Let's talk about self storage.

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  • 1.  Is an extra Facility Usage Fee legal???

    Posted 02-24-2022 11:58 AM
    We have a large number of open spaces rented and have had several businesses rent space as well. These companies have employees and extra vehicles that use the facility/gate numerous times per day.  We have decided that we'd like to charge an annual facility usage fee to those who go in and out daily. All other customers store their RV or Travel Trailer or Boat and only come in and out once a month at the most. We do monitor entrances and exits daily. 

    Is it legal to charge an annual usage fee to companies? Do we need an addendum signed separately from TSSA contract? Any advise or comments appreciated!  Thanks! 


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    Bertram Jentsch
    Hunter Valley Storage
    New Braunfels TX
    (830) 627-4566
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  • 2.  RE: Is an extra Facility Usage Fee legal???

    Posted 02-25-2022 10:12 AM
    I believe you can charge any fees you want to charge. It is your property, and you are renting them usage of said property. I don't see how or where any law would prevent you from doing that. As long as it is well known to customer upon renting, I don't see where you have an issue.

    From a customer standpoint where do you draw the line. Customer A may have 3 employees and they access the property twice daily. Customer B has 7 employees, and they also access the property twice daily. Customer B obviously will cause more wear and tear on the property and gate operators etc. Is it fair that customer A pays the same annual fee as customer B? 

    We have several people that store their boat here and go fishing quite often. They access the property far more times per month than your typical RV owner. One guy in particular might go fishing 5 to 7 times a month (must be nice to be retired). Should he be charged an annual fee the same as a commercial customer? We also keep an eye on people coming and going through our gate system. We also live and work on sight and that allows us a little more insight as to what's going on daily.

    I don't know all the ins and outs of your business. Just giving you food for thought. Hope it helps.

    Gene Schach
    North Edinburg RV and Boat Storage LLC.
    Edinburg, TX.

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    Carl Schach
    Owner/Operator
    North Edinburg RV and Boat Storage LLC
    Edinburg TX
    (956) 533-1205
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  • 3.  RE: Is an extra Facility Usage Fee legal???

    Posted 02-28-2022 02:29 PM
    Thank you so much! 
    We show the difference in usage by our gate system. It is really obvious, and these guys know they would pay triple for a yard where they would normally have to rent.

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    Bertram Jentsch
    Hunter Valley Storage
    New Braunfels TX
    (830) 627-4566
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  • 4.  RE: Is an extra Facility Usage Fee legal???

    Posted 03-01-2022 08:39 AM
    Hello Bertram,

    TSSA legal counsel provided this response: 

    If the member wishes to charge an annual usage fee (or any other type of fee not contemplated in the lease), then the lease will need to be modified, either via the Special Provisions paragraph or a separate addendum. The member will not be able to charge this type of fee without modifying the Lease. There is no particular problem with this concept (and the fee can be charged either as a separate fee or baked within the monthly rentals).

    Will Farnsworth
    Rigby Slack
    3500 Jefferson St., Suite 330
    Austin, Texas 78731
    Phone: (512) 782-2060

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    Mallory Scott
    Texas Self Storage Association, Inc.
    Round Rock TX
    (512) 374-9089
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