Oct 012021

The Alabama Self Storage Statute has been updated and the changes are effective October 1, 2021.

The highlights of the changes include: 1) that newspaper advertising has been changed to allow
for one newspaper advertisement, instead of two and potentially avoiding all newspaper
advertising, if in the Operator’s “previous experience” the contents of the Leased Space have a
value of less than $500.00. We urge you to be cautious when making these determinations and be
extremely conservative, given that the amount of information that has to be in the advertisement,
and the number of advertisements have been reduced, even if you choose to run the one newspaper
ad, as opposed to 2, it is going to be a lot less expensive than it used to be. 2) The Default Notice
you are required to send out, now can be by Verified Mail and in certain circumstances via email.
Please check with your legal counsel for help determining whether or not you want to make the
switch to email only, and the potential consequences of doing so. 3) A contractual value limitation
is now recognized in the Statute, meaning, if you have a value limit in your Rental Agreement,
this is now deemed to the maximum value of the Personal Property in the Leased Space. 4)
Alabama finally received a safe harbor late fee of no more than the greater of $20.00 or 20% of
the monthly rent payment due under the Rental Agreement. 5) Alabama also added towing once
a vehicle, vessel or trailer is delinquent for more than 60 days.

There are mandatory changes to the Rental Agreement, as well as, to the contents of your Default
Notice. You are encouraged to reach out to your Self Storage attorney, and make these changes
and amendments as quickly as possible, to be in compliance with the new law and to upgrade and
update your Default noticing procedures to take advantage of these wonderful new changes.

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