An Act To Amend the Laws Governing Self-service Storage in the State
Maine Legislature, Session 125, LD 1428
Committee: Labor, Commerce, Research and Economic Development
Sponsors: COURTNEY, CRAFTS, COLLINS, MARTIN, PLOWMAN, THIBODEAU, CRAY, WATERHOUSE
Amends: 10 MRSA §1372, 10 MRSA §1374, 10 MRSA §1375, 10 MRSA §1378

Legislative Document 
No. 1428 
S.P. 442 
In Senate, April 7, 2011 
An Act To Amend the Laws Governing Self-service Storage in the 
State 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator COURTNEY of York. 
Cosponsored by Representative CRAFTS of Lisbon and 
Senators: COLLINS of York, MARTIN of Kennebec, PLOWMAN of Penobscot, 
THIBODEAU of Waldo, Representatives: CRAY of Palmyra, WATERHOUSE of Bridgton. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  10 MRSA §1372, sub-§1-A is enacted to read: 
1-A.  Abandonment.  "Abandonment" means a leased space that the operator finds 
unlocked and empty or unlocked and the personal property within the leased space has a 
value of less than $750 or the occupant surrenders possession of and all rights to the 
leased space and any personal property in the leased space. 
Sec. 2.  10 MRSA §1372, sub-§1-B is enacted to read: 
1-B.  Electronic mail.  "Electronic mail" means an electronic message or an 
executable program or computer file that contains an image of a message that is 
transmitted between 2 or more computers or electronic terminals and includes electronic 
messages that are transmitted within or between computer networks from which a 
confirmation of receipt is received. 
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 furnishings. 
Sec. 4.  10 MRSA §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-§1, 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 
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-§1-C is enacted to read: 
1-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 $750.  If the property 
has a value of greater than $750, the operator may enforce a lien pursuant to subsection 1.  
If the personal property has a value less than $750, the personal property and leased space 
may be considered abandoned and disposed of pursuant to section 1378. 
Sec. 7.  10 MRSA §1375, sub-§1-D is enacted to read: 
1-D.  Motor vehicle.  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, ¶A, as enacted by PL 1989, c. 62, §, is 
amended to read: 
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 which that 
includes: 
(1)  A statement that the contents of the occupant's leased space are subject to the 
operator's lien; 
(2)  A statement of the operator's claim, indicating the charges due on the date of 
the notice, the amount of any additional charges which shallthat 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.  The sale must 
take place at least 15 days after the notice; 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. 
Sec. 9.  10 MRSA §1375, sub-§2, ¶B, as enacted by PL 1989, c. 62, is repealed. 
Sec. 10.  10 MRSA §1375, sub-§5, ¶B, as enacted by PL 1989, c. 62, is amended 
to read: 
B.  Hold the balance, if any, no longer than 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 90 days, it becomes the property of the operator. 
Sec. 11.  10 MRSA §1375, sub-§10, as enacted by PL 1989, c. 62, is amended to 
read: 
10.  Notices; certified or registered mail.  Unless otherwise specifically provided, 
all notices required by this Act shall must be sent by certified or registered mail pursuant 
to section 2-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 shall must be sent to 
the occupant at the occupant's last known address.  Notices shall must be deemed 
delivered when deposited with the United States Postal Service, properly addressed 
as provided in subsection 2, with postage paid. 
Sec. 12.  10 MRSA §1375, sub-§13 is enacted to read: 
13.  Value of stored property.  If the rental agreement contains a limit on the value 
of property stored in the occupant's leased space, the limit is determined to be the 
maximum value of the stored property and the maximum liability of the owner for any 
claim. 
Sec. 13.  10 MRSA §1378 is enacted to read: 
§1378.  Abandonment 
If the occupant abandons the 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 without any duty of accounting or any 
liability to any party. 
SUMMARY 
This bill amends the Maine Self-service Storage Act.  It 
1.  Defines abandonment, electronic mail and verified mail; 
2.  Adds all-terrain vehicles, off-road vehicles and recreational vehicles to the 
definition of personal property; 
3.  Sets the date that the occupant leased the space as the date that the lien attaches to 
the property; 
4.  Clarifies what happens to property with a value of more than $750 and less than 
$750 and if the property is a motor vehicle, specifying that the operator of the leased 
space may have the motor vehicle towed at no expense to anyone; 
5.  Clarifies how a notice must be sent to an occupant; 
6.  Repeals the requirement that a notice of sale must be published; 
7.  Indicates that an operator may not hold any balance from proceeds of a sale for 
more than 90 days from the date of the sale and that if the balance is not claimed after 90 
days, the balance becomes the property of the operator; 
8.  Sets a maximum amount of a claim by an occupant, if there was a rental 
agreement, to be the value that was set as a maximum in the rental agreement; and 
9.  Gives the operator the right to immediately take possession of the leased space 
and dispose of the property if the occupant abandons the leased space.