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IMPORTANT NOTICE
To Better Storage Tenants
In December, 2009 the Michigan State
Legislature made modifications to the Michigan Self-Service Storage
Facilities Act. These changes were signed by Governor Granholm and
take immediate effect.
The bill amended the Self-Service Storage
Facility Act to specify that, if an owner received a notice that a
tenant who was a service member was transferred or deployed overseas on
active duty for at least 180 days, the owner could not enforce an
owner's lien until 90 days after the end of the tenant's overseas
service. The bill also would require an owner to deliver notice of
intent to enforce a lien by first-class mail (rather than certified
mail) or by e-mail; and would allow the sale of property to be
advertised electronically.
Under the old Act, the owner of a
self-service storage facility or a self-contained storage unit has a
lien upon all personal property located at the facility or unit and,
after notifying the tenant of overdue payments and advertising in a
newspaper of general circulation, the owner may sell or otherwise
dispose of the property. Under the new bill, a service member who was
transferred or deployed overseas on active duty for a period of 180 days
or more could give the owner notice of the transfer or deployment,
including written evidence of the transfer or deployment. If an
owner received a notice with supporting evidence of the transfer or
deployment, he or she could not enforce an owner's lien until 90 days
after the end of the overseas service.
Under the old act, notice of intent to enforce an owner's
lien must be written and delivered in person or by certified mail to the
tenant's last known address. Under the new bill, the written notice
would have to be delivered in person, by first-class mail, or by
electronic mail to the tenant's last known address, which could include
a street address, PO Box, or E-mail address. The old Act also requires
an advertisement of the sale or disposition of property in a newspaper.
The new bill would allow advertisement in a print or electronic version of
the newspapeer or in a posting on a publicly available sebsite.
Therefore, it is EXTREMELY important that
you understand these changes, and understand the following:
1. We will no longer be posting
newspaper notices advertising the sale of your unit. All future
notices will be posted on the Better Storage website (www.better-storage.com/Auctions.htm).
A short advertisement may be placed to advertise the auction, but
information previously required will not be published.
2. You will be notified by first
class mail, e-mail, and by phone of your delinquency on the following
schedule:
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A postcard reminder will be mailed 15
days after your delinquency.
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A lien notice will be mailed on the
30th day of your delinquency.
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A notice of auction will be mailed on
the 35th day of delinquency, and notice will be posted on the Better
Storage Website (www.better-storage.com/auctions.htm)
Therefore, it is very important that you
keep us informed of any changes in your mailing address, phone number or
email address. Any changes MUST BE IN WRITING. It is not the
responsibility of Better Storage to locate you to inform you of
default and auction of your property.
If you are a member of the military who
has been deployed oversees on active duty for a period of 180 days, and
you wish to take advantage of the protections offered under this act,
you must give us notice IN WRITING. You must also supply us with
satisfactory evidence of this deployment.
Information on these changes can be
downloaded at the State of Michigan Legislature website.
Click on these links to view/download these files.
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