Can a Landlord Access Rent-A-Center Storage Units Without a Court Order?
When a tenant falls behind on rent, landlords are often faced with the difficult decision of how to proceed. Self-storage facilities, like Rent-A-Center, present a unique situation compared to traditional rental properties. While these facilities typically do not require a court order to evict a tenant, there are still important legal considerations and procedures to follow. This article aims to clarify the rights and responsibilities of both landlords and tenants in these scenarios.
Understanding the Lease Agreement
It is crucial to review the lease agreement, as it often serves as the legal document that outlines the rights and obligations of both parties. Unlike residential leases, self-storage facility leases are generally more flexible and do not provide the tenant with the same level of protection as housing statutes. Here, we break down the key points to consider:
The Lease is Not the Same as a Residential Lease
The lease agreement for a self-storage facility is much closer to a commercial lease than a residential one. In a residential lease, landlords must typically obtain a court order before taking any action against a tenant who has not paid rent. However, self-storage facilities operate under a different set of rules. Here are the key points to note:
Lock Out Procedures: Some facilities initiate lock out procedures immediately upon a missed payment, while others may offer a short grace period (e.g., a few days). No Continuous Occupation: Unlike rental homes, tenants are not continuously occupying a storage unit. This distinction is important in understanding the legal implications. No State Statutes: Tenants in a self-storage facility are not covered by the same state statutes and legislation that protect residential tenants. The lease agreement is the primary legal document governing the relationship between the landlord and tenant.Legal Rights and Responsibilities of Tenants
Tenants have certain rights and responsibilities that should be clearly understood before entering into a self-storage lease:
Part of Leased Property?
If the storage unit is part of the leased property and is on-site, and there is a possessions in lieu of payment clause in the lease agreement, then the landlord can access the tenant's belongings to enforce payment. However, if the storage unit is separate and unrelated to the property and the landlord accesses it without proper authorization, they may be committing a felony. Here’s a breakdown:
Leased Property: If the storage unit is on-site and part of the same property lease, the landlord can access the tenant’s belongings after a lockout has been initiated. This is usually outlined in the lease agreement. Unlawful Access via Keys: If the landlord, without proper authorization, gains access to the tenant’s storage unit using the tenant’s key (e.g., if the keys were left in an access panel or attached to a keychain with the tenant’s address and unit number), this constitutes a felony. Tenants have the right to challenge such actions in court.Landlord's Rights and Auctions
If the tenant has not paid, the storage facility may liquidate the tenant's belongings at a storage auction to recover costs. Here’s what tenants should know:
Possession in Lieu of Payment Clause: This provision allows the landlord to seize and sell the tenant's belongings to recover past-due rent. It is often included in the lease agreement. Auction Process: If the landlord gains access to the unit and holds an auction, tenants have limited options. Contesting the seizure or bidding at the auction themselves can be effective methods to regain their belongings.TIP: If your unit is being liquidated, consider sending a friend and cash to the auction to bid and reclaim your items at a lower cost than paying the past-due rent. Auctions typically have few bidders, so your chances of getting your belongings back increase.
Finding Legal Protection for Tenants
While self-storage facilities offer less protection to tenants compared to residential leases, there are still resources and steps tenants can take to protect themselves:
Understand Your Lease Agreement
Review your lease agreement thoroughly. Most contracts include provisions for access and eviction in the event of non-payment. Make sure you understand these terms and any potential consequences.
Notify Tenants of Future Auctions
Landlords are generally required to notify tenants of future auctions, giving them an opportunity to reclaim their belongings. Ensure you receive these notifications and take appropriate action.
Legal Consultation
Consult an attorney who specializes in tenant rights. They can advise you on your legal rights and provide guidance on navigating the process. Knowledge of your rights is crucial in such situations.
Remember, while self-storage facilities operate under less protective statutes than residential rentals, understanding your lease agreement and taking proactive steps can help mitigate the potential risks and challenges.
Conclusion
The legal gray area surrounding self-storage facilities can be confusing. However, by understanding the lease agreement and your rights, you can better protect yourself in the event of a tenant's non-payment. Always review your lease carefully and consider seeking legal advice to ensure you are fully informed and protected.