SSB 1149 (LSB 2706XC (1) 91)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON BOUSSELOT)

A BILL FOR

An Act concerning self-storage facilities, including acceptances and defaults of rental agreements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 578A.3, subsection 2, Code 2025, is amended to read as follows:
   2.  An occupant shall not use a leased space for residential purposes.  An occupant who uses a leased space for residential purposes is immediately in default and the operator may limit the occupant’s access to the leased space to the hours which the office is open at the self-service storage facility and proceed in accordance with this chapter.
    Sec. 2.  Section 578A.6, Code 2025, is amended to read as follows:
   578A.6  Right Rental agreement —— right to deny access due to default.
   1.  A rental agreement may be a written or oral agreement. If a written rental agreement is presented to a potential occupant by an operator and if the potential occupant takes possession of a leased space, a failure by the occupant to execute and deliver the written rental agreement to the operator within thirty days from the initial date of occupancy constitutes acceptance of the terms of the written rental agreement.
   2.  If the occupant is in default or if the operator does not renew the occupant’s rental agreement, the operator shall have deliver to the occupant a written notice or an electronic mail notice, if consented to by the parties in accordance with section 578A.5, subsection 5, to remove personal property from the leased space within fifteen days. During the fifteen-day period, the operator has the right to place reasonable restrictions on the occupant’s use of the leased space, including the right to deny or limit the occupant occupant’s access to the leased space to the hours which the office is open at the self-service storage facility if such right is set forth in the rental agreement. 
   3.  Any personal property remaining is subject to lien as provided in section 578A.5 and in accordance with section 578A.7.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides that a person who takes possession of a leased space of a self-storage facility and who receives a written rental agreement from an operator but fails to execute and deliver the written agreement within 30 days is considered to have accepted the terms of the written rental agreement. If an occupant is in default or if the operator does not renew the occupant’s rental agreement, the operator shall deliver to the occupant a written notice or an electronic mail notice, if consented to by the parties in accordance with Code section 578A.5(5), to remove personal property from the leased space within 15 days. During the 15-day period, the operator may deny or limit the occupant’s access to the leased space to the hours which the office is open at the self-service storage facility if such right is set forth in the rental agreement. Any personal property remaining is subject to lien as provided in Code section 578A.5 and in accordance with Code section 578A.7.
   The bill provides that an occupant who uses a leased space for residential purposes is immediately in default and the operator may limit the occupant’s access to the leased space to during office hours at the self-service storage facility and proceed in accordance with the Code chapter.