Without a lease suitable for the self-storage industry, you expose yourself to liability because self-storage is different from other commercial real estate rentals and different laws apply. Use the TSSA lease. This is one of the best benefits of your TSSA membership. Here`s some legal jargon you might encounter in a self-storage contract and what the terms mean in plain language: Here are some of the most important terms of the lease. I hope that this article can be a starting point to improve the knowledge of all owners and managers about the important parts of the lease. The next and most obvious need is the actual terms of the agreement. Of course, the monthly rental amount, payment due date, and possibly the estimated late fees are important, but there are many other things that need to be taken into account: Many self-storage facilities offer air-conditioned or heated indoor units. Throughout the country, these are called “air-conditioned”. It is a dangerous term. This implies that you, the plant operator, will “control” the climate. If you have this sorcerer-like power, you can never allow the air to become too cold or too hot, or the humidity to become too high. There are many other aspects to leases.
Most states require operators to inform tenants of the collateral procedure and warn them of a possible auction of their items for non-payment. Some require that each page be signed or that certain paragraphs be initialled. Here are some of the most critical elements; but to make sure you are protected, give your ideas and drafts to a lawyer who knows the law in this area. A few dollars in legal fees could save you hundreds of hours and thousands of dollars in the future. Standard, but essential, legal language, such as “time is of the essence” and “Texas law applies,” are included for a reason. In addition, the fact that managers cannot make verbal promises that override the signed lease is also clearly stated. In this paragraph you will also find the important provision that mediation is required when legal action is brought, with the exception of legal action brought by a landlord (landlord) for rent, foreclosure, eviction or costs listed in paragraph 4. Your lease should include several bank statements that remind the tenant that storage is at their own risk. It should be clear that you are not ensuring the safety of its belongings, and any security involved by cameras, doors, and keyboards is for the safety of your employees and the facility, not for individual units or tenants. It`s the language at the bottom of the first page of the TSSA lease that really stands out – we`ve used bold, italic and, in some sections, capital letters, and that`s intentional. This declaration is complete and filled with important liability languages and must be initiated by the tenant! Murphy Klasing, a lawyer with the law firm of Weycer, Kaplan, Pulaski & Zuber P.C., has extensive experience in appeal, arbitration and litigation and has successfully handled numerous disputes.
With over a decade of experience in the self-storage industry, he is a consultant for Public Storage Inc. in Texas and has defended cases involving allegations of breach of contract, code violations, employment issues, fraud, negligence, personal injury, building liability and theft. To reach him, call 713.961.9045; E-Mail-mklasing@wkpz.com; visit www.wkpz.com. This paragraph describes your remedies in case of loss of the tenant, e.B. non-payment of rent. You have many remedies, all of which are described in this paragraph. You can lock an unlocked space. You can overlock, code and drive a bicycle shoe (if it is a vehicle or trailer) in case of violation of the rental agreement. You can announce the eviction and apply for the eviction in your local court. You may assess all fees due in accordance with paragraph 4. You can enter the unit (the steps that constitute an entry are defined in this paragraph, so be sure to follow them).
Finally, you can exercise your right under Chapter 59 to foreclosure and auction. Some self-storage contracts state the terms in simple language, while others can leave you completely confused. It`s a good idea to refresh leases before signing on the dotted line. This is important information for you and the tenant. This paragraph applies to late fees. It also makes it clear that there is no guarantee of security or protection. It contains a waiver of negligence and disclaimer of liability for personal injury and property damage. It contains no liability language for fire, smoke, dust, water, bad weather, insects, vermin, explosion, supply interruption and theft.
Finally, the tenant`s insurance and self-insurance obligations are noted. As already mentioned, it is quite extensive and offers a lot of protection to the factory owner. Yes, you must have written notice before your property can be sold due to non-payment of warehouse rent. Written notice may be given by email if your contract states in bold or underlined that written notice can be sent to your email address. You can also receive notifications by letter or by hand. You can have a legal claim under the Texas Deceptive Trade Practices Act (DTPA). If the storage company has seized your property without following legal procedures, you can recover more than your stored property was worth, as well as attorneys` fees and court costs. Each state supreme court has written cases defining what is acceptable in terms of limitation of liability clauses. Some states allow you to limit some types of liability, but not all.
For this, you need a lawyer. Ask your lawyer to draft a clause for your lease that covers everything you can restrict by agreement. Make sure this clause is bold, visible and easily identifiable. This subsection also binds the tenant to a $5,000 cap on the value of the items stored. If the tenant keeps items worth more than the unit without your permission, they are in violation of the lease. It also makes it clear that tenants cannot store items of sentimental value. .