The Ohio Self Storage Statute has been updated and the changes are effective September 30, 2021.
Do not make any change, and do not act on any change until it is effective on the date stated above.
The highlights of the changes include: 1) that the Bill clarifies that the manner of advertising is
deemed commercially reasonable if at least 3 independent bidders “register for, view, or attend the
sale.” Please remember in the past, I have raised concern about maintaining records to insure you
have those 3 independent bidders or more attending your sale if you do not use newspaper
advertising. 2) The required Default Notice must no longer state the specific time and place that
the sale will occur, but must contain all of the rest of the information that Default Notices
previously had to contain. This might be helpful in the event of an advertising snafu that would
otherwise derail your sale date. 3) The bill expressly authorizes online lien sales, however, you
are now required, in order to conduct an online lien sale, to make sure that internet address of the
online lien sale site is in the Default Notice. 4) The Default Notice may now be delivered in
person, by certified mail, email, or sent by First Class Mail, or private delivery service with a
Certificate of Mailing to all parties who are required to be notified. Please remember the parties
that are required to be notified are many in Ohio. Thus, email is now a recognized way of sending
the Notice, however, you may not send by email alone. If you send the notice by email, you must
use another method of mailing additionally. Please review with your attorney if you have any
questions about how to interpret this part of the Statute. There were also changes to the definition
of the term Owner, as well as, changes of what to do, and how to dispose of proceeds in excess of
what you are owed in the event you sell.