SB 165

2026 Regular Session  ENROLLED
  ACT No. 468
 SENATE BILL NO. 165
 BY SENATOR ABRAHAM
1AN ACT
2 To amend and reenact R.S. 9:4757, 4758.1(A)(2) and (B), and 4759(3), (5)(a), and (9) and
3to enact R.S. 9:4759.1 and 4759.2, relative to self-service storage facilities; to
4provide relative to the rental agreement; to provide for default of rental agreement
5by lessee; to provide relative to delivery of notice of privilege; to provide for the sale
6or other disposition of certain movable property; to provide for definitions and
7procedures; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9Section 1. R.S. 9:4757, 4758.1(A)(2) and (B), and 4759(3), (5)(a), and (9) are hereby
10 amended and reenacted and R.S. 9:4759.1 and 4759.2 are hereby enacted to read as follows:
11§4757. Definitions
12As used in this Part, unless the context clearly requires otherwise:
13(1) "Default" means the failure by the lessee to perform, on time, any
14obligation or duty set forth in the rental agreement or pursuant to this Part.
15(2) "Electronic mail" means an electronic message that is transmitted between
16two or more telecommunications devices, computers, or electronic devices capable
17of receiving electronic messages, whether or not the message is converted to printed
18format after receipt or is viewed upon transmission or stored for later retrieval.
19"Electronic mail" includes electronic messages that are transmitted through a local,
20regional, or global computer network.
21(2)(3) "Electronic mail address" means a destination, commonly expressed
22as a string of characters, to which electronic mail can be sent or delivered. An
23"electronic mail address" may include a user name or mailbox and a reference to an
24Internet domain.
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1(3)(4) "Last known address" means the mailing address or the electronic mail
2address provided by the lessee in the latest rental agreement or, subject to any
3requirements in the rental agreement, the mailing address or the electronic mail
4address provided by the lessee in a subsequent written notice of a change of address.
5(4)(5) "Lessee" means a person, his sublessee, successor, or assign, entitled
6to the use of storage space at a self-service storage facility under a rental agreement,
7to the exclusion of others.
8(5)(6) "Owner" means the owner, operator, lessor, or sublessor of a
9self-service storage facility, his agent, or any other person authorized by him to
10manage the facility or to receive rent from a lessee under a rental agreement.
11(6)(7) "Rental agreement" means any agreement or lease, written or oral,
12entered into between the owner and a lessee, that establishes or modifies the terms,
13conditions, rules, or any other provisions concerning the use of self-service storage
14facility. The rental agreement may be delivered and accepted electronically.
15(7)(8) "Self-service storage facility" means any real property designed and
16used for the purpose of renting or leasing individual storage space to lessees who are
17to have access to such for the purpose of storing and removing movable property. No
18lessee shall use a self-service storage facility for residential purposes. A self-service
19storage facility shall not be considered as a warehouse subject to the provisions of
20Title 10 of the Louisiana Revised Statutes of 1950; however, if an owner issues any
21warehouse receipt, bill of lading, or other document of title for the movable property
22stored, the owner and the lessees shall be subject to the provisions of Title 10 of the
23Louisiana Revised Statutes of 1950 and the provisions of this Part shall not apply.
24(8)(9) "Verified mail" means any method of mailing that is offered by the
25United States Postal Service or a private delivery service that provides evidence of
26mailing.
27(9)(10) "Wireless telecommunications device" means a cellular telephone,
28a text messaging device, a personal digital assistant, a stand-alone computer, or any
29other substantially similar wireless device.
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1§4758.1. Notice of privilege
2A. A lessee shall be notified of the privilege created by this Part before
3enforcement of the privilege by an owner. Notification of the privilege created by
4this Part shall be satisfied by either of the following:
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6(2) A written notification of the privilege sent to the lessee by verified mail
7to the last known address of the lessee, by electronic mail to a primary and secondary
8email address of the lessee, and by text message to the wireless telecommunications
9device of the lessee provided the email addresses and number of the wireless
10telecommunications device are listed in the rental agreement and by electronic mail
11to the email address provided by the lessee and listed in the rental agreement.
12B. An owner who does not have a written rental agreement that includes a
13notice of the privilege created by this Part shall not initiate an enforcement action as
14provided in this Part until thirty days after the written notice of a privilege is mailed
15sent to the lessee as required by Paragraph (A)(2) of this Section.
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17§4759. Options of owner upon lessee's default
18In the event of default by the lessee, the owner of a self-service storage
19facility has the option to enforce judicially all of his rights under the rental
20agreement, including, if the agreement so provides, his right to accelerate all rentals
21that will become due in the future for the full term of the lease or to cancel the lease
22and enforce his privilege for the debt due him, as follows:
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24(3) The notice shall be delivered in person to the lessee or sent by verified
25mail to the last known address of the lessee, by electronic mail to a primary and
26secondary email address of the lessee, and by text message to a wireless
27telecommunications device provided the email addresses and number of the wireless
28telecommunications device are listed by the lessee in the rental agreement and by
29electronic mail to the email address provided by the lessee and listed in the
30rental agreement.
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2(5)(a) Actual receipt of the notice made pursuant to this Section shall not be
3required. At least ten days after its mailing, or at least ten days after the date that
4payment is demanded, whichever is later, an advertisement of the sale or other
5disposition of movable property subject to the privilege shall on at least one occasion
6be published in a newspaper of general circulation where the self-service storage
7facility is located or on a publicly accessible website that regularly advertises or
8conducts personal property auctions or sales.
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10(9) If the property upon which the lien is claimed is a motor vehicle,
11watercraft, or trailer, and rent and other charges remain unpaid for sixty days and the
12lessee is in default for sixty days, the owner may have the property towed in lieu
13of foreclosing on the lien. If a motor vehicle, watercraft, or trailer is towed pursuant
14to the provisions of this Paragraph, the owner shall not be liable for the motor
15vehicle, watercraft, or trailer or for any damages to the motor vehicle, watercraft, or
16trailer once the tower takes possession of the property. Any tower shall be licensed
17pursuant to the Louisiana Towing and Storage Act, R.S. 32:1711 et seq.
18*     *       *
19§4759.1. Termination of rental agreement
20A. An owner may terminate a rental agreement in accordance with the
21provisions of the rental agreement or as authorized by law by delivering to the
22lessee a written notice of termination. The notice shall include all of the
23following information:
24(1) The lessee shall have fifteen days after the date of delivery of the
25notice as provided by this Subsection to remove all personal property from the
26self-service storage facility.
27(2) The owner may limit access to the self-service storage facility to the
28owner's posted business hours.
29(3) Failure of the lessee to remove all personal property as provided by
30this Subsection shall constitute a default of the rental agreement by the lessee.
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1B. Upon default of the lessee as provided in Subsection A of this Section,
2the owner may assert a lien privilege on any personal property remaining at the
3self-service storage facility and may enforce the lien by sale or public auction
4in accordance with this Part, except the requirement to advertise in accordance
5with this Part shall not apply.
6§4759.2. Nonrenewal of rental agreement; abandonment
7A. If the owner provides written notice to the lessee that the rental
8agreement shall not be renewed upon expiration of its term, the lessee shall
9remove all personal property from the self-service storage facility on or before
10the date of expiration of the rental agreement.
11B. Any personal property remaining at the self-service storage facility
12fifteen days after expiration of the rental agreement shall be deemed
13abandoned. Upon determination that the storage space is abandoned, the owner
14shall have the right to dispose of the personal property without further notice
15to the lessee.
  PRESIDENT OF THE SENATE
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  GOVERNOR OF THE STATE OF LOUISIANA
 APPROVED:
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