Guidance For Self Storage Facilities
Our firm counsels Self-Storage Facilities in the management, care and operation of their business, and advises clients on compliance with The California Self-Service Storage Facilities Act, found in Business and Professions Code section 21700, et seq., which provides rules and regulations for the Self-Storage Facility Industry.
Our firm helps clients address many of the countless issues Self-Storage Facilities face on a daily basis, including:
What are your remedies if a tenant fails to pay rent?
What do you do with abandoned property?
How can you evict a troubled tenant who, nevertheless, is current with their rent?
Can you charge late fees, and if so, how much?
Can you sell a tenant’s car, boat, or RV if they fail to pay rent?
What steps do I need to take if I want to sell a tenant’s property?
What will be the fine for leaving a unit dirty, or items in the hallway, on the driveway or around the dumpster?
Will you even allow your vacating or current tenants to use the dumpster for their personal use
The California Self-Service Storage Facilities Act provides the answer to some, but not all, of these issues, and provides detailed timelines, notice requirements, procedures, etc. for dealing with these types of problems.
In an effort to avoid these types of issues Self-Storage Facilities should insure their leases are well written and are clear and unambiguous, especially on the issues of when rent is due and what happens if it is not paid on time. It is also important that you review the California Self-Service Storage Facilities Act to make certain that your lease and your lien sale procedures are in compliance with statute. For example, if you have complied with the terms of the statute, including minimum waiting periods, mailing of notices, language that must be included in the notice, etc., your liability to your tenant for wrongful sale is minimized or completely eliminated. Thus, it is important to review
your lease and the California Self-Service Storage Facilities Act to avoid the common types of lawsuits filed by tenants against Self-Storage Facility owners.
It is also important to prepare and organize a file for each individual tenant, including computer printouts and all written documentation. Keeping accurate and complete records about each tenant will be important in the event any dispute arises with your tenant, including lawsuits. Such files will help you to investigate the situation and determine if your actions were justified, or if you have done anything wrong. In this regard it will allow you to make an informed decision as to whether you should resolve the dispute and/or reach a settlement early on to avoid the problem. It will also enable you to properly instruct your employees to avoid re-occurrence of the same problem and/or lawsuit.
If you have questions regarding your storage facility, feel free to give us a call or contact us.