property stored within the
storage space against fire, theft, or damage is the responsibility
of the occupant. The owner is under no obligation to provide
insurance.
[1988 c 240 § 14.]
RCW 19.150.140
Other rights not impaired.
Nothing in this chapter may be construed to impair or affect the
right of the parties to create additional rights, duties, and
obligations which do not conflict with the provisions of this
chapter. The rights provided by this chapter shall be in addition
to all other rights provided by law to a creditor against his or
her debtor.
[1988 c 240 § 15.]
RCW 19.150.900
Short title.
This chapter shall be known as the "Washington self-service
storage facility act."
[1988 c 240 § 1.]
RCW 19.150.901
Application of chapter.
This chapter shall only apply to rental agreements entered into,
extended, or renewed after June 9, 1988. Rental agreements entered
into before June 9, 1988, which provide for monthly rental
payments but providing no specific termination date shall be
subject to this chapter on the first monthly rental payment date
next succeeding June 9, 1988.
[1988 c 240 § 16.]
RCW 19.150.902
Existing rental agreements not affected.
All rental agreements entered into before June 9, 1988, and not
extended or renewed after that date, or otherwise made subject to
this chapter pursuant to RCW 19.150.901, and the rights, duties,
and interests flowing from them, shall remain valid, and may be
enforced or terminated in accordance with their terms or as
permitted by any other statute or law of this state.
[1988 c 240 § 17.]
RCW 19.150.903
Chapter not applicable to owner subject to Article 62A.7 RCW.
If an owner issues any warehouse receipt, bill of lading, or other
document of title for the personal property stored, the owner and
the occupant are subject to Article 62A.7 RCW (commencing with RCW
62A.7-101) of the uniform commercial code and this chapter does
not apply.
[1988 c 240 § 18.]
RCW 19.150.904
Severability -- 1988 c 240.
If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is
not affected.
[1988 c 240 § 23.]
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