HF 1205

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/22/2021 04:32pm

A bill for an act
relating to civil law; amending self-service storage rights for occupants; amending
notice requirements for self-service storage sale of property; amending Minnesota
Statutes 2020, sections 514.972, subdivision 5; 514.973, subdivision 4; 514.974;
repealing Minnesota Statutes 2020, section 514.977.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 514.972, subdivision 5, is amended to read:

Subd. 5.

Access to certain items.

new text begin (a) new text end The occupant new text begin , or other representative authorized
by law to act on behalf of the occupant, new text end may remove from the self-service storage facility new text begin
upon demand made to any of the persons listed in section 514.976, subdivision 1:
new text end

new text begin (1) new text end personal papers, new text begin letters, documents, financial records, and photographs;
new text end

new text begin (2) new text end health aids deleted text begin , deleted text end new text begin and durable medical equipment; and
new text end

new text begin (3) new text end personal clothing of the occupant and the occupant's dependents, and personal property
that is necessary for the livelihood of the occupant, that has a market value of less than deleted text begin $50 deleted text end new text begin
$150 new text end per item, deleted text begin if demand is made to any of the persons listed in section 514.976, subdivision
1 deleted text end new text begin to be adjusted by the commissioner of commerce annually to reflect changes to the
Consumer Price Index and published on the agency's website new text end .

new text begin (b) new text end The occupant new text begin or representative new text end shall present a list of the items, and may remove them
during the facility's ordinary business hours prior to the sale authorized by section 514.973.
If the owner unjustifiably denies the occupant access for the purpose of removing the items
specified in this subdivision, the occupant is entitled to an order allowing access to the
storage unit for removal of the specified items. The self-service storage facility is liable to
the occupant for the costs, disbursements and attorney fees expended by the occupant to
obtain this order.

new text begin (c) The provisions of this subdivision may not be waived or modified.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 514.973, subdivision 4, is amended to read:

Subd. 4.

Sale of property.

(a) A sale of personal property may take place no sooner
than 45 days after default or, if the personal property is a motor vehicle or watercraft, no
sooner than 60 days after default.

(b) After the expiration of the time given in the notice, the sale must be published once
a week for two weeks consecutively in a newspaper of general circulation where the sale
is to be held. The sale may take place no sooner than 15 days after the first publication. If
the lien is satisfied before the second publication occurs, the second publication is waived.
If there is no qualified newspaper under chapter 331A where the sale is to be held, the
advertisement may be posted on an independent, publicly accessible website that advertises
self-storage lien sales or public notices. The advertisement must include a description of
the goods, the name of the person on whose account the goods are being held, and the time
and place of the sale.

(c) A sale of the personal property must conform to the terms of the notification.

(d) A sale of the personal property must be public and must be either:

(1) held via an online auction; or

(2) held at the storage facility, or at the nearest suitable place at which the personal
property is held or stored.

Owners shall require all bidders, including online bidders, to register and agree to the rules
of the sale.

(e) The sale must be conducted in a commercially reasonable manner. A sale is
commercially reasonable if the property is sold in conformity with the practices among
dealers in the property sold or sellers of similar distressed property sales.

new text begin (f) Upon demand by the occupant or other representative authorized by law to act on
behalf of the occupant, any personal property remaining after the sale may be claimed by
the owner up to the close of business on the tenth day following the sale.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales conducted on or after August
1, 2021.
new text end

Sec. 3.

Minnesota Statutes 2020, section 514.974, is amended to read:

514.974 ADDITIONAL NOTIFICATION REQUIREMENT.

new text begin (a) new text end Notification of the proposed sale of personal property must include a notice new text begin :
new text end

new text begin (1) new text end of denial of access to the personal property until the owner's claim has been satisfied new text begin ;
and
new text end

new text begin (2) that the occupant or a person authorized by law to act on behalf of the occupant may
retrieve any property remaining after the sale up to the close of business on the tenth day
following the sale new text end .

new text begin (b) new text end Any notice the owner is required to mail to the occupant under sections 514.970 to
514.979 shall be sent to:

(1) the e-mail address, if consented to by the occupant, as provided in section 514.973,
subdivision 2;

(2) the mailing address and any alternate mailing address provided by the occupant in
the rental agreement; or

(3) the last known mailing address of the occupant, if the last known mailing address
differs from the mailing address listed by the occupant in the rental agreement and the owner
has reason to believe that the last known mailing address is more current.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to notices
sent on or after that date.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 514.977, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-02830

514.977 DEFAULT.

If an occupant defaults in the payment of rent or otherwise breaches the rental agreement, the owner may commence an eviction action under chapter 504B.