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Ohio committee hears bill to expand self-storage removal rights and raise owner liability threshold
Summary
At a first hearing, sponsors said House Bill 366 would allow self-storage owners to remove property when leases are terminated (not only for nonpayment) and replace a negligence exception with a willful-or-wanton-misconduct standard for overcoming contract damage caps.
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Representatives introduced House Bill 366 in the House Transportation Committee’s Oct. 28 hearing, saying the bill clarifies two areas of law for self-service storage operators: how property may be removed when a lease ends and the circumstances under which a pre‑negotiated cap on damages cannot be enforced.
Sponsor testimony said the first change would let storage owners remove and dispose of property when they lawfully terminate or decline to renew rental agreements even if a tenant is current on rent, pointing to situations in which a unit is used for unlawful or violent activity. The sponsor described the change as aligning self-storage with commercial lease remedies and giving owners an additional option to protect facilities.
On liability, the bill would replace the existing negligence exception with a higher threshold: a showing of willful or wanton misconduct by the owner. The sponsor explained, “In short, negligent is what a reasonable person would do to take care of their own stuff. Willful is desiring to do something bad,” and added that the proposal “raises a standard by which the limit on damages may not be applied, which exposes the owners to potentially significantly more liability to instances of deliberate disregard for tenants’ property.”
Testimony noted that related provisions have previously passed the House in earlier measures, including references to prior Senate and budget actions, and presenters asked the committee to give the bill favorable consideration. The committee held this as a first hearing; no committee motion or vote on HB 366 was recorded during the Oct. 28 session.
The bill will move to further committee consideration where members may tailor language on removal procedures and the precise legal standard for overriding damage caps.
