The Website is not directed to children, and children under the age of thirteen (13) are not authorized to use the Website. Two months after the Birch decision was affirmed by the Maryland Court of Appeals, David Grinnell sued Public Storage for its late fees in the Circuit Court for Baltimore City, Md. All the SSAA’s agreements include a right to increase the storage fee from time to time. CLICK HERE FOR SCOTT ZUCKER'S NOTE REGARDING LATE FEE LAW Terms & Conditions . Definitions. All Rights Reserved. Billing. Storage leases are typically month-to-month, so you are not obligated to set a rental length up front. We offer secure storage with convenient access and affordable prices. Indemnification However, sometimes there are promotions or discounts available that require a minimum rental length in order to be redeemed. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SSM UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). §18–506. Any on-line payments will not be processed on that day. View our Storage Terms & Conditions here. Questions, comments or suggestions for future topics can be sent to Jeffrey Greenberger c/o Katz, Greenberger & Norton LLP, 105 E. Fourth St., Suite 400, Cincinnati, OH 45202; call 513.721.5151; e-mail JJG@kgnlaw.com. Mr. Greenberger, licensed to practice law in Ohio and Kentucky, is the legal counsel for the Ohio Self Storage Owners Society and the Kentucky Self Storage Association, as well as a regular presenter at Inside Self-Storage Expos. Nevertheless, the legislator/tenant clearly intended to "strike back" at the industry. The Website will have promotional offers from time to time, which are subject to change and subject to availability. While the issue of late fees had been on the minds of some state attorney generals, it came to the forefront in the summer of 1997 in the case of Louis Birch et al. We are not responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or high traffic on the Internet or any combination thereof, including any injury or damage to your or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website. It further provides that an operator can set a higher late fee if it is reasonable to do so, with the operator having the burden of proof. A unit goes into lien on the 31st day, but we don't apply the lien fee until we cut the lock. You are solely responsible for choosing and maintaining the confidentiality of the user name and password, and you are solely responsible for all activities and purchases made through your account. We do not control or endorse any content posted on the Sites by third parties, and specifically disclaim any liability with respect to submissions, postings and actions of third parties using the Website. Courts have also held that prompt payment, on-time payment discounts or "street rent" (where rent is reduced to a certain amount as long as it is paid by a certain date) is simply an attempt to disguise a late fee. SSM may assign its rights and duties under these Terms to any party at any time without notice to you. ©2021 Simply Self Storage. Rental rate increase without notice. It should accurately reflect an approximation of the damages an operator actually suffers as a result of the late payment. Some states have recently solved this problem (not necessarily to the operator's advantage) by enacting statutes that provide the appropriate late fee in a self-storage situation. When it is applied it is $55. MARYLAND SELF-SERVICE STORAGE ACT Table of Contents: §18–501. 59.001. Your Representations and Warranties Late fees will be charged beginning on the 6th of each month. https://www.insideselfstorage.com/sites/all/themes/penton_subtheme_insideselfstorage/images/logos/footer.png, Extended California Price-Gouging Protections Could Affect Self-Storage, Other Services. He represents self-storage owners and managers throughout the country on legal matters including property development, facility construction, lease preparation, employment policies and tenant-claims defense. That being said, the law provides for an exception if the entity to whom you are renting is a business tenant. As an industry, self-storage is taking two approaches to the coronavirus pandemic — compassion and caution. You must notify us immediately if you experience or suspect any unauthorized access to or use of your account or any other breach of security. Validity of rental agreements entered before July 1, 1983 §18–501. At Simply Self Storage you can choose to store your items short term, or up to several years. However, the fee may not be so large as to "act as a penalty." The closest thing to a pro-owner late-fee bill for self-storage was proposed and narrowly failed to pass in Missouri. Additional costs for self storage There are no hidden fees or nasty surprises on a Safestore invoice. Occupant responsible for care of stored property until sale. You understand that through your use of the Website, you consent to the collection and use of your information as set forth in the Privacy Policy. It is important that operators work with their state associations to pass legislation to protect themselves when it comes to late-fee charges; but in the meantime, operators should be extremely cautious. You represent and warrant that: (i) you are over the age of thirteen (13); (ii) if over the age of thirteen (13) but under eighteen (18), you have the permission of your parent or guardian to use the Website; (iii) you will not use the Website for unacceptable or illegal purposes; and (iv) the information you provide through the Website will be true, complete and correct and you will update all information as it changes. Click Here to access the editable Georgia SSA Approved Rental Agreement. With this option in place, you can charge say, a $15 on the 7th day a tenant is past due, $20 on the 15th day, and $30 on the 30th day. Use of the Website is unauthorized in any jurisdiction that does not give effect to the Terms, including this paragraph. The best way to avoid late-fee litigation is if your state enacts a law setting the fee that can be legally charged. Links to Third-Party Sites The late fee assessed varies by state according to local self storage law; the grace period for a past-due payment can also vary by state. DEFINITIONS. Lien for rent, labor, or other charges §18–504. How Far in Advance Can a Unit Be Reserved? How do we calculate our late fee? Extra Space Storage provides a five-day grace period before charging a late fee on the 6th day past the payment due date. The sum included March and April’s rent — at $500 a month — in addition to late fees. Keeping current with your monthly storage bill is always the best policy. Rent online or make a free online reservation for all our locations. TO THE FULL EXTENT PERMITTED BY LAW, SSM HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Safeguard Self Storage is authorized to charge late fees if your payment is received more than 5 days late. For over 40 years, the Association has served as the official trade organization and voice of the U.S. and international self storage industry. We may modify these Terms from time to time, in our sole discretion. The Public Storage case has not reached a resolution as of press time. THIS LIMITATION OF LIABILITY APPLIES TO ALL DAMAGES OF ANY KIND, WHETHER IN CONTRACT OR TORT. Since damage from late rent is incalculable, a late fee is appropriate in rental agreements. 578A.3 LIEN. You should not include "actual costs" in your calculation, for example, the cost of sending certified notices, placing lien-sale advertisements, running lien searches through local or state recorders offices, the cost of cutting locks or performing an auction, or sale expenses. In the meantime, a Texas trial court recently dismissed a class-action late-fee suit. If you become aware of misuse of the Website, please contact us directly at digital@SimplySS.com. Simply Self Storage provides short-term and long-term storage solutions in Warren, MI as well as over 200 locations nationwide. App. In the self-storage application, the rental agreement anticipates the possibility the occupant will not pay rent on time. The California law states if a balance due is less than $60, you may not charge more than a $10 late fee. Despite our best efforts to provide accurate information, it is not possible to completely ensure that information on the Website is correct at all times. SSM has not reviewed their content, and is not responsible for the content of any third party sites. Archive by tag: late fees Return. §18–502. Please note, there may be additional terms and conditions associated with certain products and services that we provide or that you can purchase through the Website; these Terms are general in scope and are superseded by the more specific terms and conditions for those products, services and purchases. I need to pay my bill can't get a response. You acknowledge and agree that you will access and use the Website at your own risk. An operator may include in his calculation of the late fee the loss he incurs as a result of the late payment. The act specifically defines this amount as reasonable and not a penalty. For a storage facility to be able to increase storage fees during the storage period, there must be a clause in the storage agreement enabling the increase to occur. We encourage our team members to attend company-sponsored events to network and build rapport with their fellow peers. If the balance is $60 to $100, you may not charge more than a $15 late fee, and if the balance is greater than $100, you may charge $20 or 15 percent of the balance due, whichever is greater. However, in 1997, an Indiana Court of Appeals held that a late fee equaling 30 percent of the monthly rent was reasonable. §18–503. Intellectual Property SSM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT , SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ACCESS OR USE OF THE WEBSITE OR THE INABILITY TO ACCESS OR USE THE WEBSITE, EVEN IF SSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. National Storage is one of Australasia’s largest self-storage providers, offering tailored storage solutions for residential and commercial customers. Where this isn't the case, operators should maintain strict guidelines for actions taken in the event of late payment so they can demonstrate the expenses incurred as necessary and justifiable. In concordance with the Self Storage Association and other industry professionals, I encourage you to get involved with your state associations, which are pushing to introduce and pass legislation similar to the SSA model act (the proposed Missouri act). As always, I look forward to any comments you may have involving this subject or others you would like to see addressed in this column. You agree not to use the Website for any unlawful or prohibited purpose. The Terms and the Privacy Policy referenced herein form the entire agreement between you and SSM with respect to the Website. Simply Self Storage is the solution to all your self storage needs. Purpose of Website SSM reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Website for any reason or no reason, without notice, and without liability to you or anyone else. When Birch called to argue the $5 charge with the cable company, the "well-trained" operator suggested she could disconnect Birch's service if he did not like their policies and fee structure. This estimate is based upon 50 Simply Self Storage Property Manager salary report(s) provided by employees or estimated based upon statistical methods. GENERAL PROVISIONS. That design and all text, graphics, logos, icons, the selection and arrangement of these elements, and all software and content posted on the Website are the property of SSM or its licensors, and are protected by U.S. and international intellectual property laws, including, but not limited to copyright. Self-Storage and OPD (Other People’s Drama): What to Do if Your Tenant Dies, Disappears or Gets Divorced? In this chapter: (1) "Lessor" means an owner, lessor, sublessor, or managing agent of a self-service storage facility. N.Y. LIEN LAW § 182 : NY Code - Section 182: Self-service Storage Facilities and Liens; Sometimes you need to move the storage boxes out of your home to keep pests out of them. The Terms are governed by the laws of the State of Florida, without giving effect to any principles of conflicts of laws. The Terms supersede all prior or contemporaneous communications between you and SSM concerning any matters set forth herein. You can enter the late fee in terms of percentage or a fixed amount as per your needs - daily or custom day(s). SUBCHAPTER A. I have previously written on the issue of late fees in self storage in ISS Magazine, if you wish to go back and review that article (April 2001 issue). So we have a total of $65 in late fees each month, and these charges are recurring on each past due payment. This article was written by Texas RioGrande Legal Aid. A person with a large unit that has the max fee of $20 may not care as much about the late fee amount but when we see a pattern of that then we contact them and let them know that if it continues we will not renew the lease and they would have to leave. If you do not agree with the Terms, you should exit the Website immediately. However, in no event will SSM be liable to you for any liabilities or damages resulting from or arising out of (i) any unauthorized access to or use of your account or password, or (ii) any action or inaction of SSM under this section. Again, implementation in your computer system can be the most difficult part of following this act. : what to do if your tenant Dies, Disappears or Gets?! A total of $ 65 in late fees vary by state but are a of! 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