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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : TRADE AND COMMERCE
Chapter : Chapter 415 Warehouse and Self-Service Storage Facilities
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All warehouses or storehouses situated in cities or towns now
having or which shall hereafter have over twenty-five thousand
inhabitants, and wherein other property than grain is stored for a
compensation or consideration, are declared to be public warehouses. For
the purposes of sections 415.010 to 415.050, the term "public warehouse"
shall not include self-service storage facilities governed by sections
415.400 to 415.430. (RSMo 1939 § 15476, A.L. 1985 H.B. 204)
Prior revisions: 1929 § 14352; 1919 § 13450; 1909 § 11946
The proprietor, lessee or manager of any public warehouse
provided for by sections 415.010 to 415.050 shall be required, before
transacting any business in such warehouse, to procure from the circuit
court of the county in which such warehouse is situated (or if to procure
license for a public warehouse in the city of St. Louis, application
shall be made to the circuit court of said city) a license permitting
such proprietor, lessee or manager to transact business as a public
warehouseman under the laws of this state, which license shall expire on*
December thirty-first next following issuance thereof, and which shall be
otherwise renewed annually as provided under the laws of this state. Such
license shall be issued by the clerk of the circuit court upon written
application and shall set forth the location and the name of such
warehouse, and the individual name of each person interested as owner or
principal in the management of same, or if the warehouse be owned or
managed by a corporation, the names of the president, secretary and
treasurer of such corporation shall be stated; such license shall give
authority to carry on and conduct the business of a public warehouse,
other than a warehouse for the storage of grain, for any calendar year or
portion thereof, shall be renewed annually thereafter in accordance with
the laws of this state, and shall be revocable by the circuit court upon
a summary proceeding before the court, upon the complaint of any person,
in writing, setting forth the particular violation of the law, to be
sustained by the satisfactory proof and to be taken in such manner as may
be directed by the court. (RSMo 1939 § 15477, A.L. 1985 H.B. 204)
Prior revisions: 1929 § 14353; 1919 § 13451; 1909 § 11947
*Word "with" appears in original rolls.
The person or persons receiving a license under the provisions
of sections 415.010 to 415.050 shall annually file with the clerk of the
court granting the same, a surety bond executed by a surety corporation
authorized to do business in this state, or a bond with good and
sufficient security running to the people of the state of Missouri, to be
approved by the court, in the penal sum of twenty-five thousand dollars,
or a legal liability insurance policy in the penal sum of twenty-five
thousand dollars conditioned for the faithful performance of his or their
duties as a public warehouseman or warehousemen, and as security for the
payment of all penalties and damages found and adjudged against such
warehouseman or warehousemen by due course of law, for the violation of
any clause of sections 415.010 to 415.050, and his or their full and
unreserved compliance with the laws of this state in relation thereto.
(RSMo 1939 § 15478, A.L. 1985 H.B. 204)
Prior revisions: 1929 § 14354; 1919 § 13452; 1909 § 11948
Any person or persons who shall transact within a city now
having or which shall hereafter have a population of twenty-five thousand
inhabitants or more, the business of storing for compensation or
consideration other property than grain, without first procuring a
license and giving a bond or legal liability insurance policy as provided
in sections 415.010 to 415.050, who shall continue to transact such
business after such license has been revoked, or such bond may have
become void or found insufficient security for the penal sum in which it
is executed by the court approving the same (save only that he may be
permitted to deliver property previously stored in such warehouse), shall
be guilty of a misdemeanor, and upon conviction, be fined in a sum not
less than one hundred dollars nor more than five hundred dollars for each
and every day such business is carried on; and the court that issued may
refuse to renew any license, or grant a new one, to any person whose
license has been revoked, within one year from the time same was revoked.
(RSMo 1939 § 15479, A.L. 1985 H.B. 204)
Prior revisions: 1929 § 14355; 1919 § 13453; 1909 § 11949
1. It shall be unlawful for any person, firm, partnership,
association or corporation required by sections 415.010 to 415.050 to be
licensed to hold himself, themselves, or itself out as a public
warehouseman or warehousemen, or advertise for, or solicit business as a
warehouseman without first complying with the provisions of sections
415.010 to 415.050; or to use the word "storage" in any way in connection
with the business unless engaged in the storage business and licensed as
a warehouse as provided by sections 415.010 to 415.050.
2. The provisions of sections 415.010 to 415.050 shall not apply to
self-service storage facilities governed by sections 415.400 to 415.430.
(RSMo 1939 § 15481, A.L. 1985 H.B. 204)
Sections 415.400 to 415.430 shall be known and may be cited as
the "Self-Service Storage Facilities Act". (L. 1985 H.B. 204 § 2)
As used in sections 415.400 to 415.430, the following terms
shall mean:
(1) "Default", the failure to perform on time any obligation or duty set
forth in a rental agreement;
(2) "Last known address", that address provided by the occupant in the
rental agreement or the address provided by the occupant in a subsequent
written notice of a change of address;
(3) "Leased space", the individual storage space at the self-service
facility which is rented to an occupant pursuant to a rental agreement;
(4) "No commercial value", any property offered for sale in a
commercially reasonable manner that receives no bid or offer;
(5) "Occupant", a person, lessee, sublessee, successor or assignee
entitled to the use of a leased space at a self-service storage facility
under a rental agreement;
(6) "Operator", the owner, operator, lessor or sublessor of a
self-service storage facility, or an agent or any other person authorized
to manage the facility; except that, the term "operator" does not include
a warehouseman, unless the operator issues a warehouse receipt, bill of
lading, or other document of title for the personal property stored;
(7) "Personal property", movable property which is not affixed to land,
including, but not limited to, goods, wares, merchandise, motor vehicles,
watercraft, household items, and furnishings;
(8) "Private sale", an unadvertised sale negotiated and concluded
directly between the buyer and seller;
(9) "Public sale", a sale made after public notice;
(10) "Rental agreement", any written contract or agreement that
establishes or modifies the terms, conditions or rules concerning the use
and occupancy of a self-service storage facility, which is signed by the
occupant and the operator;
(11) "Self-service storage facility", any real property used for renting
or leasing individual storage spaces in which the occupants themselves
customarily store and remove their own personal property on a
self-service basis. (L. 1985 H.B. 204 § 3, A.L. 2003 H.B. 512 merged with
S.B. 373)
1. An operator may not knowingly permit a leased space at a
self-service storage facility to be used for residential purposes. An
occupant may not use a leased space for residential purposes.
2. An operator may enter leased space at all times which are reasonably
necessary to insure the protection and preservation of the self-service
storage facility or any personal property stored therein.
3. Prior to placing any personal property into his or her leased space,
each occupant shall deliver a written statement to the operator of such
leased space containing the name and address of each person having a
valid lien against such personal property.
4. The lessee shall be informed in writing that the lessor either does or
does not have casualty insurance on the lessee's property. (L. 1985 H.B.
204 § 4, A.L. 2003 H.B. 512 merged with S.B. 373)
1. The operator of a self-service storage facility has a lien on
all personal property stored within each leased space for rent, labor, or
other charges, and for expenses reasonably incurred in sale of such
personal property, as provided in sections 415.400 to 415.430. The lien
established by this subsection shall have priority over all other liens
except those liens that have been perfected and recorded on personal
property. The rental agreement shall contain a statement, in bold type,
advising the occupant of the existence of such lien and that property
stored in the leased space may be sold to satisfy such lien if the
occupant is in default, and that any proceeds from the sale of the
property which remain after satisfaction of the lien will be paid to the
state treasurer if unclaimed by the occupant within one year after the
sale of the property.
2. If the occupant is in default for a period of more than thirty days,
the operator may enforce the lien granted in subsection 1 of this section
and sell the property stored in the leased space for cash. Sale of the
property stored on the premises may be done at a public or private sale,
may be done as a unit or in parcels, or may be by way of one or more
contracts, and may be at any time or place and on any terms as long as
the sale is done in a commercially reasonable manner in accordance with
the provisions of section 400.9-627, RSMo. The operator may otherwise
dispose of any property which has no commercial value.
3. The proceeds of any sale made under this subsection shall be applied
to satisfy the lien, with any surplus being held for delivery on demand
to the occupant or any other lienholders which the operator knows of or
which are contained in the statement filed by the occupant pursuant to
subsection 3 of section 415.410 for a period of one year after receipt of
proceeds of the sale and satisfaction of the lien. No proceeds shall be
paid to an occupant until such occupant files a sworn affidavit with the
operator stating that there are no other valid liens outstanding against
the property sold and that he or she, the occupant, shall indemnify the
operator for any damages incurred or moneys paid by the operator due to
claims arising from other lienholders of the property sold. After the
one-year period set in this subsection, any proceeds remaining after
satisfaction of the lien shall be considered abandoned property to be
reported and paid to the state treasurer in accordance with laws
pertaining to the disposition of unclaimed property.
4. Before conducting a sale under subsection 2 of this section, the
operator shall:
(1) At least forty-five days before any disposition of property under
this section, which shall run concurrently with subsection 2 of this
section, notify the occupant and each lienholder which is contained in
any statement filed by the occupant pursuant to subsection 3 of section
415.410 of the default by first-class mail at the occupant's or
lienholder's last known address;
(2) No later than ten days after mailing the notice required in
subdivision (1) of this subsection, mail a second notice of default, by
registered or certified mail, to the occupant at the occupant's or
lienholder's last known address, which notice shall include:
(a) A statement that the contents of the occupant's leased space are
subject to the operator's lien;
(b) A statement of the operator's claim, indicating the charges due on
the date of the notice, the amount of any additional charges which shall
become due before the date of release for sale and the date those
additional charges shall become due;
(c) A demand for payment of the charges due within a specified time, not
less than ten days after the date on which the second notice was mailed;
(d) A statement that unless the claim is paid within the time stated, the
contents of the occupant's space will be sold after a specified time; and
(e) The name, street address and telephone number of the operator, or a
designated agent whom the occupant may contact, to respond to the notice;
(3) At least seven days before the sale, advertise the time, place and
terms of the sale in a newspaper of general circulation in the
jurisdiction where the sale is to be held. Such advertisement shall be in
the classified section of the newspaper and shall state that the items
will be released for sale.
5. At any time before a sale under this section, the occupant may pay the
amount necessary to satisfy the lien and redeem the occupant's personal
property. (L. 1985 H.B. 204 § 5, A.L. 2003 H.B. 512 merged with S.B. 373)
1. For the purposes of this section, "late fee" means a fee or
charge assessed by an operator for an occupant's failure to pay rent when
due. A late fee is not interest on a debt, nor is a late fee a reasonable
expense which the operator may incur in the course of collecting unpaid
rent in enforcing his or her lien rights pursuant to sections 415.400 to
415.430, or enforcing any other remedy provided by statute or contract.
2. Any late fee charged by the operator shall be stated in the rental
agreement. No late fee shall be collected unless it is written in the
rental agreement or an addendum to such agreement.
3. An operator may impose a reasonable late fee for each month an
occupant does not pay rent when due.
4. A late fee of twenty dollars or twenty percent of the monthly rental
amount, whichever is greater, for each late rental payment shall be
deemed reasonable, and shall not constitute a penalty.
5. An operator may set a late fee other than that permitted in subsection
4 of this section if such fee is reasonable. The operator shall have the
burden of proof that a higher late fee is reasonable.
6. The operator may recover all reasonable rent collection and lien
enforcement expenses from the occupant in addition to any late fees
incurred. (L. 2001 H.B. 453)
1. A purchaser in good faith of any personal property sold under
sections 415.400 to 415.430 takes the property free and clear of any
rights of any persons against whom the lien was valid and other
lienholders.
2. If the operator complies with the provisions of sections 415.400 to
415.430, the operator's liability to the occupant shall be limited to the
net proceeds received from the sale of the personal property, and to
other lienholders shall be limited to the net proceeds received from the
sale of any personal property covered by the other lien.
3. If an occupant is in default, the operator may deny the occupant
access to the leased space.
4. Unless otherwise specifically provided in sections 415.400 to 415.430,
all notices required by sections 415.400 to 415.430 shall be sent by
registered or certified mail. Notices sent to the operator shall be sent
to the self-service storage facility where the occupant's property is
stored. Notices to the occupant shall be sent to the occupant at the
occupant's last known address. Notices shall be deemed delivered when
deposited with the United States postal service, properly addressed as
provided in subsection 4 of section 415.415, with postage prepaid. (L.
1985 H.B. 204 § 6, A.L. 2003 H.B. 512 merged with S.B. 373)
Except as provided in subsection 3 of section 415.420, unless
the rental agreement specifically provides otherwise and until a lien
sale under sections 415.400 to 415.430, the exclusive care, custody and
control of all personal property stored in the leased self-service
storage space remains vested in the occupant. (L. 1985 H.B. 204 § 7)
All rental agreements, entered into before September 28, 1985,
which have not been extended or renewed after that date, shall remain
valid and may be enforced or terminated in accordance with their terms or
as permitted by any other statute or law of this state. (L. 1985 H.B. 204
§ 8)
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