Senate Bill No. 247-Senator Neal

Marcy 27, 1997
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Referred to Committee on Judiciary

SUMMARY--Provides that rental agreement for facility for storage must include disclaimer of liability for loss or theft of personal property. (BDR 9-1171)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to facilities for storage; providing that a rental agreement for a facility for storage must include a disclaimer of the liability of the owner, lessor, operator and manager of the facility for loss or theft of personal property; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 NRS 108.4755 is hereby amended to read as follows:
108.47551. Each rental agreement must be in writing and must contain:
(a) A provision printed in a size equal to at least 10-point type that states, "IT IS UNLAWFUL TO USE THIS STORAGE FACILITY AS A RESIDENCE."
(b) Unless the parties expressly agree otherwise pursuant to subsection 3, a provision printed in a size equal to at least 10-point type that states, "THE OWNER, LESSOR, OPERATOR AND MANAGER OF THIS STORAGE FACILITY ARE NOT LIABLE FOR ANY LOSS OR THEFT OF PERSONAL PROPERTY STORED IN THIS STORAGE FACILITY."
(c) A statement that the occupant's personal property will be subject to a claim for a lien and may be sold to satisfy that lien if the rent or other charges described in the rental agreement remain unpaid for 14 consecutive days.
2. NRS 108.473 to 108.4783, inclusive, do not apply and the lien for charges for storage does not attach unless the rental agreement contains a space for the occupant to provide the name and address of an alternative person to whom the notices under those sections may be sent. The occupant's failure to provide an alternative address does not affect the owner's remedies under those sections.
3. The parties may agree in the rental agreement to additional rights, obligations or remedies other than those provided by NRS 108.473 to 108.4783, inclusive. The rights provided in those sections are in addition to any other rights of a creditor against his debtor.

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