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. ©2021 Simply Self Storage. A late fee is a "liquidated damages" clause in your rental agreement. SSM’s use of your information is governed at all times by the Privacy Policy, which is incorporated into these Terms. GENERAL PROVISIONS. 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). THIS LIMITATION OF LIABILITY APPLIES TO ALL DAMAGES OF ANY KIND, WHETHER IN CONTRACT OR TORT. 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. Maryland also has a statute regarding late fees; however, I cannot state with any certainty that the Maryland legislation applies to self-storage because the law refers to the industries that provide consumer services. Your rights and duties under these Terms are not assignable by you without SSM’s written consent. Governing Law; Miscellaneous Legal Terms Horrible horrible company. The SIMPLY SELF STORAGE design service mark is a registered trademark of Simply Storage Management, LLC. Archive by tag: late fees Return. 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. In other words, it must represent a fair approximation of actual damages suffered as a result of the late payment. SUBCHAPTER A. For example, in Alabama in 1993, the Supreme Court ruled that a late fee equal to one-third of a month's rent was an illegal penalty. Sec. Entire Agreement However, the fee may not be so large as to "act as a penalty." Late fees vary by state but are a percentage of the amount you pay each month to rent a storage unit. A conservative late fee may pay great dividends later in the avoidance of expensive class-action litigation. As of press time, only three states have statutes that clearly set forth the appropriate late fee for self-storage. The deal with Brookfield gives Simply significant funding for growth through both acquisition and development. Additional costs for self storage There are no hidden fees or nasty surprises on a Safestore invoice. 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. Nevertheless, until there is greater certainty as to the applicability of this act, owners in Maryland ought to factor these guidelines into their calculations. SSM also reserves the right to block users from certain Internet Protocol addresses and prevent access to the Website. That being said, the law provides for an exception if the entity to whom you are renting is a business tenant. 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. Rental rate increase without notice. Definitions. §18–503. In the meantime, a Texas trial court recently dismissed a class-action late-fee suit. An operator can make a reasonable approximation and calculate the lost value by either a) the state's legal interest rate or b) the actual out-of-pocket costs to the operator, such as late fees on mortgages or other bills that were unable to be paid as a result of the occupant's failure to pay rent. Keeping current with your monthly storage bill is always the best policy. 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. 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). Occupant responsible for care of stored property until sale. The closest thing to a pro-owner late-fee bill for self-storage was proposed and narrowly failed to pass in Missouri. Inside Self-Storage is part of the Informa Markets Division of Informa PLC. App. Rent online or make a free online reservation for all our locations. After Birch won his case, he began suing other public utilities, such as his telephone company and the electric company, for their high late fees. 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. This Website may contain links to third party sites not controlled by or related to SSM. 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. Please review the Terms periodically, as it is your responsibility to abide by the current Terms at all times. The best way to know you are safe is to have a piece of legislation that provides guidance on late fees and a safe harbor for owners. Including what happens if you do not pay the fees, how to get your property back, and whether the storage facility can take your property to settle a debt. All rights reserved. You may not copy, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to SSM or our licensors without obtaining prior written consent. 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. A late fee cannot be designed to act as punishment. Late fee amounts are specified in your rental agreement. Hopefully, it will also include a safe-harbor provision protecting operators from any litigation inspired by late fees in compliance with the law as well as any charged prior to its passage. Your Representations and Warranties At Simply Self Storage you can choose to store your items short term, or up to several years. Late fees are typically about 20% of your monthly bill. This estimate is based upon 50 Simply Self Storage Property Manager salary report(s) provided by employees or estimated based upon statistical methods. Safeguard Self Storage is authorized to charge late fees if your payment is received more than 5 days late. Use of the Website is unauthorized in any jurisdiction that does not give effect to the Terms, including this paragraph. 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. Enforcement of lien. 1,941 were here. Any on-line payments will not be processed on that day. 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. Web page addresses and e-mail addresses turn into links automatically. Louisiana came close to having the worst of all possible late-fee bills passed against its owners. The Website is not directed to children, and children under the age of thirteen (13) are not authorized to use the Website. Late fees will be charged beginning on the 6th of each month. A liquidated-damages provision is enforceable only if the anticipated or actual loss caused by the breach will be difficult to ascertain at the time it occurs, and is not so large as to constitute a penalty. #1 ranked self storage facility in Entrepreneur Magazine's Hot 100 Fast Growth Businesses in America. Offering help during a crisis From the compassion perspective, several self-storage operators are temporarily offering free or discounted units to college students who’ve been displaced by coronavirus-driven school shutdowns. Property Manager salaries at Simply Self Storage can range from $21,577 - $49,336. Again, implementation in your computer system can be the most difficult part of following this act. The Self Storage Association (SSA) is a not-for-profit tax-exempt organization formed in 1975 under Section 501-c-6 of the Internal Revenue Code. SSM assumes no responsibility for any incorrect information or inappropriate content or conduct that is posted or occurs on the Website. PLEASE READ THE FOLLOWING CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. SSM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. Intellectual Property New York Laws on Storage … 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. This month's article focuses on the history and recent developments in this important area. 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. 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. But more and more, these types of fees have fallen under the scrutiny of consumers who claim that the fees are unreasonable or even illegal. Offered only on selected units. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Storage leases are typically month-to-month, so you are not obligated to set a rental length up front. We do not sponsor or endorse those third party sites, and you may access those third party sites through the links at your own risk. However, in 1997, an Indiana Court of Appeals held that a late fee equaling 30 percent of the monthly rent was reasonable. v. United Cable Television of Baltimore. That does not, however, mean the attorneys in Texas are not looking for another, more dramatic late-fee case to file. (1-a) "Military service" means: (A) military service as defined by Section 101, Servicemembers Civil Relief Act (50 U.S.C. You agree to be bound by any changes to the Terms when you use the Website after any such revision is posted. You represent and warrant that any information and materials that you provide are factually accurate, and do not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any third party, and are not unlawful, fraudulent, obscene or otherwise objectionable. Large variety of sizes for households and businesses. 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. Neither the course of conduct nor course of dealing between the parties nor trade practice shall act to modify any provision of these Terms. Purpose of Website Climate Controlled Storage and Other Specifications. Validity of Terms Other restrictions, taxes and fees apply. Simply Self Storage provides short-term and long-term storage solutions in Warren, MI as well as over 200 locations nationwide. Validity of rental agreements entered before July 1, 1983 §18–501. The first is North Carolina, where the late fee may not exceed 15 percent of the rent due. One of the reasons a harsh late-fee bill was proposed was because a state legislator failed to pay rent for several months and was hit with tremendous fees, some of which were proper late fees, others of which did not appear to have been properly itemized. When you register and open an account through the Website, you will designate a user name and password. 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. We see late charges for cable television and apartment rents being litigated, but the court rulings are generally inconsistent. That being said, how do you know if your late fee accurately reflects costs and expenses but is not deemed a penalty? Social. How Far in Advance Can a Unit Be Reserved? Prohibited acts. 6501 et seq.) 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. If you do not agree with the Terms, you should exit the Website immediately. Important area through a link on this Website may be used only for lawful within... Exceed 15 percent of the monthly rent was reasonable television and apartment rents litigated. Carefully as it CONTAINS important information REGARDING your legal rights, REMEDIES and.... Warren, MI as well as over 200 locations nationwide ssm with respect to the Terms, including paragraph! 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