A BILL TO AMEND CHAPTER 20, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO SELF-SERVICE STORAGE FACILITIES, SO AS TO DEFINE ‘ELECTRONIC MAIL’, TO PROVIDE THAT WHEN RENT OR OTHER CHARGES ARE FIVE OR MORE DAYS PAST DUE THE OWNER MAY DENY THE OCCUPANT ACCESS TO THE PERSONAL PROPERTY AND THE OCCUPANT IS CONSIDERED IN DEFAULT, TO PROVIDE THAT WHEN RENT OR OTHER CHARGES ARE FOURTEEN OR MORE DAYS PAST DUE THE OCCUPANT MUST BE NOTIFIED, AND TO PROVIDE THE PROCESS BY WHICH A DEFAULTING OCCUPANT’S PERSONAL PROPERTY MAY BE DESTROYED OR SOLD. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Title 39 of the 1976 Code is amended to read: “CHAPTER 20 SelfService Storage Facilities Section 392010. This chapter is known and may be cited as the ‘South Carolina SelfService Storage Facility Act’. Section 392020. For purposes of this chapter: (a) ‘Last known address’ means that address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address. (b) ‘Occupant’ means a person, his sublessee, successor, or assign entitled to the use of the storage space at a selfservice
occupant. It is agreed to between the parties that the owner may set off any claims it may have against the occupant from this fund. The space named in this agreement is to be used by the occupant solely for the purpose of storing any personal property belonging to the occupant. The occupant agrees not to store any explosives or any highly inflammable goods or any other goods in the space which would cause danger to the space. The occupant agrees that the property will not be used for any unlawful purposes and the occupant agrees not to commit waste, nor alter, nor affix signs on the space, and will keep the space in good condition during the term of this agreement. UPON DEFAULT BY THE OCCUPANT THE OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANT’S SPACE FOR RENT, LABOR, OR OTHER CHARGES IN RELATION TO THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN OCCUPANT’S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS FIFTYDAY PERIOD AFTER DEFAULT. IF ANY MONTHLY INSTALLMENT RENT OR OTHER CHARGES ARE FIVE DAYS PAST IS NOT MADE BY THE FIFTEENTH OF THE MONTH DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED, THE OCCUPANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE. For purposes of owner’s lien: ‘personal property’ means movable property, not affixed to land and includes, but is not limited to, goods, merchandise, and household items; ‘last known address’ means that address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address. The owner’s lien attaches as of the date the occupant is considered in default. OWNER DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT THE OCCUPANT’S PERSONAL PROPERTY FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE CASUALTY LOSS. IT IS THE OCCUPANT’S RESPONSIBILITY TO PROVIDE SUCH INSURANCE. Section 392045. If the occupant has been in default continuously for fifty days, owner may enforce its lien, provided