Legal Issues

Navigating the complicated maze of self-storage legal issues confounds many self-storage managers and owners. With laws and regulations in constant flux, keeping up-to-date with the legal issues surrounding a self-storage business is paramount to its survival. Today’s self-storage managers and owners must deal with a number of legal challenges including lien sales and auctions, abandonment of goods and documents, changes in state legislation, tenant bankruptcy or death, collections, rental agreement validity, protection of tenant information, and the storage of boats, RVs and other vehicles. Operators must understand the lien-sale process and execute it correctly every time to avoid exposure to litigation. Self-storage associations are continually challenging dated city and state laws regarding lien sales, the notification process and other legal concerns to strengthen operator rights.


  • Warding Off a Wrongful Sale
    It’s been some time since the self-storage industry has seen a large judgment against a facility owner. But the recent appellate decision in the case of Barshak v. American Equity Insurance Co. has jolted the industry to recognize the risks of a wrongful foreclosure sale of ...More
    March 1, 2008 Scott Zucker Posted in Articles, Legal Issues
  • Avoid Legal Exposure in 2008
    During 2007, operators learned they are prime targets for claims that would not have been brought against them five years ago. Increasing numbers of operators are being sued in court, or have claims against them through arbitration groups, Better Business Bureau mandatory ...More
    March 1, 2008 Jeffrey Greenberger Posted in Articles, Legal Issues
  • The Importance of a Crystal-Clear Lease
    The storage industry, particularly in densely populated areas, often uses hybrid rental agreements that give rise to legal issues and can be very costly to an owner. Ambiguous lease clauses can provide a predicate for a tenant’s overcharge claims, or defenses against an ...More
    March 1, 2008 Melvyn B. Ruskin and Eric C. Rubenstein Posted in Articles, Legal Issues
  • Preventing Discrimination Suits
    There are many circumstances under which a self-storage operator can choose not to rent a unit to an individual. Of course, the exposure to the operator could be enormous if the necessary safeguards aren’t instituted prior to the “refusal.” Your rental procedures and ...More
    March 1, 2008 Kenneth M. Piken Posted in Articles, Legal Issues
  • Legal Perspectives: Cell Tower Leases and Your Self-Storage Facility, Part II
    Many owners and operators have fallen in love with an unexpected source of revenue at their self-storage facilities: a cell tower. Once it’s up and running on your property, it may seem like easy street. Getting there, though, can be a different story. Assuming you can ...More
    November 9, 2007 Jeffrey Greenberger Posted in Articles, Legal Issues, Management
  • Legal Perspectives: Cell Tower Leases and Your Self-Storage Facility [Part I of II]
    Many owners and operators have fallen in love with an unexpected source of revenue at their self-storage facilities: a cell tower. Once it’s up and running on your property, it may seem like easy street. Getting there, though, can be a different story. Assuming you can ...More
    November 1, 2007 Jeffrey Greenberger Posted in Articles, Legal Issues, Management
  • Evictions: A Good Option
    Nearly all states have a self-storage statute that gives an operator the right to claim a lien against a delinquent tenant’s stored property. If he properly follows all the steps, he’ll eventually get the space back and sell the goods contained to help defray the ...More
    February 1, 2005 Jeffrey Greenberger Posted in Articles, Legal Issues
  • Late-Fee Litigation and Legislation
    If you have been attending tradeshows and state-association meetings, and have been reading any industry-related publications, you would probably agree the issue of late fees is one of the hottest and most important topics in self-storage today. This month's article focuses ...More
    April 1, 2001 Jeffrey Greenberger Posted in Articles, Legal Issues