Louisiana Revised Statutes 9:4758.1 – Notice of privilege
Terms Used In Louisiana Revised Statutes 9:4758.1
- Electronic mail: includes electronic messages that are transmitted through a local, regional, or global computer network. See Louisiana Revised Statutes 9:4757
- Last known address: means the mailing address or the electronic mail address provided by the lessee in the latest rental agreement or the mailing address or the electronic mail address provided by the lessee in a subsequent written notice of a change of address. See Louisiana Revised Statutes 9:4757
- Lessee: means a person, his sublessee, successor, or assign, entitled to the use of storage space at a self-service storage facility under a rental agreement, to the exclusion of others. See Louisiana Revised Statutes 9:4757
- Owner: means the owner, operator, lessor, or sublessor of a self-service storage facility, his agent, or any other person authorized by him to manage the facility or to receive rent from a lessee under a rental agreement. See Louisiana Revised Statutes 9:4757
- Rental agreement: means any agreement or lease, written or oral, entered into between the owner and a lessee, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use of self-service storage facility. See Louisiana Revised Statutes 9:4757
- Verified mail: means any method of mailing that is offered by the United States Postal Service or a private delivery service that provides evidence of mailing. See Louisiana Revised Statutes 9:4757
- Wireless telecommunications device: means a cellular telephone, a text messaging device, a personal digital assistant, a stand-alone computer, or any other substantially similar wireless device. See Louisiana Revised Statutes 9:4757
A. A lessee shall be notified of the privilege created by this Part before enforcement of the privilege by an owner. Notification of the privilege created by this Part shall be satisfied by either of the following:
(1) A written rental agreement signed by the lessee that includes the notice of privilege created by this Part. The notice of privilege in the rental agreement shall be in bold typed print of not less than twelve-point font. At the time of execution of the rental agreement, the owner shall bring the notice of privilege to the attention of the lessee and the lessee shall initial by the notice of privilege in the rental agreement.
(2) A written notification of the privilege sent to the lessee by verified mail to the last known address of the lessee, by electronic mail to a primary and secondary email address of the lessee, and by text message to the wireless telecommunications device of the lessee provided the email addresses and number of the wireless telecommunications device are listed in the rental agreement.
B. An owner who does not have a written rental agreement that includes a notice of the privilege created by this Part shall not initiate an enforcement action as provided in this Part until thirty days after the written notice of a privilege is mailed to the lessee as required by Paragraph (A)(2) of this Section.
C. To comply with the provisions of this Section, an owner shall include in the rental agreement a request for the lessee to provide two email addresses and the number of the lessee’s wireless telecommunications device and the lessee shall initial by the request in the rental agreement.
Acts 2021, No. 111, §1, eff. Jan. 1, 2022.