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.