Kansas – Self Storage Statute is Updated

On April 18, 2023, Governor Kelly signed into law a Bill that once effective on July 1, 2023 will allow Kansas storage operators to tow motor vehicles, watercraft and trailers, in lieu of selling
them, once the Occupant is delinquent for more than 60 days. However, there is a caveat under this law, which is towing cannot occur unless the city or county in which your self-storage
facility(s) has a resolution that permits towing of vehicles. This is an important distinction. Therefore, it is imperative that you begin working immediately with your legal counsel to
determine whether or not you have the appropriate ordinance in the city or county in which your facility/facilities are located which would allow towing and then, if so, to make the necessary
changes to your Rental Agreement and lien notices to accomplish towing.

This is an important, and to the extent you can use it, impressive change to Kansas law that benefits Self Storage operators who do not want to be in the business of selling vehicles,
particularly with liens on them. Congratulations to the Kansas Self Storage Association and the National Self Storage Association for sponsoring and successfully nurturing this bill through the legislature to get it signed and into law.

Written By

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.

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