Storage Unit Renters’ Rights: What You Need to Know

Tenants of self-storage units are just like any tenant. They are entitled to certain legal rights. Self-storage facility owners should respect these privileges, and as a tenant, you should understand what you’re getting into.

But what exactly should you take note of when signing a contract with a self-service storage facility? We’ll discuss fundamental rules storage unit tenants should know about:

What’s in the Rental Agreement?

Your lease agreement serves as your north star when leasing a storage unit. This document details expectations and boundaries with the self-service storage facility. It’s not just a piece of paper that says your personal property is under the storage facility’s care. It’s a legally binding contract.

The lease agreement outlines rules and policies, when storage fees are expected, and what happens in case of unpaid rent. The contract ensures that the interests of the storage facility owner and the tenant are safeguarded, and both parties abide by state and local laws.

As a self-contained storage unit tenant, you should take note of the rental period and payment schedule. This information can usually be found at the top of the rental agreement for your convenience.

Storage unit tenants should carefully analyze these terms and conditions, particularly if they can negotiate terms or remove arbitration clauses found in most contracts. These clauses talk about the rules and procedures in case of disputes regarding personal property contained in the facility.

Understanding the contract can help tenant ensure they won’t have their personal property sold. If tenants don’t follow self-storage laws, such personal property may be lost forever.

Security as a Priority

Your personal property is important to you, and you should ensure the facility where you leave your things puts security first. Different protocols and features should be in place to ensure no unauthorized access to your storage unit.

You can typically find perimeter fencing and electronically controlled keypad-activated entry gates in storage units. These ensure that only authorized people can enter the self-storage units.

Surveillance cameras are placed strategically to keep track of foot traffic, deterring potential thieves and vandals. These cameras allow remote monitoring and record activities inside the storage facility.

They also ensure that the facility can have real-time responses to suspicious activities. In addition, the self-storage facility typically has good lighting, parking lots, and interior corridors to ensure everyone’s and everything’s safety.

No 24-hour Access to the Self-Storage Facility

As a self-storage unit tenant, you have the right to enter the unit to store or remove your belongings. However, you should know that you don’t have 24-hour access to the self-contained storage unit unless stated in the rental agreement.

If the tenant fails to make payment within the grace period or deadline, their right to access the storage unit might be revoked until payment is made.

A self-service storage facility has operating hours, like most brick-and-mortar businesses. This is usually from 7 AM to 7 PM (weekdays), with varying weekend operating hours. You’re generally permitted to enter up to 15 minutes before the facility closes. If you go before or after operating hours, this is considered trespassing.

This is why you should consider the self-service storage facility’s operating hours and accessibility when choosing a provider. Understanding the rules helps ensure you can enter your storage space easily.

Understanding the Right to Notice

The storage facility owner must furnish you with a written notice if your monthly rent goes up or if there are changes in the rules. Self-storage legislation changes, so the manager should inform their tenants of these changes.

Before the facility can sell the things in the self-contained storage unit, the tenants must be informed accordingly. Each state has rules concerning default notifications, but requirements vary between 14 and 60 days. Moreover, it’s illegal for a facility to enforce a lien sale without informing the tenant beforehand.

Late Fees May Apply

If you want to avoid having your personal property sold, it would be best if you looked into the facility’s late fees and payment policies. The contract should detail the late fee policy, storage fees, grace period, and timeline before you’re sent an eviction notice. States like North Carolina, Virginia, Missouri, Maryland, Arizona, and California have policies regarding these.

Understanding these policies and other state and local laws can help you adhere to your rental agreement and avoid unnecessary costs. If you don’t pay for the self-contained storage unit on time, the costs can increase, and worse, your personal property might be sold.

Getting the Security Deposit

Before the keys to the storage unit are handed to you, you usually have to hand over a security deposit. This money is a safety measure to make sure the self-storage unit is left in good condition. The security deposit is discussed in the rental agreement, stating it can be refunded if the tenant meets all the self-storage facility rules. Some reasonable expenses can be subtracted if required, but generally, you get a considerable amount of the security deposit when you stop doing business with the facility.

Some deductions usually taken from the security deposit include repairs beyond the normal wear and tear, unpaid monthly rent, and cleaning costs. These expenses should be detailed and justified for the tenant’s reference.

Special Protections for Military Tenants

If the storage unit tenant turns out to be an active duty service member, they are granted select protections thanks to the Servicemembers Civil Relief Act (SCRA). These protections include the following:

Lien Rights

Storage unit owners usually have the authority to sell the contents of a storage unit if the tenant doesn’t pay within the grace period. This is also known as lien rights. The storage facility owner can’t enforce these rights and publicly auction the personal property contained in the unit unless they get a court order.

The Servicemembers Civil Relief Act (SCRA) mandates that when a service member is on active duty, they have lien protection until 90 days after they finish their active duty service. This is why it’s vital to note the active duty status of the service member when enforcing SCRA rights.

Terminating the Lease Without Penalties

The SCRA allows active duty military personnel to cancel lease agreements without having to pay penalties. This is only if the service member must end their lease because of their deployment orders.

This SCRA protection isn’t automatic. The service member must proactively request this SCRA right and prove they’re covered by the SCRA for this privilege to be enforced.

Consequences of SCRA Violations

A storage facility owner won’t be jailed because of SCRA violations, but the financial consequences can be brutal. If found guilty, the storage facility might have to pay thousands of dollars in penalties. While this expense may be trivial for big companies, the fees may severely affect small businesses. This is why storage unit facilities should respect SCRA rights.

SCRA Waiver

However, the self-storage facility doesn’t always have to honor SCRA rights. SCRA protections won’t be recognized if the service member signs an SCRA waiver before signing the storage unit contract. The waiver must be signed after the service member has entered active duty. Otherwise, it will be null and void.

In addition, the waiver shouldn’t be part of the main contract. It should be a separate document. The waiver is illegal if it’s part of the lease agreement and can’t be written out.

Conclusion

Self-storage tenants should know their rights, including SCRA protections for military tenants. As mentioned, SCRA rights aren’t automatic, and protected individuals must prove eligible for these perks. SCRACVS can help establish that you’re entitled to SCRA benefits. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

What happens if a tenant stops paying?

It depends on how long the tenant fails to pay for the storage space. The worst-case scenario is that their personal property gets sold in a private sale or public auction. However, they should know that this sale is happening to remedy the situation.

Does the typical eviction process apply to service members?

No. Active duty service members are granted lien protections. The facility owner can’t sell their personal property without a court order.

What are lien rights?

Lien rights refer to a legal claim on a person’s belongings if the other party fails to fulfill their end of the agreement. This scenario relates to the facility owner’s right to sell the tenant’s personal property.

Can non-payment lead to eviction?

Yes, not paying on time can lead to the tenant being evicted. The facility owner can also sell the tenant’s personal property if they don’t pay within the grace period.

Is it legal for a storage facility to deny me access due to unpaid rent?

Yes. When you sign a contract, you agree to specific terms and conditions. These terms include the commitment to pay rent on a particular date.