30 Sep 2020
As we move further into the pandemic there remain conflicting signs of our future. Infections are rising, deaths are mounting while research institutes and pharmaceutical companies race to find a cure through a vaccine. In the interim, we seek to find normalcy with working from home, creating virtual classrooms for our children, wearing masks while shopping, and enjoying outside-only dining at restaurants.
For those invested and working in the self storage sector of the industry, while we may have learned that our business was "essential" (at least under some definitions), the pandemic has left us with anxious tenants, un-visited facilities, increasing rent defaults and a new list of maintenance and safety protocols. COVID-19 has also left us with certain new and unique questions about the obligations of being a landlord.
One of the first issues is how to handle late fees and the enforcement of the owner's lien due to a rent default.
The other issue that a self storage landlord needs to consider is the risk of virus contact at the facility.
Although there appears to be no law to require it, if that is the case and the facility is notified, it would be recommended that the facility post a notice acknowledging that the facility received notice that an infected person was on the premises and, since notification, the facility (and the areas where the person traveled on the property) have been sanitized for cleanliness. The decision to notify as compared to not notify may seem burdensome, but the benefit of making that disclosure (thereby permitting the tenant to make its own decision to enter) may ultimately create the difference between a successful or unsuccessful tenant injury claim.
Author: Scott Zucker Thumbnail: Photo by engin akyurt on Unsplash
