SSA Blog

Even though self storage facilities are constantly working to increase their occupancies, sometimes a self storage operator must make the decision to terminate the lease of a paying tenant. It may be that the tenant is using the rented space in violation of the rental agreement’s use provision or maybe the tenant is belligerent to the managers.

The Fair Debt Collection Practices Act (FDPCA) does not regulate the direct collection activities of businesses, such as self storage facilities, to which the debt is owed. It regulates the activities of businesses, such as collection agencies, to whom a debt is referred for collections. However, there is one exception in the law that can result in a creditor being subject to the law’s regulations.

You know a topic is relevant when “60 Minutes” runs a story on the topic. Their program titled “Drive-By Lawsuits” that aired in early December explained how the Americans with Disabilities Act has resulted in hundreds if not thousands of lawsuits where individuals have filed complaints against businesses not as actual customers, but based solely on a drive-by of the property or worse yet, by viewing the property on Google Maps and basing a claim on what is seen only from the computer screen.

The Texas Supreme Court’s ruling that mosquitos are wild animals may appear of little significance to self storage operators. However, the court’s decision in Union Pacific Railroad, Corp. v. Nami, 2016 Tex. LEXIS 571,could prove significant for any landowner in a mosquito infested area as fears of the West Nile and Zika viruses are spreading across the country.