ost SSA members are familiar with the association’s traditional legislative agenda to address items like vehicle towing or eliminate the newspaper advertising mandate. This year the SSA has undertaken a few new initiatives in several states based on member feedback on consistent challenges they face. Legislation has been signed into law in Georgia, Idaho, Kansas, and Virginia. Bills remain pending in California, Illinois, Massachusetts, and Ohio.

As an example, Idaho was one of the first states where these new initiatives have been successful. Idaho Gov. Brad Little signed House Bill 576 into law on April 2, and it takes effect on July 1, 2024. It makes several changes outlined below.

Most operators have executed rental agreements for their tenants. However, sometimes issues may arise and there is not a signed agreement on file. This can become problematic, especially if the operator needs to enforce their lien rights. The Idaho bill fixes that issue. The amendments provide express statutory authority to bind tenants to a new rental agreement if they continue to use the space for at least 14 days after it has been delivered to them.

Storage operators are familiar with the lien remedy. When the tenant stops paying, the process starts—overlocking the unit, sending notices, and finally, if necessary, selling the contents of the unit to partially recoup losses and return the unit back to inventory. However, this straightforward remedy has only been available when the tenant stops paying their rent.

What do you do if the tenant is good about paying their rent but, for example, is living in the unit or is using their unit for unlawful purposes? The answer has traditionally been that you need to hire a lawyer and start the court eviction process. Not anymore in Idaho.

HB 576 fixes this issue. It permits operators to dispose of the personal property without liability if the tenant fails to remove the property after the end of the rental agreement if there is a provision in the rental agreement that apprises the tenant of that disposal right.

The Idaho bill also contains other provisions related to denial of access, towing, and electronic delivery of rental agreements.

The SSA is still working on these new issues in the other states mentioned above during the 2024 legislative session in addition to continuing to address the traditional lien amendments in states that have not already adopted them. Stay tuned for the August Legislative Issue of SSA Magazine, which will have a full recap of the 2024 legislative successes.