Self Storage Evictions

Self Storage Eviction Facility

Self Storage Unit Evictions differ from run-of-the-mill residential evictions or commercial evictions in several key respects.

Chapter 83 Part III of the Florida Statutes governs evictions of renters from self storage units. Parts I and Part II of Chapter 83 govern commercial and residential tenancies, respectively.

Under Florida law, Self Storage Unit eviction laws are vastly different from residential or commercial tenant evictions. Part III of Chapter 83 of the Florida Statutes is known as the Self Storage Facility Act. (the “Act”). The Act defines a Self service storage facility as any real property used for the purpose of renting or leading individual storage spaces to tenants who have access to such space for the express purpose of storing and removing personal property.

One of the major ways in which is a self storage facility eviction differs from a normal residential or commercial tenant eviction is that the Landlord’s recovery of possession of the unit is not conditioned upon the filing of a lawsuit for possession, as it would be in the case of a residential or commercial eviction.

Section 83.8055 of the Florida Statutes states that upon a tenant’s failure to pay the rent when its due, the owner may deny the tenant access to the tenant personal property located in the self service storage facility, without notice, and after 5 days from the date the rent is due. So long as the owner does not “breach the peace” the owner may proceed with deny the tenants access without resort to judicial process (i.e., filing a lawsuit for possession. Otherwise, the owner may proceed by way of judicial action (i.e., eviction of the self storage unit tenant). The owner also has lien rights to sell the personal property if the failure to pay rent on the self storage unit persists. Owners should be careful not to sell or otherwise dispose of the tenants personal property without strictly complying with the Self Service Storage Act.

If you are a tenant of a self storage rental facility, or an owner of a self storage rental facility, call our law firm today and get a free consultation as to your rights and obligations.

2 thoughts on “Self Storage Evictions

  1. Jeff Newton Reply

    I’m a self storage TENANT in MICHIGAN. I’m current with my payments. My storage unit’s owner died, and the new owner wants to evict me, without giving a reason. I live in NYC and LA now, and cannot take time off / bear the expense of travel to Michigan to transfer the contents of my unit to a different facility. They sent me a Notice to Quit. I’m fearful that they will simply empty my unit and throw my stuff out without going to Court. Are these leases really terminable at will by the storage facility? What about the tenant who is in Japan, etc? These places hype how “secure” they are, but what kind of security is there if they can put you out at a moment’s notice? Thanks for your reply!

  2. Patricia Sanders Reply

    I am trying to find a lawyer that can assist me with being able to get compensated for damage and stolen items with Public Storage. Subsequently, I am located in Miami Florida. I also have a open claim with Orange Insurance however they are refusing to pay an adequate amount to replace my damage and stolen items. They are stating the $100.00 deductible outweighs what they are willing to pay for two items (ie: books) that were reported out of an access of other items that were loss due to mildew and mold. I also was told for the stolen items claim that they want me to submit photographs, receipts and bank statements that these items hold a principle interest to me however I have had the storage for three years and have no documentation, other than a Police report that has been recently filed with Hialeah Police Dept. Can you help?

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