Access to Unit by Non-Tenant

By Christopher A. LaVoy, Esq.
Tiffany & Bosco, P.C.

AZSA recently had its annual tradeshow, which was a great success. The thing I enjoyed most about the tradeshow was the opportunity to talk with managers and operators about the everyday legal problems they encounter, which forces me to think about potential solutions.

One issue that came up over and over again this year was what, if any, duties are owed to another person besides the renter that is listed on a self-storage lease. This situation frequently arises when a person is listed as an “alternate contact” in the lease. This situation also arises when the renter lists a spouse or other person as a co-renter, but the spouse or other person does not sign the lease.

This situation most often generates a legal problem in the context of a divorce or the renter dying. The other person listed on the lease will come into the office asking for access to the unit to remove stored property. The question is whether such access should be granted.

ARE YOU USING THE AZSA LEASE?

To start with, if you are using the AZSA lease, you are authorized under the lease to grant anyone, regardless of whether he or she is listed on the lease, access to a unit if that person has both the gate code and the key or combination for the lock on the unit. Put differently, under the AZSA lease, you have no obligation to scrutinize or stop anyone attempting to access a unit if that person has both the gate code and the key or combination for the lock on the unit. You should not, however, assist such a person if the gate code, key or combination does not work for any reason.

But this is not usually the situation. The person who shows up in your office does not usually have the gate code, key or combination; otherwise the person would have gone directly to the unit. So what do you do then?

DON'T GRANT ACCESS

If the lease does not specifically authorize you to grant access to someone listed as an “alternate contact” or unsigned co-renter, then my advice is that you should not grant access to that person without written permission from the renter who signed the lease. The AZSA lease contains language authorizing the operator to grant "full access" to an “alternate contact” if the box is checked (see "Alternate Contact Person," below the shaded portion of the lease on the right side).

I recognize that when the renter is dead, you will not be able to get such written permission, and this may present a hardship for the spouse or other relative asking for access. However, the spouse or other relative may still get access either by finding the gate code, key or combination or, alternatively, by using a Small Estate Affidavit (see articles related to Death of a Tenant, also in this section) or by obtaining an order from the probate court authorizing such access. In the context of a divorce, however, the spouse that signed the lease will be in a position to give such written permission. If the spouse will not give such written permission, as is often the case, then do not grant access to the unit—doing so will only get you embroiled in the ugly legal battle.

WHEN THE RENTER IS DECEASED?

The most difficult situation is to withhold access when the renter is dead and the spouse or other relative is asking for access. In all likelihood the person is probably entitled the property in the unit and you feel like the bad guy by denying access in this time of hardship. That is why AZSA's lease contains that "Alternate Contact" box. If the renter checks the box, then you may grant access to the “alternate contact” person in the event of death, or in any other situation for that matter (including in a divorce if the spouse is listed as an “alternate contact” and the box is checked).

If the intention is for the other person to be a true co-renter, such that the person is jointly liable with the primary renter for rent and any other charges, then both can be shown as the primary renter in the box for renter’s name, with both persons signing the lease - although we advise against this, see article entitled "Tenant is Husband AND Wife: Don't Do It."

Best of Luck!

[This article deals with a law related subject at a general level and is not intended for you to rely on. You should consult a lawyer before making a final decision in a situation involving any legal issues.]

Christopher A. LaVoy is partner in the law firm, Tiffany & Bosco, P.C., and serves as AZSA’s legal counsel.

Source: Behind Closed Doors, AZSA Newsletter Archives