JULY 2025
Maryland Legislative Update
Second Default Notice Requirement Coming July 1, 2025
Maryland storage owners should be prepared to start sending a separate notice of sale to all consumers who default, starting July 1, 2025.
House Bill 979 and Senate Bill 844 are still working their way through the legislative process; however, we anticipate that both will be signed into law by Governor Wes Moore in the coming weeks.
These bills will require all Maryland storage operators to send an additional, second notice to any occupant who defaults in advance of any lien sale.
This legislation is part of a compromise with the Maryland Office of the Attorney General – Consumer Protection Division (CPD). The CPD opposed our newspaper bill in 2024. The letter HERE explains their position in more detail.
The compromise that was reached was that in exchange for storage owners being fully empowered to choose the method of advertising that is appropriate for their business and removing the consumer consent requirement for online advertising, owners would be required to send consumers in default a second default notice – a notice of sale – before the sale.
This notice provision was supposed to be included in Senate Bill 633 that passed in 2024. However, it was inadvertently not included in the final bill text at the end of the session.
Staring July 1, 2025, all Maryland operators should be prepared to notify the occupant at least ten (10) days before the sale of the time, place, and terms of the sale. That notice must be delivered by hand delivery, verified mail, or email.
If the owner sends notice by email and does not receive a response or confirmation of delivery at least five (5) days before the sale, the owner must send a second notice of sale by verified mail.
Again, this would be in addition to existing the default notice that owners must already send.
The SSA will publish an update to the Maryland Self Storage Lien Law Annotated booklet in advance of the effective date.
Please contact Daniel Bryant if you have any questions.
MAY 2024
Maryland Advertising Amendment Effective June 1
Maryland Governor Wes Moore signed Senate Bill 633 into law on May 9, and it takes effect on June 1, 2024. SB 633 eliminated the highlighted text below to permit owners to choose the method of advertising that is appropriate for their business:
(4) (i) At least 3 days before conducting a sale under this section, the operator shall advertise the time, place, and terms of the sale:
1. In a newspaper of general circulation in the jurisdiction where the sale is to be held;
2. By electronic mail; or
3. On an online Web site.
Previously, owners were only permitted to advertise outside of the newspaper if they obtained the express consent of the occupant via their initials next to a provision in the rental agreement. Once the law takes effect on June 1, owners will be fully empowered to choose the method of advertising that is most appropriate for their individual business from the options outlined above.
The Annotated Maryland Self Storage Law is available here. It explains the new provision above as well as all other elements of the law.
Thanks to MD-SSA Board Member Todd Snook, Jennifer Martinez from Self Storage Plus, and Marcin Bakalarz and Kevin Boggs from Storage Mart, who testified in strong support for the bills at the committee hearings.
LEGAL UPDATE - SUMMER 2020
Duplicative Licensing Requirement Avoided in Maryland. Maryland Senate Bill 496 would have imposed a needless and burdensome state-based business license for Maryland storage owners, who already must have several local licenses. Under current law, warehouses are required to obtain a state business license to operate. Senate Bill 496 sought to expand the definition of warehouse to expressly include self storage. The bill would have imposed a licensing fee schedule based upon the population of where the self storage facility was located. The MD-SSA successfully advocated for the removal of self storage from the bill.
BUILDING CODES UPDATE
Changes to the International Building Code Affect Self Storage
With the support of its Code Committee, the Self Storage Association successfully pursued several key changes to the 2021 International Building Code.
- An exception has been added to IBC Section 2902.3.3 to permit an increase in the location (to greater than every other floor) and maximum distance of travel (to greater than 500 ft) for restrooms. The location and travel distance must be approved by the code official.
- The maximum allowable height of sprinklered facilities made of Type IIB materials (unprotected steel) and Type IIIB materials (noncombustible or fire-retardant-treated wood stud exterior walls and any interior construction) has been increased from 3 stories to 4 stories. The Code continues to have total floor and building square footage limits.
- Pursuant to modified IBC Section 903.2.9, storage facilities are exempt from the automatic sprinkler system requirement if: (1) the total fire area is 12,000 sq. ft. or less; (2) the combined total fire areas are 24,000 sq. ft. or less; (3) the facility is no greater than one story above grade plane; and (4) all storage spaces are accessed directly from the exterior.
These changes go into effect as they are adopted by local and state governments over the next several years. Prior to the adoption on the local and state level, storage developers can request that the code official rely on the 2021 changes as acceptable alternative methods of construction pursuant to section 104.11 of the existing International Building Code.
Please email Joe Doherty with any questions or to receive supporting documentation for these changes.