Storage Unit Renters Rights in the State of Texas

Introduction

Renting a storage unit is a common need for many people in Texas, whether for extra space during a move or to store seasonal items. Knowing your rights and responsibilities as a renter can help you avoid problems and protect your belongings. This article will guide you through the key aspects of storage unit renters' rights in Texas, making it easy to understand what you are entitled to and what you must do.

Legal Framework Governing Storage Unit Rules and Regulations in Texas

• Overview of Relevant Laws Texas has specific laws to protect storage unit renters, mainly found in the Texas Property Code, Chapter 59. These laws explain how a self storage facility can handle issues like unpaid rent and the sale of stored items to recover costs. Staying informed about self storage legislation changes is crucial, as these changes occur annually and can significantly impact storage operators and investors.
• Role of Local Ordinances Besides state laws, local cities and counties may have their own rules for storage units. It’s important to check these local regulations to understand any additional protections or requirements in your area.

Storage Unit Tenant Rights

• Right to Access As a renter, you have the right to access your storage unit during the facility’s operating hours. Make sure you understand the facility’s access rules, such as gate codes or office hours, so you can get to your belongings when needed.
• Right to Privacy Your storage unit is private. Facility owners cannot enter your unit without permission, except in emergencies or if they have given you proper notice. This right ensures your belongings are secure from unauthorized access.
• Right to Notice If there are changes to your rental terms, rent increase, or new rules, the facility must notify you in advance. Additionally, if you fall behind on payments, they must provide written notice before taking action, like auctioning your items.
• Right to a Safe Environment The facility must maintain a safe and secure environment. This includes proper lighting, working locks, and regular maintenance. Security measures like cameras or guards should be in place to protect your stored items.

Responsibilities of Storage Unit Renters

• Payment Obligations You must pay your rent on time every month. Late payments can lead to extra fees and possibly losing your belongings if the rent is not paid. Make sure you understand the payment schedule and keep up with your payments to avoid issues.
• Adherence to Facility Rules Each storage facility has its own set of rules you must follow. These can include guidelines about what you can store and behaviors like keeping your unit clean. Violating these rules can result in penalties or eviction from the unit.
• Proper Use of Unit Storage units are for storing items, not for living or running a business. Avoid storing hazardous materials like chemicals or explosives. Using your unit properly helps ensure safety for everyone at the facility.

Landlord Obligations and Duties

• Maintaining the Facility The facility owner must keep the property in good condition. This includes repairing any damages, ensuring cleanliness, and providing adequate security measures like locks and surveillance cameras.
• Providing Notices The owner must give you advance notice of any changes to your rental agreement, like rent increases or new rules. They also need to notify you before accessing your unit, except in emergencies or if there’s a valid legal reason.
• Handling Tenant Defaults If you fail to pay rent, the owner can take steps to recover the money, including auctioning your stored items. However, they must follow legal procedures, including notifying you in advance and giving you a chance to pay what you owe. If the property sells for more than what you owe, the facility is obligated to notify you about the excess proceeds, which you can claim within two years. Additionally, the owner must inform you if your property sells for more than what you owe, including any reasonable expenses.

Procedures for Resolving Disputes with Written Notice

• Internal Dispute Resolution Many storage facilities offer ways to handle complaints internally. This can include talking to a manager or using a formal complaint process. It's often the fastest way to solve a problem.
• Legal Recourse If internal resolution doesn’t work, you can file a complaint with the Texas Consumer Protection Division. You may also consider small claims court for disputes. Hiring a lawyer or opting for mediation can also be effective ways to resolve conflicts.

Special Considerations

• Military Service Members If you are in the military, special laws protect you under the Servicemembers Civil Relief Act (SCRA). These protections help ensure that your property is safe while you are on active duty.
• Natural Disasters and Emergencies During events like hurricanes or floods, you still have rights. Facilities must take steps to protect your items. Check your rental agreement and ask the facility about their emergency plans to ensure your belongings are safe.

Tips for Renters

• Selecting a Storage Facility Choose a facility with good security and maintenance. Visit the location, read reviews, and compare prices. Make sure the facility meets your needs before signing a rental agreement.
• Documenting Stored Items Keep an inventory of everything you store, including photos. This helps if items are lost or damaged. Consider getting insurance to protect valuable items, as the facility's insurance might not cover personal property.

Conclusion

Knowing your rights and responsibilities as a storage unit renter in Texas helps you protect your belongings and avoid disputes. Stay informed, follow the rules, and communicate with the facility to ensure a smooth rental experience.

References

• Texas Property Code, Chapter 59 The primary legal text governing storage unit rentals and liens in Texas.
• Texas Consumer Protection Division A state resource for handling consumer complaints and protecting renters' rights.
• Servicemembers Civil Relief Act (SCRA) Federal law offering protections to military members, including those renting storage units.
• Local City and County Ordinances Additional rules that may apply to storage units, available on local government websites.

Frequently Asked Questions (FAQs)

1. What laws protect storage unit renters in Texas?

Storage unit renters in Texas are protected by the Texas Property Code, Chapter 59, which outlines the rights and responsibilities of both renters and storage facility owners, including how issues like unpaid rent and the sale of stored items are handled.

2. Do I have the right to access my storage unit at any time?

As a renter, you have the right to access your storage unit during the facility’s operating hours. Make sure you understand the facility’s access rules, such as gate codes or office hours, so you can get to your belongings when needed.

3. Can the storage facility owner enter my unit without my permission?

Your storage unit is private. Facility owners cannot enter your unit without permission, except in emergencies or if they have given you proper notice. This right ensures your belongings are secure from unauthorized access.

4. What notice must the facility give if they change the rental terms or increase the rent?

The facility must notify you in advance of any changes to your rental terms or rent increases. They must also provide written notice if you fall behind on payments before taking any actions like auctioning your items.

5. What are my rights if I fall behind on rent payments?

If you fall behind on payments, the facility must provide written notice before taking actions like auctioning your items. This notice gives you a chance to pay what you owe and avoid losing your belongings.

6. What are my rights to a safe storage environment?

The facility must maintain a safe and secure environment. This includes proper lighting, working locks, and regular maintenance. Security measures like cameras or guards should be in place to protect your stored items.

7. What should I do if I have a dispute with my storage facility?

Many storage facilities offer ways to handle complaints internally, such as talking to a manager or using a formal complaint process. If this doesn’t work, you can file a complaint with the Texas Consumer Protection Division or consider small claims court.

8. Are there special protections for military service members renting storage units?

Yes, if you are in the military, special laws protect you under the Servicemembers Civil Relief Act (SCRA). These protections help ensure that your property is safe while you are on active duty.

9. What are my responsibilities as a storage unit renter?

You must pay your rent on time every month and follow the facility’s rules. This includes not storing hazardous materials and using the unit properly, such as not living in it or running a business from it.

10. What should I do if my storage unit is affected by a natural disaster?

During events like hurricanes or floods, facilities must take steps to protect your items. Check your rental agreement and ask the facility about their emergency plans to ensure your belongings are safe.