Legal Update: Where are we now? | Gabfocus | Self Storage Virtual Workshop

Gabfocus Episode 16| Legal Update: Where are we now?

Since laws and legal best practices are constantly shifting, we're getting an update from our storage legal experts. Where do things stand? Are there any COVID-related updates storage owners or facilities need to know about? Are there any legal changes that have happened in the last few months that affect the storage industry? Join us for an update!

Moderators: Melissa Huff & Tommy Nguyen
Featured Speakers: Joe Doherty

Category: Legal
Focus: Owners and Managers
Aired: September 24th, 2020
Duration: 1:03:50

Gabfocus Sessions

Gabfocus Sessions are virtual workshops for self storage owners, managers, and operators. Brought to you by the team behind Gabfest: StoragePug and MR Management.

Each session features hand-picked industry pros who will dive deep into relevant topics surrounding our industry, share best practices, and explore trends in the market. It's our hope that these sessions help you navigate your self storage business better during these uncertain times.

Want more tools for your managers? Join us on Gabfocus weekly on Thursdays.

Top Questions Answered in this session

What are the latest lien law updates? Has anything changed?
Can I start auctioning off units again?
What are things to be aware of while conducting lien sales right now?
Is there any recent COVID legislation that’s affecting the storage industry?
Are there are actual legal requirements that we must follow regarding COVID, beyond common sense "do the best you can to keep you and others safe"?
Is there any 2021 legislation we should know about that will be affecting the storage industry?
Any other trends or situations on the horizon that will affect facilities from a legal standpoint?
Since we are doing a lot of contract via email, we may not get the contract back before they take possession of the unit. Is there verbiage we can add to our contract that should protect us?
If a tenant will not give me an address, or a phone number where I can reach him, can I ask him to leave?
What are our limitations, if any, regarding items of possible value that are abandoned on our property?

These are just a few of the questions answered during this session! Get your pen and paper ready!

Resources from this session

Awesome Quotes

“In terms of lien sales, virtually all states can move forward with their auctions.” - Joe Doherty

"Fortunately, there haven't been any major COVID-related litigations against storage facilities, but that's not to say 'let your guard down.' Follow your state and local guidelines, so that if something were to happen, you're able to prove that you were doing what you were supposed to do."- Joe Doherty

"Online renting was here before the pandemic, but it has obviously accelerated its importance. Using more online rentals is a great development for a variety of reasons."- Joe Doherty

"This is a great time to get your tenants on autopay. Not only can you provide a no-touch experience, but it makes it so much easier to collect rent and notify your tenants if you need to." - Melissa Huff

Lien Law Updates

We've had some major Lien Law Updates in 2020. Tennessee has eliminated the newspaper requirement for lien sales. In Joe's words, "a weight has been lifted from the shoulders of the self storage industry." Another significant change happened in Mississippi, where they had a full lien law change - the only complete lien law change of 2020. The requirement for newspaper advertising was also eliminated and online lien sales are now allowed. Although more and more states are updating and modernizing their lien laws, it's important to know the specific requirements of your state. Check out this Session for a closer look!

Resources Mentioned

Self Storage Association - Legal Updates

Question of the Week

We asked our panelists: What are some legal blindspots that self storage operators have?

“We at the national and state associations spend a lot of time and energy fighting change lien laws. My advice? Make sure you know your state's lien laws and that you're following modern practices." - Joe Doherty

“The two major liabilities we see operators have are wrongful sales and injury on their property. Make sure you're taking the steps to stop those things from happening to you. There are a whole lot of resources you can find to help take yourself through the lien sale process properly." - Joe Doherty

Gabfocus Takeaway

Our big takeaway from this Session is that even on the legal side, things change! From lien laws to local ordinances, each state and location may have its own specific requirements they have to navigate. And, as much as we may wish we could "set it and forget it", it's important for operators to keep up-to-date with what's happening within their states. People like Joe are working tirelessly to update lien laws in ways that modernize and benefit the storage industry at large. Be sure you're take advantage of all the hard work they've done!