Arizona – Self Storage Act Modified

In the last week of March, Governor Hobbs signed House Bill 2087 to update and improve the Arizona Self-service Storage Facilities Act. Please note, these changes do not become effective until 90 days after adjournment of the legislature and we do not have that date yet.

There are two changes of note. The first is to establish and recognize that if a Rental Agreement contains a value limit, that value limit is deemed to be the maximum value of the property stored. If you do not already have a value limit, please work with your local attorney to determine the
appropriate amount and insert a value limit in your Rental Agreement now that you have this tool from the legislature.

The second, and perhaps the bigger change, is to allow for vehicle and vessel towing, once an Occupant is in default for more than Thirty (30) days. There are some notice requirements that you will have to meet before towing, and you will more likely than not, also need to have a contract with a towing company in place, in advance of requesting  towing.

This is a summary of the changes to the Act. It is important that you work with your local attorney to understand all of the changes, how they will affect your operations, and whether or not you need to update your Rental Agreement to enjoy the benefits or comply with the changes to the Statute.

Congratulations to both the National Self Storage Association and the Arizona Self Storage Association for working diligently to bring such an important change to your state.

Written By

Jeffrey J. Greenberger is a Partner with the law firm of Greenberger & Brewer, LLP, in Cincinnati, Ohio and is licensed to practice in the states of Ohio and Kentucky. Mr. Greenberger’s practice focuses primarily on representing the owners and operators of commercial real estate, including self-storage owners and operators.

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