SB 976 — Virginia Self-Service Storage Act; default by occupant, watercraft.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E181 An Act to amend and reenact § 55.1-2902 of the Code of Virginia, relating to Virginia Self-Service Storage Act;

R O [S 976] Approved LMarch L22, 2023 Be it enacted by the General Assembly of Virginia:

E § 55.1-2902.

DA. such default by regular mail at his last known address, or, if expressly provided for in the rentalt of agreement, such notice may be given by electronic means.

If1. such default is not cured within 10 days after its occurrence, then the owner may proceed to enforce such lien by selling the contents of the occupant's unit at public auction, for cash, and apply the proceeds to satisfaction of the lien, with the surplus, if any, to be disbursed as provided in this section.

If any occupant is in default under a rental agreement, the owner shall notify the occupant of such default by regular mail at his last known address, or, if expressly provided for in the rental agreement, such notice may be given by electronic means.

If such default is not cured within 10 days after its occurrence, then the owner may proceed to enforce such lien by selling the contents of the surplus, if any, to be disbursed as provided in this section.

The rental agreement may provide the occupant with the option to designate an alternative contact to receive the notices required byBthisby this section.

Failure or refusal of an occupant to designate an alternative contact shall not affect7theaffect the rights or remedies afforded to an occupant or owner pursuant to the provisions of this section or any other provision of law.

No alternative contact shall have any right to access the leased space or anyEpersonalany personal property stored within unless expressly stated otherwise in the rental agreement.

R 2.

In the case of personal property having a fair market value in excess of $1,000, and against which a creditor has filed a financing statement in the name of the occupant at the State Corporation Commission or in the county or city where the self-service storage facility is located or in the county or city in the Commonwealth shown as the last known address of the occupant, or if such personal property is a watercraft required by the laws of the Commonwealth to be registered and the Department of Wildlife Resources shows a lien on the certificate of title, the owner shall notify the lienholder of priorrecord, toby thecertified timemail, andat placethe ofaddress on the proposedfinancing publicstatement auction.statement or certificate of title, at least 10 days Ifprior theto owner of the personaltime propertyand cannotplace be ascertained, the name of "John Doe" shall be substituted in the proceedingsproposed providedpublic forauction. in this section and no written notice shall be required.

If the owner of the personal property cannot be ascertained, the name of "John Doe" shall be substituted in the proceedings provided for in this section and no written notice shall be required.

theB. leased space.e occupant is in default, the owner shall have the right to deny the occupant access to C.

Whenever the occupant is in default, the owner shall have the right to deny the occupant access to the leased space.

C.

and1. the date when the charges became due;s claim, indicating the charges due on the date of the notice 2.

An itemized statement of the owner's claim, indicating the charges due on the date of the notice and the date when the charges became due;

2.

necessaryD. to satisfy the lien and thereby redeem the personal property.

At any time prior to the public auction pursuant to this section, the occupant may pay the amount E.necessary to satisfy the lien and thereby redeem the personal property.

InE. the event of a public auction pursuant to this section, the owner may satisfy his lien from the of 2 proceeds of the public auction and shall hold the balance, if any, for delivery on demand to the occupant or other lienholder referred to in this chapter.

However,In the ownerevent shallof nota bepublic obligatedauction pursuant to holdthis anysection, balancethe forowner amay lienholdersatisfy ofhis recordlien notifiedfrom pursuantthe toproceeds subdivisionof Athe 2,public orauction anyand othershall lienhold creditor,the thatbalance, failsif toany, claimfor andelivery intereston indemand to the balanceoccupant withinor 30other dayslienholder ofreferred theto publicin auction.this chapter.

However, the owner shall not be obligated to of 2 hold any balance for a lienholder of record notified pursuant to subdivision A 2, or any other lien creditor, that fails to claim an interest in the balance within 30 days of the public auction.