Of course most contracts for self storage dictate that: " The Occupant shall not use the unit for residential purposes, for practicing or rehearsing music, for a workshop of any type, or the operation of a business."

While it seems clear enough to the average reader, there are arguments by those who chose to try to live in their storage units that " The contract is not specific enough, it does not define the term residential"

How long can a tenant stay on the premises before it is considered " loitering or some such. "

What constitutes " operation of a business"

Where does the long term existence of a live human (mammal) inside a storage unit stand when applied to contract legalese that says; The storage of foodstuff, animals, plants, insects, or other perishables whatsoever is prohibited and shall conclusively deem the Occupant in default of the Rental Agreement.

Are the above noted contract statements too vague and ambiguous? Can they hold up in a court of law?

As the world continues to grow on the internet we have an overabundance of self trained lawyers that research and find ways to work around such contracts.

Any ideas? Is there any Case Law for Washington State that speaks specifically to this issue?

Thanks

JMD

Hey nosferatu (love that name, movie, too), here's what I say to the above: Baloney!

If I find a tenant has been sleeping/living in a unit, I remind them that "I am not running a motel. This place is for storage only." If they argue, they are evicted on the spot. If they are kind and remorseful, they get one more chance to do the right thing: not sleep/live in the unit!

Nosferatu: First off, I dig the name, but as to you questions anybody who states that the terms of their contract were not clearly "defined" should of asked you to specify BEFORE they signed the contract. If they are gonna use that as an excuse to justify living in the unit then a 7day notice is in order.

Regarding to when a person is loitering you have to take into consideration your other tenants. Chances are they aren't going to feel comfortable with somebody always near their unit. Its unfortunate if they're there often, say because they're homeless, but you do have your business and other tenants to think about.

Your contract should have something along the lines of "Occupant agrees that such rules are made a part of this agreement and agrees to follow all of Owner's Rules in effect, or that may be put into effect from time to time". This gives you the legal power to deal with difficult people.

Should somebody attempt to take you to court using the excuses you've listed then I wouldn't be worried.

Roger the Alien,

Thanks for the reply, I will forward that info on to one of my sister facilities that is experiencing this problem.

Love your name btw.. any relation to Matt The Alien?? check him out on google. I think he still resides in Vancouver BC

Glad i could help Nosferatu. I was recently appointed to a site manager a couple of months ago so the legal situations are still fresh in my head... for now I got the inspiration for my name from the alien in American Dad. His plethora of wigs and persona's crack me up.

We have had this same situation at one of our facilities and our contract specifies what cannot be done at the storage facility. Item #19 on the front page of our contract states: Tenant agrees to not loiter at, sleep, nor reside in the storage unit. If after being warned about the aforementioned behavior and tenant is found again engaging in these activities, they will be asked to vacate said unit, as this is a breach of this contract. The same language is present on page 3 of 4 in the contract as well.
I usually will write a letter to the offender and mail a copy to the address on file and post one on the storage door as well. This usually takes care of the problem, if it doesn't, they are asked to vacate and a lock is placed on the unit and their code is locked out and a notice that they are to contact the office for access, to remove their belongings.

RCW 19.150.010 Section 1.

Your contract language is quite clear and residential use is prohibited by the Revised Codes of Washington as aptly pointed out by The Great North Wet. There is Washington case law, but it does not speak specifically to self storage. However, the term "residential use" or "residential purposes" means fit for habitation. Almost every State has similar statuatory wording as legislators want to specifically exclude self storage from allowing parties to occupy the buildings, cook food, sleep, etc.

Tenants who attempt to occupy are truly a pain in the rear, however, your contract is clear and no judge would ever interpret "residential purposes" to mean any tenant could spend all day in the space, shower in your customer restroom and sleep in their space.