Self-storage operators are just like landlords when dealing with renters who don’t adhere to the rental agreement. Because they have to look out for the upkeep of the storage facilities, they might have to evict self-storage tenants who don’t follow the lease agreement.
A self storage unit is just like any other property. If there is any incident that leads to self storage eviction, a lease termination should be sent via certified mail and email. That letter must cite the termination provision in their lease and specify the deadline wherein the tenant must vacate the storage facility.
But what if that tenant is a military member? The Servicemembers Civil Relief Act prohibits a storage operator from enforcing a lien if the paying tenant is in the military or has been in the military the previous year. This means it’s not easy to sever the storage rental agreement because the law may prohibit them from doing so.
However, the storage operator may still take action against the self storage paying tenant. They just need a proper court order to do so.
- 1 Understanding The SCRA
- 2 Storage Unit Eviction Process
- 3 Protections For Storage Eviction Under The SCRA
- 4 SCRA Violations
- 5 Conclusion
- 6 FAQs
Understanding The SCRA
The SCRA is a law designed to protect the rights of Active Duty military members while they are deployed. In many cases, these military members are unable to meet some financial obligations while on active duty, and this includes personal property in a self service storage facility.
The SCRA covers many financial obligations, including items at a storage facility. Many military members store their personal property while out in action. However, there may be instances wherein they can’t meet the payment for the self storage facility for various reasons.
The penalties for violating the SCRA can be severe. Thus, it is vital that storage operators understand the implications of the law before issuing their tenants an eviction notice.
What Is Self Storage Eviction?
In case you’re wondering, self-storage eviction refers to the right of an operator to evict non-paying tenants of their self storage facilities. Those who are unable to pay rent must vacate the storage space for the operator to find another tenant who’d pay for the self storage space on time.
Storage Unit Eviction Process
The manager of self storage operators has the right to evict clients for various reasons. Every state has its own set of rules to safeguard storage units. If the client is unable to vacate the premises on time, the storage operator may obtain the right to sell the contents of the unit to make up for their financial losses.
However, this process gets tricky when a military member is involved. The SCRA provides military personnel protection from eviction notices, and that includes contents in a self-storage facility.
Timing is key for the eviction process for military members. According to the SCRA, storage operators cannot act while the servicemember is on Active Duty and for 90 days after their term ends. Thus, the storage unit operator should take note of the timing if they indeed want to pursue the eviction.
Protections For Storage Eviction Under The SCRA
Every state has its own set of rules. In general, violators of the SCRA face significant penalties. Even one violation can cause tremendous damage to the storage facility’s business. Why are military members given the right to occupy the self storage unit? The idea is that they should be able to focus on their job.
Active Duty members aren’t allowed to be served eviction notices, even in storage units, because of the SCRA. This protection covers the service member’s dependents. Thus, even if the military personnel’s family has access to the unit, they’re not allowed to be given eviction notices as per the law.
The penalties for violating the SCRA can be severe. The storage facility may stand to face hundreds of thousands in penalties if they violate the law. If the storage operator wishes to push through with the eviction, they would need a proper court order and proof that they’re not violating the SCRA so they won’t have to face the repercussions of the law.
If a storage unit operator does violate the SCRA, the paying tenant can file a complaint and go to court. They may also go to a newspaper or television station for assistance. If the operators of the self-service storage facility wish to push through with the eviction, they need to follow the law.
First, they need to confirm if their tenant is indeed an Active Duty military member. This can be done easily through SCRA Centralized Verification Service. Next, they need to obtain a court order that legalizes their chosen course of action. The owner of the personal property should be given proper notice that the eviction will take place and that the operator followed the law during the entire process.
Most storage facilities have to kick out tenants who don’t pay for their rental property. However, they may be instances wherein serving the eviction notice may cause more harm than good. Thus, it is important for storage facility operators to follow the rules, especially if their tenant is an Active Duty military member.
The SCRA grants military personnel protection from eviction. However, there are ways for the operator to safeguard their best interests while following the law. Knowledge is power, and a proper understanding of the SCRA can help operators present suitable eviction documents without violating the law.
Self storage unit operators should use the SCRACVS to protect their business affairs. The SCRACVS can help ensure that they follow the due process and stay in compliance with the SCRA. If you’re a self storage facility owner, the SCRACVS can be key to keeping your business alive.
Does military pay for storage?
Generally speaking, military members who are deployed or on temporary duty assignments may be eligible for government-funded storage of their personal belongings while they are away. This can include items such as furniture, appliances, and other household goods.
However, military members who are stationed at a permanent duty location are typically responsible for their own storage costs. In some cases, the military may offer storage options on-base or through contracted storage facilities at a discounted rate, but this will vary based on the specific location and availability.
What protections does the SCRA provide for military servicemembers?
The SCRA provides protections against eviction from self-storage units for military servicemembers who are on active duty or who have been on active duty within the previous 90 days.
Can military servicemembers retrieve their belongings after an eviction?
The ability to retrieve belongings after an eviction varies by state and by the terms of the rental agreement. In some cases, the tenant may have a limited amount of time to retrieve their belongings before they are sold.