I have to start out by saying….I love dogs! I can’t remember a time in my life that I didn’t have a dog and I understand the beauty and companionship that dog owners feel about their pets. So, I can understand when facility managers bring their pets to...
The issue of towing at self-storage facilities must be broken down into two very separate areas. The first concerns a tenant who has a lease to store their property (a car, boat, trailer, or recreational vehicle) but has defaulted on its rent. The second...
Much has been discussed recently about the growth of technology to manage the shift towards “unmanned” facilities or “contactless” self-storage. Certainly, operators are heavily invested in offering their customers a safe and secure experience while...
A manager of a facility accidentally clicks on a malware link embedded in a fraudulent e-mail (phishing); a third-party hacker penetrates the company’s data network (ransomware); an employee sends funds to pay an invoice that appears to come from an...
Self-storage rental agreements are very clear that owners and operators do not assume bailment for the property being stored by their tenants at the storage facility and do not assume any “care, custody, or control” over the stored property located in...
Mold is a naturally occurring condition arising from moisture. In self-storage, that moisture can arise from a defect in the ventilation of the constructed space, but it could also arise from an unknown leak or even a tenant moving property into a...
The passing of consumer privacy laws by state legislatures, which establish new consumer privacy rights and new business obligations for companies in the United States, will be a major focus for the foreseeable future. No segment of the consumer facing...
With the self-storage operation’s 2021 taxes finished or postponed until later, it’s time to think about the new ballgame that is the 2022 tax bill. The controversial Build Better Act bill may or may not emerge in whole or in part to foil any planned...
James runs a rapidly growing family business. Things are going great now, but he worries about the future. If he should suddenly become incapacitated, who will run the enterprise for the benefit of his wife and children, none of whom has yet mastered...
Selling personal property from a self-storage unit is one thing, but what happens when there is titled property, such as motorcycles, trailers, boats, vehicles, RVs, and other recreational vehicles either in a unit without your knowledge or stored as...
Unlike what you see in reality TV shows, most abandoned units stored at self-storage facilities are not filled to the brim with gold bullion and the rhinestone cape Elvis wore before he became Fat Elvis (although we have sold a gold-suited Elvis...
It is crucial that a self-storage owner takes all the appropriate steps when advised that a tenant is bankrupt. Handling this matter properly will ensure that the owner is not in violation of bankruptcy law and can proceed in his/her efforts to collect...
A self-storage facility, like all businesses, is subject to the risk of dissatisfied customers. Unfortunately, with the use of social media, the megaphone for that dissatisfaction can be widespread. Therefore, if a dispute does arise with a customer and...
Unfortunately, as we sit here today, the COVID-19 pandemic is far from over. As a result, issues that many self-storage operators had thought were resolved, including concerns over restrictions on their rental rate increases, remain. As self-storage...
The question of whether an employer can restrict their employees from bringing guns into the workplace has continued to be a challenging issue around the country, especially as we experience more workplace violence incidents. Like other businesses,...
One of the bigger issues facing both companies and their customers (and even potential customers) today is the collection, retention, and possible dissemination of information and other data through websites (and apps). The type of information collected...
Over the last year, through a massive public health crisis and a distressed economy, the self-storage industry has once again shown its resolute strength within the real estate sector. Notwithstanding the pandemic and the resulting business closures and...
Reality television shows such as “Storage Wars” have popularized self-storage auctions. To the average consumer, they’re full of drama, colorful characters, and fun.
However, those in the self-storage industry know preparing for auctions isn’t fun, and...
At the end of each year, we like to look back and analyze the past year to see what we can do to better help operators, and the past year has been interesting to say the least. Throughout the year, we have heard from operators regarding a wide variety...
As of Jan. 1, 2020, there are 11 states (and the District of Columbia) that have legalized the recreational use of marijuana. Those states are Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and...
It is inevitable that disputes will occur between self-storage tenants and facility operators. Those disputes can range from alleged property loss and damage claims to wrongful sale and disposal claims. Fortunately, many of those disputes can be...
By Scott I. Zucker, Esq.
The question of whether an employer can restrict their employees from bringing guns into the workplace has continued to be a challenging issue around the country, especially as we experience more workplace violence incidents....
As we move into the fifth month of the pandemic, there remain conflicting signs of our future. Infections are rising, and deaths are mounting while research institutes and pharmaceutical companies race to find a cure through a vaccine. In the interim,...
The self-storage industry has not gone through the COVID-19 crisis unscathed, especially in regions where moratoriums on lien sales have prevented operators from evicting non-paying tenants to free up those units. The right to conduct lien sales was...
By J. Ashley Oblinger, Esq.Associate Attorney
Over the last few months, we have all experienced many changes to our daily activities, from sheltering in place to social distancing to general uncertainty. One of the smaller changes that has come from the...
Regular maintenance on leased real estate is a topic that affects all property owners and managers. Although budgets are often drafted to consider regular ongoing maintenance obligations, no one, no matter how well a property is doing, wants to carry...
Studies have shown that property taxes are the most hated taxes in America. Why? There might be several reasons, including the question of why we should continually pay taxes on property that we own, how the taxes are assessed, and the fact that...
When Are Repairs To A Facility Not “Readily Achievable”?
Self-storage facilities are “public accommodations” under the Americans with Disabilities Act. As such, facility operators are required to remove barriers to access when it is “readily...
Understanding the Legalities
Starting with the passage of the E-Sign law in 2000 (formally the Electronic Signatures in Global and National Commerce Act), landlords, including self-storage landlords, were given the opportunity to conduct their leasing...
Reducing the Risk of Impaired Workers
Workplace drug abuse can threaten your bottom line in many ways: higher absenteeism, lower productivity, and costly accidents that spark customer lawsuits. Employers are facing a greater risk than ever from a...
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