For the purposes of this chapter, the following terms shall have the following meanings:
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, late fees, and costs of the sale, 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.
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.
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 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, containing all of the following:
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
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
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:
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 final lien sale or final notice of disposal which shall state all of the following:
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."
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 photographs, upon complying with the requirements set forth in RCW 19.150.080.
RCW 19.150.080 Manner of sale--Who may not acquire--Interest on excess proceeds.
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.
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 one month's rent in advance. In that event, the personal property may not be sold, but must be retained by the owner pending a court order directing the disposition of the personal property. If such an order is not obtained within thirty days of the original payment, the claimant must pay the monthly rental charge for the space where the personal property is stored. If rent is not paid, the owner may sell or dispose of the personal property in accordance with RCW 19.150.080. The owner has no liability to a claimant who fails to secure a court order in a timely manner or pay the required rental charge for any sale of other disposition of the personal property.
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.
Application--1996 c 220: See note following RCW 19.150.060.
RCW 19.150.120 Contract for storage space--Alternative address for notice.
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.
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.
RCW 19.150.150 Late fees.
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 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.
RCW 19.150.900 Short title.
This chapter shall be known as the "Washington self-service storage facility act."
RCW 19.150.901 Application of chapter.
This chapter shall only apply to rental agreements entered into, automatically extended, or automatically 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.
RCW 19.150.902 Existing rental agreements not affected.
All rental agreements entered into before June 9, 1988, and not automatically extended or automatically 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.
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.
RCW 19.150.904 Severability.
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.
PHOENIX, ARIZONA – August 2nd, 2016 – Today, OpenTech Alliance Inc., announced the rollout of a redesigned platform for the StorageTreasures website. The redesign enhances the user experience offering better support for the 7,500 plus storage facility clients who have made StorageTreasures their first choice for online and onsite storage auction services in the United States and Canada. The new site, which provides a more dynamic bidding experience for over 900,000 registered members, is showcased at www.StorageTreasures.com.