Â§ 1901. Short title.
This act shall be known and may be cited as the "Self-Service Storage Facility Act."
Â§ 1902. Definitions.
The following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Default." The failure timely to perform any obligation or duty set forth in this act or the rental agreement.
"Last known address." 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.
"Leased space." The individual storage space at the service storage facility which is leased or rented to an occupant pursuant to a rental agreement.
"Occupant." A person, his sublessee, successor or assign, entitled to the use of leased space at a self-service storage facility under a rental agreement, to the exclusion of others.
"Owner." The owner, operator, lessor or sublessor of a self-service storage facility, his agent or any person authorized by him to manage the facility or to receive rent from an occupant under a rental agreement or any of his employees. An owner is not a warehouseman as defined in 13 Pa.C.S. Â§Â§ 7102 (relating to definitions and index of definitions). If, however, an owner shall issue any warehouse receipt, bill of lading or other document of title for the personal property stored, the owner and occupant shall be subject to 13 Pa.C.S. Div. 7 (relating to warehouse receipts, bills of lading and other documents of title) and this act shall not apply.
"Personal property." Movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, furniture and household items.
"Rental agreement." Any written agreement or lease, that establishes or modifies the terms, conditions, rules or other provisions concerning the use and occupancy of a self-service storage facility.
"Self-service storage facility." Any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such space for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes.
Â§ 1903. Access
Â§ 1904. Owner's lien
The owner of a self-service storage facility and his heirs, executors, administrators, successors and assigns shall have a lien upon all personal property, while located at a self-service storage facility, for rent, labor or other charges, present or future, incurred for storing said property, and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this act. The lien provided for in this section is superior to any other lien or security interest; however any lien existing prior to the date the personal property was placed at the self-service storage facility supersedes any lien of the owner. The lien attaches as of the date the personal property is placed at the self-service storage facility and the rental agreement shall contain a statement in bold type notifying the occupant of the existence of the lien.
Â§ 1905. Enforcement of lien
Â§ 1906. Notice
Â§ 1907. Advertisement of sale
Â§ 1908. Location of sale
Any sale or other disposition of the personal property shall be held at the self-service storage facility or at the nearest suitable place to where the personal property is held or stored.
Â§ 1909. Payment and satisfaction
Before any sale or other disposition of personal property, the occupant may pay the amount necessary to satisfy the owner's lien and other reasonable expenses incurred hereunder and thereby redeem the personal property. Upon the payment and satisfaction of the amount necessary to satisfy the owner's lien and the reasonable expenses incurred, the owner shall return the personal property and the owner shall thereafter have no liability to any person with respect to such personal property.
Â§ 1910. Conformance with notice
Â§ 1911. Title to goods purchased
A purchaser in good faith of the personal property sold to satisfy the owner's lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the owner with the requirements of this section.
Â§ 1912. Right of owner to purchase
The owner may buy at any sale of personal property to enforce the owner's lien.
Â§ 1913. Excess balance from sale
In the event of a sale under this section, the owner may satisfy his lien from the proceeds of the sale but shall hold the balance, if any, for delivery on demand to the occupant. If the occupant does not claim the balance of the proceeds within six months of the date of the sale, such balance shall be deemed to be abandoned and the owner shall pay such balance to the Secretary of Revenue who shall receive, hold and dispose of same in accordance with Article XIII.1 of the act of April 9, 1929 (P.L. 343, No. 176), known as "The Fiscal Code."
Â§ 1914. Care, custody and control
Unless the rental agreement specifically provides otherwise, the exclusive care, custody and control of any and all personal property stored in the leased space shall remain vested in the occupant, who shall bear all risks of loss or damage to such property not caused by any negligence of the owner.
Â§ 1915. Limitation on liability of owner
Â§ 1916. Construction of act
Nothing in this act shall be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties and obligations in and by virtue of the rental agreement. The rights provided by this act shall be in addition to all other rights allowed by law to a creditor against his debtor.
Â§ 1917. Savings clause
All rental agreements entered into before the effective date of this act, and not extended or renewed after that date, and the rights and 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 Commonwealth.