Let's talk about self storage.

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  • 1.  Who is liable?

    Posted 16 hours ago

    We have an RV and boat storage facility. Currently we have a traditional key code access for our gate. We require the code to enter as well as exit the property. It also logs all entries and exits. We have 42 cameras on the property including a license plate camera at the gate. Lease holders share gate codes with their family members and whoever they want to come out and check on their boat or whatever they have here.   Not much we could do about that so we would inform them that they are liable for anything that person did while on the property...i.e. backing into another trailer.

     Question: Who is liable should they cause damage and they are not the lease holder? 

    In a few weeks we will be implementing and testing a new entry system. In lieu of a code, a token will be issued to their phone. The phone becomes the code and there is nothing to share. Currently we have several customers that share a boat with their brother or son. Either one comes and takes the boat out to go fishing. One is the lease holder, the other just has access via the shared code. Moving forward, we will have to issue multiple tokens for that spot for both people to have access. We will require a photo ID and phone number for any subsequent tokens. We will also require the lease holder to text or email that info to us allowing the second, third, fourth, person access.

    We are excited about this new system to say the least. We will now know exactly who came and went on the property. But the question still is the same. Who is liable for damages caused by someone other than the lease holder? I looked through the gold book and didn't find an answer. Maybe I didn't dig deep enough.

    Thanks,



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    Carl Schach
    Owner/Operator
    North Edinburg RV and Boat Storage
    Edinburg TX
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  • 2.  RE: Who is liable?

    Posted an hour ago

    Carl, 

    The question of who is liable can only be answered after a claim has been filed and investigated by a licensed adjuster. Our independent insurance agency writes insurance coverage for many self-storage facilities throughout Texas and other states, unfortunately the party that was damaged will normally file suit against everyone.  In many cases, we see both the party that caused the incident and the facility itself share in the loss. 



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    Scott Ashley
    Assurance One of Texas, LLC
    Sugar Land TX
    Texas@assuranceonetx.com
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  • 3.  RE: Who is liable?

    This message was posted by a user wishing to remain anonymous
    Posted an hour ago
    This message was posted by a user wishing to remain anonymous

    Paragraph 17 of the TSSA lease states the tenant is liable for damages done by someone they let onto the property.  

    17. RESPONSIBILITY FOR DAMAGE. Tenant will pay for damage caused by Tenant or Tenant's employees, agents, delivery persons, family, guests, or their animals to the space rented or to any other real or personal property located at the facility or used in connection with it. Until paid in full, Lessor may deny Tenant access to the facility and overlock Tenant's space immediately.




  • 4.  RE: Who is liable?

    Posted an hour ago

    If I am being honest, I have never read the lease cover to cover. The verbiage sounds good, but would it hold water in court I wonder?

    Am I worried about something I shouldn't be worried about? The difference being, if a tenant shared the code, they took the liability. With us actually issuing a token and granting access, are we accepting liability? I feel if we have a written request from the tenant to allow them access, the liability falls back to them. Maybe I'm over thinking this.



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    Carl Schach
    Owner/Operator
    North Edinburg RV and Boat Storage
    Edinburg TX
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  • 5.  RE: Who is liable?

    Posted an hour ago

    There's the issue! Most carriers do not want to go to court as the payout tends to be much higher, so they will settle. This is not to say it occurs in all cases, but it does happen more often than you or I would want. 



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    Scott Ashley
    Assurance One of Texas, LLC
    Sugar Land TX
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