SB 151 — AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SELF-SERVICE STORAGE FACILITIES.

Rep.Sen.

BushMantzavinos HOUSE& OFRep. REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Bush TOSen. SENATE BILL NO.

151Hoffner; AMEND Senate Bill No.

151Reps. on line 7 by deleting “agreement or lease, written or oral,” as it appears therein and inserting in lieu thereof “written agreement or lease, written or oral, lease,”.

FURTHERK. AMEND Senate Bill No.

151Johnson, onOrtega lineDELAWARE 42STATE bySENATE deleting153rd “isGENERAL claimed”ASSEMBLY asSENATE itBILL appearsNO. therein and inserting in lieu thereof “is claimed”.

FURTHER151 AN ACT TO AMEND SenateTITLE Bill25 No.OF THE DELAWARE CODE RELATING TO SELF-SERVICE STORAGE FACILITIES.

151BE onIT lineENACTED 54BY byTHE deletingGENERAL “14”ASSEMBLY asOF itTHE appearsSTATE thereinOF andDELAWARE: inserting in lieu thereof “35”.

FURTHERSection AMEND1. Senate Bill No.

151Amend onChapter line49, 56Title 25 of the Delaware Code by insertingmaking “,deletions uponas notice,”shown afterby “may”strike through and beforeinsertions “place”as therein.shown by underline as follows:

SYNOPSIS§ This4902. amendment provides additional consumer protections to the Delaware Self-Service Storage Facilities Act by eliminating oral rental agreements, expanding the time frame for notice from 14 to 35 days, and ensuring that owners provide notice of any reasonable restrictions on the use of self-storage facilities.

HDDefinitions. :

LTK(2) :“Last known address” means that address provided by the occupant in the latest rental agreement or or, subject to any requirements in the rental agreement, the address provided by the occupant in a subsequent written notice of a change of address.

SCD(6) Page“Rental 1agreement” means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of 1a Released:self-service storage facility.

06/18/2025A 11:54rental AMagreement 3491530077may be delivered and accepted electronically.

§ 4903.

Creation of lien.

The owner of a self-service storage facility and the owner’s heirs, executors, administrators, successors and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this chapter.

The lien provided for in this section is superior to any other lien or security interest, except liens or security interests secured by motor vehicles titled pursuant to Chapter 23 of Title 21.

The lien attaches as of the date the personal property is brought to the self-service storage facility;

provided that the written rental agreement states that such lien will attach.

The occupant shall be bound by the rental agreement even if unsigned, if the occupant pays, rents, or uses the leased space more than 30 days after delivery of the written rental agreement to the occupant.

§ 4903A.

Rental agreements.

(a) The rental agreement must contain a statement advising any occupant of the following:

(1) The existence of the lien.

SD :

JH :

CBK Page 1 of 3 Released:

05/15/2025 12:36 PM (2) That personal property stored in the leased space may be sold to satisfy the lien if the occupant is in default.

§ 4904.

Enforcement;

satisfaction of lien.

(c) After the expiration of the time given in the notice, an advertisement of the sale or other disposition shall be published once a week for 2 consecutive weeks in the print or electronic version of a newspaper of general circulation in the county where the self-service storage facility is located or on a publicly accessible independent website that regularly advertises or conducts online auction auctions or sales of personal property.

The advertisement shall include:

(1) A brief and general description of the personal property reasonably adequate to permit its identification as provided for in paragraph (a)(3)b.

of this section.

(2) The address of the self-service storage facility and the number, if any, of the space where the personal property is located and the name of the occupant.

(3) The time, place and manner of the sale or other disposition.