The Montana legislature modified the recently updated self-storage law to clarify and allow Operators to send lien notices exclusively by verified mail or email.
The original Montana statutory update was rather confusing, in that Section 7, sub (7), there was a Seven day mail or electronic mail requirement, but scrolling further down into sub (8), the Statute seemed to require that the mailing, if done by the United States Postal Service, be done by certified mail, leaving open what “standard mail” meant.
Effective October 1, 2019, the Montana Statute has been amended to clarify specifically under sub Sections (7) and (8) that Verified First Class mail or electronic mail are the anticipated methods of service for default notices in Montana.
This is an important change for Montana operators and will result in significant savings on the mailing or sending of Default Notices.
If you are a client of this office, there is no real need to make any change to your current Rental Agreement, as long as the Rental Agreement has been prepared after September 2017. Any other Operators that are clients of this office in Montana, should contact the office to discuss updates that will be necessary under the 2017 and now 2019 modifications to the Statute.
As always, the above article represents the opinion of its author and should not be construed as legal advice. Any changes you wish to make to your Rental Agreement or lien sale protocols, should be done in consultation with your own attorney.
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.
This is an advertisement sponsored by the Cincinnati, Ohio Law Firm of Greenberger & Brewer, LLC who is solely responsible for its content.