An Act To
Maine Legislature, Session 125, LD 1428
Committee Amendment CA_A_S248 (Senate)
Amends: 10 MRSA §1372, 10 MRSA §1374, 10 MRSA §1375, 10 MRSA §1378

COMMITTEE AMENDMENT" A" to S.P. 442, L.D. 1428, Bill, "An Act To 
Amend the Laws Governing Self-service Storage in the State" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 10 MRSA §1372, sub-§I-A is enacted to read: 
I-A. Abandoned leased space. "Abandoned lease space" means a leased space that 
the operator finds unlocked and empty or unlocked and containing personal property with 
a value less than $750 or a leased space possession of and all rights to which and any 
Dersonal propertv within which have been surrendered to the operator by the occupant. 
Sec.2. 10 MRS A §1372, sub-§I-B is enacted to read: 
I-B. Electronic mail. "Electronic mail" means electronic mail sent or delivered by 
transmission over the Intemet. 
Sec. 3. 10 MRSA §1372, sub-§6, as enacted by PL 1989, c. 62, is amended to 
read: 
6. Personal property. "Personal property" means movable property, not affixed to 
land. Personal property includes, but is not limited to, goods, wares, merchandise, motor 
vehicles, watercraft, all-terrain vehicles, off-road vehicles, recreational vehicles and 
household items and fumishings. 
Sec. 4. 10 MRS A §1372, sub-§9 is enacted to read: 
9. Verified mail. "Verified mail" means any method of mailing that is offered by 
the United States Postal Service and provides evidence of mailing. 
Sec. 5. 10 MRSA §1374, sub-§I, as enacted by PL 1989, c. 62, is amended to 
read: 
1. Lien created. The operator of a self-service storage facility has a lien on all 
personal property stored within each leased space for rent, labor or other charges, and for 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 442, L.D. 1428 
expenses reasonably incurred in its sale, as provided in this Act. The lien attaches as of 
the date the occupant leases the space. 
Sec. 6. 10 MRSA §1375, sub-§I, as amended by PL 2009, c. 525, §3, is further 
amended to read: 
1. Sale; use of proceeds. Except as provided in subsection I-A, if the occupant is in 
default for a period of more than 45 days, the operator may enforce a lien by selling the 
property stored in the leased space at a public or private sale for cash. Proceeds must 
then be applied to satisfy the lien, with any surplus disbursed as provided in subsection 5. 
The sale must take place at least 15 days after the provision of notice under subsection 2. 
Sec. 7. 10 MRS A §1375, sub-§§I-C and I-D are enacted to read: 
l-C. Personal property with value less than $750 .. If the occupant is in default for 
a period of more than 45 days, the operator may remove the occupant's lock to verify that 
the personal property in the leased space has a value greater than or equal to $750. If the 
personal property has a value greater- than or equal to $750, the operator may enforce a 
lien pursuant to subsection l. If the personal property has a value less than $750, the 
personal property and leased space may be considered an abandoned leased space and the 
personal property may be disposed of pursuant to section 1378. 
I-D. Motor vehicles. If the personal property in the leased space is a motor vehicle, 
the operator may have the motor vehicle towed with no liability to any party. 
Sec. 8. 10 MRSA §1375, sub-§2, as enacted by PL 1989, c. 62, is amended to 
read: 
2. Notice. As soon as the occupant is in default and before conducting a sale under 
subsection 1, the operator shall: 
A. Send a notice of default by regular mail and by certified mail verified mail and by 
either first-class mail or electronic mail to the occupant at the occupant's last known 
address or other address set forth by the occupant in the rental agreement wlH€-h that 
includes: 
(1) A statement that the contents of the occupant's leased space are subject to the 
operator's lien. The sale must take place at least 15 days after the provision of 
notice under subsection 2; 
(2) A statement of the operator's claim, indicating the charges due on the date of 
the notice, the amount of any additional charges '.vhich shall that become due 
before the date of sale and the date those additional charges shall become due; 
(3) A demand for payment of the charges due within a specified time, not less 
than 14 days after the date of the notice; 
(4) A statement that unless the claim is paid within the time stated, the contents 
of the occupant's space will be sold, specifying the time and place; and 
(5) 
The name, street address and telephone number of the operator, or the 
operator's designated agent, whom the occupant may contact to respond to the 
notice;-and~ 
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COMMITTEE AMENDMENT" A" to. S.P. 442, L.D. 1428 
B. 
Publish an advertisement of the sale once a vleek for 2 consecutive '.'leeks in a 
ne'Nspaper of general circulation in the city or to"'lH ",.'here the sale is to be held. The 
advertisement must include a general description of the property as set· forth in the 
rental agreement, the name of the person on whose account it is being held and the 
time and place of the sale. The sale must take place at least 15 days after the first 
publication. 
Sec. 9. 10 MRSA §1375, sub-§5,~, as enacted by PL 1989, c. 62, is amended 
to read: 
B. Hold the balance, if any, for 90 days from the date of sale for delivery on demand 
to the occupant or any other recorded lienholders. If the balance is not claimed after 
days, it becomes the property of the operator. 
Sec. 10. 10 MRS A §1375, sub-§10, as enacted by PL 1989, c. 62, is amended to 
read: 
10. Notices; mail. Unless otherwise specifically provided, all notices required by 
this Act shall must be sent by certified or registered mail as described in subsection 2, 
paragraph A. 
A. Notices sent to the operator shall must be sent to the self-service storage facility 
where the occupant's property is stored. Notices to the occupant shalt must be sent to 
the occupant at the occupant's last known address. Notices shall be are deemed 
delivered when deposited with the United States Postal Service, properly addressed 
as provided in subsection 2, with postage paid. 
Sec. 11. 10 MRSA §1375, sub-§13 is enacted to read: 
13. Value of stored property. If a rental agreement contains a limit on the value of 
personal property that may be stored in the occupant's leased space, the limit is deemed to 
be the maximum value of the stored personal property and the maximum liability of the 
operator for any claim. 
Sec. 12. 10 MRSA §1378 is enacted to read: 
§1378. Abandonment 
In the case of an abandoned leased space, the operator has the right to immediately 
take possession of the leased space and dispose of any personal property in the leased 
space by any means at the operator's discretion.' 
SUMMARY 
This amendment removes language that would have given the operator of a self-
storage facility the right to take possession of abandoned leased space without any duty of 
accounting or any liability to any party. 
This amendment also makes a number of 
grammatical and technical changes to the bill. 
COMMITTEE AMENDMENT