Modernized Self-Storage Lien Law Passes Both Houses in Illinois, Awaits Governor’s Signature

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A bill that will modernize the Illinois Self Service Storage Facility Act to the benefit of the state’s self-storage operators has passed both houses and now awaits the signature of Illinois Governor Pat Quinn. Senate Bill 1394 (SB1394) passed the House of Representatives this week with a 115-0 vote, moving on to the Senate, where it also passed unanimously.

The Illinois Self Storage Association, with support from the national Self Storage Association, has been working diligently to see the bill passed. SB1394 was sponsored by Senator Mike Jacobs and House Majority Leader Joseph M. Lyons.

Improvements incorporated in the bill include:

  • Tenant notifications of lien sale can be sent by First Class Mail with a certificate of mailing rather than the more expensive Certified Mail method.
  • Self-storage operators may charge delinquent tenants a late fee of $20 or 20 percent of the monthly storage-unit rental, whichever is greater.
  • A general description of goods to be sold is no longer required in the newspaper advertisements that publicize lien sales.
  • Operators need only hold excess funds from a lien-sale auction for one year rather than two years.
  • If rent goes unpaid on a motor vehicle or watercraft for 60 days, the operator has the option to tow the vehicle from the property rather than sell it at lien sale.
  • If the rental agreement includes a limitation on value of stored property, with the provision written in bold type or underlined, that limit is deemed to be the maximum value of the stored property.

The status of the bill can be observed at www.ilga.gov/legislation/BillStatus.asp?DocNum=1394&GAID=11&DocTypeID=SB&LegId=57272&SessionID=84.

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