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Storage unit eviction could be caused by non-payment or a violation of the lease agreement. Either way, it's usually the last resort storage facility owners/operators use to protect their business. 

If necessary, the storage unit eviction process should be initiated legally and professionally. The storage facility must legally give the tenant a notice and/or warning before following through with the eviction. In most states, the storage facility must provide the tenant with a 10-day notice to vacate the storage unit documenting the reason for violating the lease agreement. The notice also includes a deadline by which the tenant must resolve the violation. The resolution can be one of many choices, depending on the violation. 

If the violation isn't resolved, the storage facility then has the legal right to continue with the eviction process. By law, all states require the storage facility to file a lawsuit against the tenant in the appropriate court to begin eviction proceedings. If all legal requirements are met, a judge will authorize the eviction by issuing a court order. 

After the court issues the court order, the storage facility has the right to evict the tenant from the storage unit and follow the next steps. 

  • Enter the unit
  • Remove any items left in the unit
  • Change the lock
  • Place items in storage for a certain period. 

Allowed time requirements may vary by state. The tenant may need time to reclaim any property left in the storage unit. This presents the opportunity to collect any fees and/or costs associated with the process. If the tenant decides not to reclaim any property left in the storage unit within the allowed time, the storage facility has the legal right to sell the items.

Either way, the storage facility must follow the laws mandated by each state.

Storage Unit Renters' Rights

The lease agreement not only protects the storage facility but the renter of the storage unit as well. Specific rights may vary from state to state, but a few general principles exist for storage unit renters' rights.

  • Storage unit renters have the right to a safe place to store their items.
  • Storage unit renters have the right to a secure place to store items.
  • Storage unit renters have the right to privacy.
  • Storage unit renters have the right to fair and transparent rental fees.

 

Awareness is key to ensuring that storage renters are protected and treated fairly. Storage unit renters may or may not know they have the right to store their items in a safe and secure storage unit. The unit should never be hazardous. The storage facility is responsible for maintaining and ensuring the safety and security of its renters. If there are any concerns or violations of either, they should be reported immediately.

Storage unit renters have the right to privacy. The storage facility cannot legally enter the tenant's storage unit without prior notice unless there's an emergency or a court order. Storage unit renters also have the right to request the storage facility not disclose any information regarding their unit without permission.

The lease agreement documents the right to fair and transparent fees associated with renting the storage unit. The lease agreement must be provided by the storage facility outlining all fees. Conversely, the renter should review the agreement and ask questions for a clear understanding before signing. 

One of the most popular questions asked by renters is, "If there is a breach of contract by the storage facility, can I abandon my storage unit?" The answer to that question and any other questions regarding storage unit renters' rights should be referred to an attorney.

Storage Unit Eviction Notice

Occasionally, a storage facility has no choice but to enforce the lease agreement signed by both parties.

Some common reasons for issuing a storage unit eviction notice include:

  • Late or non-payment of rent: Failure to pay rent on time or non-payment of rent is a violation of the lease agreement.
  • Damaged property: Intentional damage to the storage facility's property is grounds for terminating the lease agreement.
  • Storage of prohibited items: Storing prohibited items such as weapons, hazardous materials, or animals can put the storage facility, and others, at risk. 

Storage facility managers must follow the legal procedure mandated by the state the business is operating. For example, if the storage facility decides that eviction is the best option, it must provide the tenant with proper legal documentation. This includes but is not limited to, the storage unit eviction notice and any other documents mandated by law. This ensures the eviction process is followed properly and fairly. 

Once received, the tenant should take immediate action to avoid further legal action and/or potential damages. Legal requirements may vary depending on the state where the storage facility operates. Researching the overall eviction process online, such as searching for the "storage unit eviction process Colorado (or applicable state)," can often provide helpful information and guidance.

If a tenant has been given a storage unit eviction notice, it's best to research the applicable laws or consult with an attorney regarding any issues and/or concerns about a 30-day notice to vacate the storage unit, storage unit privacy laws, or a breach of contract with the storage facility. 

The ultimate goal is to ensure that all parties involved are treated fairly and that the storage facility can continue to operate a profitable business by having storage units available.

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Public Storage Eviction Process

No matter the reason for initiating the eviction process, it's essential to do so legally and professionally. Although eviction procedures vary from state to state, general principles apply to the public storage eviction process including:

  • The storage facility must send a lease termination letter to the tenant.
  • The letter must refer to the violation of the lease, i.e., the reason for termination of the lease.
  • The storage facility must file a lawsuit with the appropriate court to obtain a court order.
  • The storage facility must provide the tenant with a copy of the lawsuit and any other required documents
    .

The public storage eviction process can be expensive, lengthy, and aggravating. To minimize all three factors, know how the process works or a legal professional who knows. In addition, all evictions are not treated equally. Certain forms and/or steps are assigned to the type of eviction requested. Most importantly, the law requires adherence to the applicable laws in each state.

If the storage facility fails to follow the legal procedure, the tenant could challenge the eviction with the court, explaining the error and/or failure. The tenant could also receive damages if the court rules against the storage facility. 

If eviction ends up being the result, the storage facility has the right to sell any items left in the storage unit, usually by auction, which helps pay the debt owed by the tenant. When can a storage unit lock you out? How long before the storage unit is auctioned? Depending on the state, the waiting period may vary between 30 to 90 days. What are the storage unit auction laws in the state? It's best to refer to the lease agreement, research the applicable laws, or consult an attorney for the answers.

Storage Unit Rent Increase Laws.

The laws regarding storage unit rent increases can be overwhelming, complex, and often confusing for both storage facility managers and tenants.

Storage unit rent increase laws vary by state. No matter the state, increasing storage unit rent is the least favorite task for storage facility managers. However, it is necessary to stay competitive and profitable in the industry.

Overall, there are guidelines, rules, and regulations associated with storage unit rent increases and the frequency and amount. For example, some states allow storage facilities to increase the rent without notice. Other states require storage facilities to give notice of rent increases within a certain time before the increase is put into effect.

Not surprisingly, tenants may or may not agree with the rent increase. Tenants who disagree with the increase may either notify the storage facility of the disagreement or give notice of discontinuing the rental. 

Other tenants who disagree with the increase may just abandon the unit altogether. Both storage facility managers and tenants need to know how long before a storage unit is considered abandoned. Both also need to know details regarding the sale of abandoned property. Tenants should review the lease agreement, as well as state laws regarding storage unit rent increases, to gain a better understanding of legal rights and options.

The storage facility has the discretion to determine the frequency and amount of the rent increase within the constraints of the law. However, storage facility managers must follow the legal procedure for increasing rent, as mandated by the state the business is operating. This avoids legal issues and ensures matters are handled properly and fairly.

The ultimate goal of storage unit owners and operators is to drive occupancy, which occasionally neccessitates evictions. See how Adverank can also help drive occupancy through their pay-per-click campaigns and social media advertising.