Senior Aid: Know the state laws regarding storage unit rental

A rental contract was signed for the storage unit, and it all seemed so simple.

She meant to read the contract in full to avoid later misunderstandings, but Cindy was late for lunch with a friend when she signed it and received her copy. She knew that the basic requirements of a storage unit rental contract are found in West Virginia Code sec. 38–14–1, et seq.

Moving everything to the unit didn’t take Cindy’s son long. He even added a few things from his own basement and garage.

The months went by quickly and somehow Cindy got behind on the rental payments every so often. One day, a certified letter arrived.

The storage unit operator can send the default notice by certified mail, electronic mail, text message, or other methods if agreed to in the rental contract.

An overlooked email or one that arrives in the junk folder can mean the renter doesn’t know their rental period is legally over because of nonpayment.

The letter stated that the rent on her unit was now 60 days past due, that she was legally in default, and that the contents would be auctioned online in two weeks.

State law permitted the storage unit operator to terminate the contract once rent was in arrears 60 days or more. No court proceeding was needed for that termination.

Further, the law allows the operator to charge late fees for each month, and that additional amount was also needed to retrieve her stuff before the sale occurred.

How was she going to get all that money in that short time?

The online auction website had a photo of the unit’s interior, bidding requirements and deadline, and other terms.

Since she was in default, the operator denied her access to the unit. They had been so nice to her before.

Cindy checked the contract and learned that if the auction brings in more than the total she owed for the rent and late fees, along with the auction costs, the operator would have to return the excess amount to her. She intended to follow the bidding and ask for an itemized listing right after the auction.

When rent payments have stopped and the items in the unit have little or no resale value, as established by an affidavit signed by a knowledgeable and credible person, the landlord can discard all of the contents rather than auctioning them.

That had happened to her friend Missy, but the operator didn’t have such an affidavit when she asked to see it. So Missy was suing the operator in magistrate court, and fortunately she had photos and a list of everything she had kept in the unit.

If more than one unit is needed, it is smart to have a separate contract for each unit. At a later time, it may be desirable to stop renting one of the units while retaining others.

For contract issues dealing with storage units or other legal questions, state residents age 60 and older may call West Virginia Senior Legal Aid at 800–229–5068 for free guidance and assistance from the staff attorney.