Storage Unit Renters Rights: Know Your Legal Protections

When you entrust your personal property to a self-service storage facility, you pay for a service. As a storage facility tenant, you also have rights. The storage facility manager or owner must respect your rights accordingly.

But what exactly are the rights you’re entitled to when you’re renting self-storage units? We’ll discuss the basic rights every storage facility tenant should know about below.

What’s in Your Rental Agreement?

When leasing a storage unit, your rental agreement serves as your primary guideline. This vital document outlines your relationship with the storage facility. It’s more than just a piece of paper. As with any other contract, it’s a legally binding document you should take seriously.

The contract sets expectations, discusses policies and rules, payment schedules, and the consequences of unpaid rent. It ensures the best interests of self-storage facility owners and tenants are safeguarded. Some of the key elements you should take note of include the payment schedule and rental period, which are usually stated at the top for easy visibility.

Storage unit tenants should be vigilant in scrutinizing these terms, especially if there’s an option to negotiate terms or bow out of arbitration clauses included in most contracts. Arbitration clauses discusses the processes and rules when resolving disputes and they can affect how conflicts on personal property contained in the unit are handled.

Meticulously reviewing and comprehending one’s contract can help you safeguard such personal property contained in the unit. You’ll also be better informed of your obligations and rights that way.

Access to Your Storage Unit isn’t Unrestricted

When renting a storage unit, you have the fundamental right to access your unit, allowing you to store or remove items as needed. However, you’re not granted 24-hour access to the unit nor is access unrestricted. In case of unpaid rent within a specific timeframe, the facility owner might deny access to your unit until you pay the outstanding balance.

A storage facility usually have operating hours, like 7AM to 7PM on weekdays, with varying operating hours on weekends. Entry is usually allowed until 15 minutes before closing time. Once the facility closes, it’s considered trespassing to enter the storage unit.

That’s why storage unit tenants should consider the facility’s accessibility to help ensure access to personal property when needed. Understanding and following access policies can help maximize your rental experience.

Security is a Top Priority for Tenants

Security measures are vital when dealing with a storage facility, and there should be various measures to protect against unauthorized access. The most common measures employed by storage facilities are electronically controlled keypad-activated entry gates and perimeter fencing. They ensure only authorized individuals can go inside the facility.

Surveillance cameras are also placed strategically to monitor foot traffic, serving as a deterrent to possible vandals and thieves. These cameras record activities in the facility, and permit remote monitoring by all relevant parties, allowing real-time responses to alarming activities. A storage facility usually has well-lit storage areas, parking lots and interior corridors to enhance its safety features.

Payment Policies and Late Fees Must Be Reviewed

To avoid getting personal property sold, it would be wise to review late fees and payment policies. The rental agreement should specify the late fee policy, grace period, amount to be paid, and the timeline before a written notice for eviction is sent. State and local laws in states such as West Virginia, North Carolina, Ohio, Maryland, Missouri, Maine, California and Arizona regulate these policies.

Acquainting yourself to these policies, as well as self-storage laws, can help you avoid unnecessary expenses and ensure timely payments. If a tenant fails to make payment on time, the costs can add up, and in a worst-case scenario, the items stored in the unit can be sold.

Security Deposits Must Be Refunded

When leasing a storage unit, you would usually have to pay a security deposit. This deposit serves as a safeguard to ensure that units are left in good condition. The security deposit is usually outlined in the lease agreement, saying it’s refundable as long as the tenant meets specific conditions. Reasonable expenses are deducted if needed, but this amount is typically refunded if the unit is left undamaged.

Security deposits serve as a safeguard for storage facilities, ensuring that units are left in good condition. If required, the security deposit should be listed in the rental agreement, stating that it is refundable as long as renters meet specific conditions. Typically, deposits are refunded if the unit is left without damages.

Common deductions include unpaid rent, repairs beyond the normal wear and tear, and cleaning. The deductions should have itemized receipts for the tenant’s reference.

Right to Notice

The storage facility owner or manager must provide a written notice in case of rent increases and change in rules. Self-storage legislation changes as well, so it’s the responsibility of the manager to inform their tenants accordingly.

Before the self-storage facility can sell the property inside a unit, they must notify the tenant accordingly. Each state has regulations regarding default notifications, but notification requirements usually vary between 14 to 60 days. It’s illegal for self-storage facilities to enforce lien sale without notifying the tenant beforehand.

Special Considerations for Military Tenants

However, if the storage unit’s tenant is an active duty military member, they have additional rights. Here are additional rights service members should be aware of:

Right to Terminate Lease Without Penalties

The Servicemembers Civil Relief Act (SCRA) permits active duty members to cancel lease agreements early without penalties. This is provided that the service member needs to vacate the unit because of their deployment orders.

This particular right isn’t automatic. The military tenant must present evidence they’re eligible for SCRA protections, and proactively request for this SCRA right to be respected.

SCRA Lien Rights 

Storage unit owners have lien rights or have the authority to sell the contents of a storage unit if the tenant fails to make payment within the agreed period. The owner can’t enforce lien rights and hold a public auction on the unit unless they secure a court order.

The SCRA stipulates that lien protection is enforced during a service member’s active duty period and until 90 days after they leave active service. That’s why timing is vital when enforcing SCRA rights.

What if a Storage Facility Owner Doesn’t Honor SCRA Rights?

A facility owner who violates SCRA rights won’t be punished with jail time, but the financial repercussions can be heavy. The storage facility must pay thousands of dollars in penalties if it can be proven they violated SCRA rights.

While this amount may be trivial for conglomerates, the fees may bankrupt a small business owner. That’s why honoring SCRA rights is vital for self-storage units.

Waiving SCRA Rights

However, there are instances where storage unit renters waive their SCRA rights. SCRA rights won’t be honored if the military tenant signs an SCRA waiver. However, the waiver won’t be legally binding if the document was signed before they entered military service.

Moreover, the waiver must be a separate document. It shouldn’t be included in the main rental agreement. A waiver isn’t binding if it isn’t excluded from the main contract.

Conclusion

A storage unit renter should be mindful of their rights as a tenant. If that particular tenant is a military member, they’re granted extra protections under the SCRA. Proving one’s active duty status is essential to uphold SCRA rights.

SCRACVS can help tenants prove they’re eligible for SCRA protections and help storage facility owners to safeguard their best interests. Click here to sign up at SCRAVS and verify active duty status.

FAQs

Who is responsible if a storage unit gets broken into?

It would depend on the rental agreement. Some contracts contain a waiver stating the personal property are stored at the owner’s risk, but there are some that ensure the facility owner is liable.

How long can you go without paying for storage?

It would depend on the grace period stated in your contract. In most cases, you’d have 30 days to make payment and ensure your personal property isn’t sold.

What happens if I leave stuff in my storage unit when I move out?

If you leave personal property in the unit and your lease expires, you put your property at risk of being sold. The facility owner has the right to sell your belongings to compensate for their losses.

Can I just stop paying my storage unit?

Yes, you can stop making payments, but there will be consequences. Aside from forfeiting your security deposit, you risk getting your personal belongings sold.

Can military tenants get kicked out of storage units?

No, the SCRA protects military tenants from eviction due to non-payment. The eviction can only proceed if the storage facility owner gets a court order.

Are storage units insured by the facility?

The facility usually has insurance to cover its property. However, it does not mean that the property stored inside is insured. You need separate insurance to ensure you get compensation for any losses.