SCRA Storage Facility Rules: All You Need To Know

Because active duty service members often travel for work, they’re regular customers at self-storage facilities. But did you know there are special rules when you’re renting out self-storage units to military members?

We’ll discuss basic rules self-storage operators should know about. It’ll give you a better idea on how to navigate as an operator or a military tenant who expects to leave their belongings at a facility for some time.

Storage Facility Rules Managers Should Know When Working with a Service Member

Active duty military personnel are regular customers at storage facilities, especially when deployed overseas. That’s why you wouldn’t be surprised if your customer is a service member.

A self-storage operator should familiarize themselves with the rules to avoid potential penalties. Here are some rules you should take note of:

1. You can’t evict an active duty military member without a court order: Even if the military tenant doesn’t pay the self-storage facility on time, you can’t throw away the content to make space. While this solution may offer short-term financial relief, the long-term effects can be costly.
2. You must notify the tenant if you’re selling their belongings: Even if the tenant owes you money, you must give them a written notice that you intend to auction their things. You should give them a month to respond to the notice. If they don’t reply, you can proceed to sell their things.
3. You should verify someone’s military status: Protections afforded by the Servicemembers Civil Relief Act (SCRA) are only valid when the personnel is on active duty. It’s the manager’s duty to confirm if these protections apply to their tenants.

The Significance of the Servicemembers Civil Relief Act

This federal law covers more than storage unit facilities. It enables military personnel to focus on their jobs by providing financial and legal protections. The SCRA may not warrant jail time but it does penalize companies and landlords who make it difficult for covered individuals to focus on military service.

SCRA violations can cost a storage company thousands of dollars. While big companies might not have a problem with the costs, smaller operators may be affected tremendously by these fees. If you own a small business and unwittingly violate the SCRA, you risk losing your business because of exorbitant legal fees.

However, SCRA protections only apply when clients are on active duty and 90 days after their service ends. These protections don’t last forever, so you need to be mindful of the timing.

Protection from Eviction

If the facility owner wants to enforce a storage lien, they must take a step back if the tenant is a service member. The SCRA prohibits storage operators from selling military members’ belongings for up to 90 days after the active service period is over.

They can only push through with the auction or throw away the content if they have a court order. Understandably, some owners may hesitate from securing one because of the costs and effort.

Key SCRA Storage Facility Rules

Storage liens usually help operators keep their business afloat while dealing with tenants who don’t pay on time. However, they must exercise caution when dealing with a service member.

First, you need a court order before you sell the contents of a military member’s storage unit. This protection applies while the service member is rendering active service. It extends to 90 days or 3 months after they finish their active service.

As mentioned, you can only commence evicting a service member if you’ve managed to secure a court order. You can apply for one by conferring with a lawyer. They can help you file a petition and go through the legal process the right way. Once you’ve paid your fees and obtained a court order, that’s when you can continue the eviction process.

Getting a court order can be time consuming and expensive. However, violating the SCRA can have expensive repercussions. As mentioned, these fees can cause long-term effects to small businesses.

The Consequences of Violating the SCRA

The amount a self-storage operator would have to pay depends on various factors. It’s not uncommon for self-storage operators to deal with multiple service members.

Violating these tenants’ SCRA rights can cost them tens of thousands of dollars. The first violation would have a smaller fee, while subsequent violations would have more expensive fees.

It should be highlighted that violating the SCRA won’t warrant jail time. While you may not have to spend time in legal custody, the financial consequences can be severe.

The Importance of Active Duty Status

If you’re dealing with a military tenant, determining their active status is vital. SCRA protections are only applicable during a person’s active duty period and a certain period after. For self-storage facilities, the protections apply 90 days after one’s active service period.

Hence, knowing how long SCRA protections apply is essential for self-storage facilities. Being legally forced to keep a tenant’s belongings even though they’re not paying on time can be costly for facilities. However, the consequences of violating the SCRA can be expensive.

Conclusion

Understanding SCRA storage facility rules can help both service members and operators avoid a lot of confusion and unnecessary costs. SCRACVs can help both parties obtain proof of military service at a timely manner. Check the service member’s active duty status by clicking here.

FAQs

Who is eligible for SCRA?

The SCRA is applicable mostly to military personnel on active duty. Select benefits apply to their dependents, including spouses.

Can service members get evicted from storage facilities?

Yes, but only if the operator gets a court order. You’re not allowed to evict a service member until 90 days after their active service period ends.

Can a storage facility sell a deployed servicemember’s belongings without permission?

They can only sell the military tenant’s belongings after securing a court order. Moreover, they would have to notify the military tenant of their intention to sell the contents of their unit.

How long after active duty does SCRA protection last for storage units?

The SCRA stipulates that storage liens protection applies until 90 days after one’s active service period is over. The operator can only bypass this waiting period if they have a court order.

What should storage facilities do if they can’t contact a military tenant?

They need to contact their emergency contacts or someone from their base. If they’re still hard to reach, the operator might have to get an affidavit that states they conducted due diligence to contact that person but were unsuccessful.

Are there any exceptions to SCRA rules for storage facilities?

SCRA rules only apply to non-payment of fees because of active service. Deliberate damage to a unit or storing illegal contents are legal grounds to commence eviction proceedings.

How can storage facilities verify if a tenant is protected under SCRA?

Storage facilities can use services like the SCRACVS to confirm a person’s active duty status. While they can seek assistance from the Defense Manpower Data Center, this may take more time.