HOUSTON – Whether you are in the process of moving or just need to store some extra stuff, renting a storage unit is a common thing people have to do at some point in their life.
Renting a storage unit comes with some responsibilities and obligations on the renters part, but renters also have legal rights as well.
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Here are the rights and responsibilities for both renters and landlords when it comes to storage units in Texas.
Your rights
In Texas, laws meant to protect storage unit renters can be found in Chapter 59 of the Texas Property Code.
The laws outlined here mainly deal with issues such as unpaid rent or the sale of items within a storage unit.
As a storage unit renter, you are entitled to the following rights:
- Right to access: During the facilities operating hours, a renter has the right to access their storage unit.
- Right to privacy: Facility owners cannot access your storage unit without permission except in emergency situations or if they have given you proper notice.
- Right to notice: A storage facility must notify renters in advance if there are changes to rental terms, rent increase, or new rules. They also must notify you in advance in writing before selling any of your items due to falling behind on payments.
- Right to safety: A storage facility must maintain a safe and secure environment. A safe environment includes proper lighting, working locks, and regular maintenance.
Likewise, a landlord also has obligations and duties.
- Facility maintenance: The property must be kept in good condition. The landlord must repair any damages, keep the facility clean, and provide adequate security.
- Providing notices: A landlord must provide advanced notice to renters before raising rent, changing the terms of rent, or making new rules. They must also give you advanced notice before accessing your storage unit outside of an emergency situation.
- Tenant defaults: If a renter fails to pay rent, a landlord can take steps to recover the funds, including auctioning off stored items. Before they can do that though, they must provide advanced written notice and give renters a chance to pay. If the property sold generates more money than what a renter owes, the landlord must notify a renter about the excess proceeds, which a renter can claim within two years.
When it comes to disputes between a renter and landlord, there are a few options one can take.
- Internally: Many storage facilities offer ways to handle disputes or complaints internally. You can either speak to a manager or use a formal complaint process.
- Legal options: If a renter is unable to resolve the issue internally, they may file a complaint Texas Consumer Protection Division. You can find the link to file a complaint here. Additionally, you could also use small claims court for disputes.
There are some special circumstances as well that renters and landlords must be aware of.
- Military members: The Servicemembers Civil Relief Act (SCRA) protects renters in the military from having their property sold by storage facility owners without a court order or lawsuit. If military renters property is seized without following correct legal procedures, the renter may be entitled to recover the value of their property as well as any attorney fees and court costs.
- Natural disasters: In the event of a hurricane or flood, facilities must take steps to protect your items. Prior to a disaster, it would be a good idea to check on your rental terms and ask your landlord about the facilities emergency plan.