USE PROVISION In addition to the standard items


that are prohibited to be stored, nota- bly food or other perishables, it has become increasingly clear that oper- ators want to notify their tenants that they should not be storing any type of ammunition, fireworks, or lithium batteries in their rented spaces, regardless of the operator’s efforts to control the temperature in these spaces. Too many fires or other dan- gerous conditions have erupted due to the storage of these items. It seems somewhat obvious that


explosive materials like fireworks or ammunition should not be stored in a self-storage unit. Numerous examples can be shared of signifi- cant damage caused by the improper storage of these devices in storage units as well as the danger posed to first responders who are battling fires caused by these items. Now operators can add to their list certain batteries that are subject to leakage over time if not properly stored. It is rec- ommended that self-storage opera- tors include lithium batteries to their list of prohibited items to be stored in self-storage rental units, especially non-climate-controlled units where excessive heat could impact the integrity of the battery and cause a fire. Due to these clear concerns,


many operators now are trying to provide clear guidance to their cus- tomers about the risk of storing dan- gerous or hazardous materials in self-storage units. These notices and restrictions can be found not only in the facility’s rental agree- ment, but also in their marketing materials and property signage. As part of the rental agreement,


operators need to clarify for their customers what they are allowed to store and what they are prohibited from storing. A typical “USE” provi- sion might read as follows: USE OF STORAGE SPACE: Occupant agrees to use the Space only for the storage of property


SECOND QUARTER 2024


wholly owned by Occupant. The Occupant agrees that the Facility and the Occupant’s property will not be used for any unlawful purposes or contrary to any law, ordinance, regu- lation, fire code or health code and the Occupant agrees not to commit waste, nor to create a nuisance, nor alter, nor affix signs on the Space or anywhere on the Facility, and will keep the Space and the Facility in good condition during the term of this Agreement. Occupant agrees not to store collectibles, heirlooms, jew- elry, works of art, or any property having special or sentimental value to Occupant. Occupant waives any claim for emotional or sentimental attachment to the stored property. Occupant shall not loiter at the Facility, spend excessive or unneces- sary time in or around the Space, or interfere with the use of the Facility by other occupants. Any access to the Facility outside of access hours is considered trespassing. Occupant shall not store food or any perishable items in the Space. Unless otherwise agreed to in writing with Operator, Occupant agrees not to conduct any business out of the Space and fur- ther agrees that the Space is not to be used for any type of workshop, for any type of repairs, or for any sales, renovations, decoration, painting, or other contracting. The Occupant will indemnify and hold the Operator harmless from and against any and all manner of claims for damages or lost property or personal injury and costs, including attorneys’ fees aris- ing from the Occupant’s lease of the Space and use of the Facility or from any activity, work or thing done, per- mitted or suffered by the Occupant in the Space or on or about the Facility. Occupant shall not be permitted to store any flammable or hazardous materials including, but not limited to: fireworks, ammunition, or lithium bat- teries. Occupant shall not (and shall not permit any person to) use the Space in any manner that would be a violation of any applicable federal,


state, or local law or regulation, relat- ing to use or distribution of mari- juana. Violation of any provision in this Paragraph shall be grounds for immediate termination of this Agreement. It is important for operators to


review and update their agreements to address these concerns, espe- cially if they have experienced any previous fires on their property. Operators may also want to reach out to their insurance provider for guid- ance since it is possible that certain claims could be denied based on the determined cause of the fire. In addition to the Rental Agreement,


notice of these restrictions should also appear with appropriate signage in the rental office and around the facility premises. Simple signage such as “Please DO NOT Store ...” are suffi- cient and a great reminder to tenants who may otherwise unintentionally store these items without consider- ation for their danger. The last suggestion about notice


would be in the facility’s brochures and websites. In fact, many operators include separate pages as part of their websites that offer guidance of not only what can and cannot be stored, but also helpful hints as to how items should be stored to pre- vent damage. It is on these pages where tenants should be reminded of the dangers of storing certain haz- ardous materials. Finally, operators need to be dili-


gent about talking with their custom- ers about what should and should not be stored in their storage units and should be vocal when they see any improper use of a storage unit. Prevention and deterrence are key to avoiding the risks of hazardous mate- rials being left in rental units.


Scott Zucker is a partner at Weissmann Zucker Euster & Katz, P.C., a law firm based out of Atlanta, Georgia, and is a partner in the Self Storage Legal Network, a legal information service available through the national Self Storage Association. He can be reached at Scott@wzlegal.com.


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