An Act To Restrict Excessive Rental Fees for Self-service Storage Facilities
Maine Legislature, Session 121, LD 1231
Committee: Business, Research and Economic Development
Sponsors: DUPLESSIE, BROMLEY, BREAULT, EARLE, GROSE, O'BRIEN, SULLIVAN, WOTTON
Amends: 10 MRSA §1372, 10 MRSA §1376

Legislative Document 
No. 1231 
H.P.905 
House of Representatives, March 6, 2003 
An Act To Restrict Excessive Rental Fees for Self-service Storage 
Facilities 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative DUPLESSIE of Westbrook. 
Cosponsored by Senator BROMLEY of Cumberland and 
'7!/~ /h.77!~~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BREAULT of Buxton, EARLE of Damariscotta, GROSE of Woolwich, 
O'BRIEN of Lewiston, SULLIVAN of Biddeford, WOTTON of Littleton. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §1372, sub.§2.A is enacted to read: 
2-A. 
Late fee. 
"Late fee" means any fee or charge assessed 
for an occupant's failure to pay rent when due. 
"Late fee" does 
not include interest on a debt, reasonable expenses incurred in 
the collection of 
unpaid 
rent or costs 
associated with 
the 
enforcement of any other remedy provided by statute or contract. 
Sec. 2. 10 MRSA §1376 is enacted to read: 
§1376. 
Late fees 
1. 
Imposition of late fee. 
An 
operator 
may 
impose 
a 
reasonable late fee in accordance with this section for each 
service period that an occupant does not pay rent when due, as 
L8 
long as the due date for the rental payment is not earlier than 
the day before the first day of the service period to which the 
rental payment applies. 
A late fee may not be imposed if the 
occupant makes a rental payment in full by the 3rd day after the 
due date. 
2. 
Conditions in writing. 
An operator may not impose a 
late fee unless the amount of that fee and the conditions for 
imposing that fee are stated in a written rental agreement or an 
addendum to that agreement. 
3. 
Permissible late fees. 
A late fee of $20 for each late 
rental payment or 
20°0 
of the 
amount of each rental payment, 
whichever is greater, is reasonable and does not constitute a 
penal ty. 
The rental agreement may provide for a late fee in q 
greater amount if that amount is reasonable. 
The operator has 
-\4 
the burden of l?roof that the late fee in the greater amount is 
reasonable. 
,fi 
4. 
Recovery 
of 
reasonable 
e~nses. 
An 
operator 
may 
recover from the occupant any reasonable expense incurred in rent 
collection or 
lien enforcement 
in addition to 
the 
late fee 
permitted by subsection 1. 
SUMMARY 
This bill, 
which is modeled 
on Ohio 
and Missouri 
law, 
prohibits 
operators 
of 
self-service 
storage 
facilities 
from 
imposing excessive rental 
fees. 
The bill requires 
that the 
amount 
and 
the 
conditions 
for 
imposing the 
late 
fee 
be 
in 
writing. 
The bill establishes as a reasonable late fee $20 for 
each late rental payment or 20% of the amount of each late rental 
payment, whichever is greater. 
The bill authorizes the operator 
and the occupant to contract for a higher late fee as long as the 
Page l-LR1658 (1) 
higher amount is reasonable. 
authorized 
to 
recover 
from 
Under the bill, an operator is also 
the 
occupant 
reasonable 
expenses 
incurred in rent collection or lien enforcement.