elf-storage is often described as “dead storage,” where seldom used personal property can be stored for an indefinite period of time. The expectation is that the property being stored does not include items readily in need by the person storing those items, nor are the items perceived as either dangerous or threatening. This last part is important, since there is tremendous risk in allowing just anything to be stored in a self-storage unit, especially one that has no climate control and may suffer excessive heat during the summer months.

In addition to the standard items that are prohibited to be stored, notably food or other perishables, it has become increasingly clear that operators 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 dangerous 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 significant 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 recommended that self-storage operators 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 customers about the risk of storing dangerous or hazardous materials in self-storage units. These notices and restrictions can be found not only in the facility’s rental agreement 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” provision might read as follows:

USE OF STORAGE SPACE:
Occupant agrees to use the Space only for the storage of property 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, regulation, 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, jewelry, 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 unnecessary 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 further 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 arising from the Occupant’s lease of the Space and use of the Facility or from any activity, work or thing done, permitted 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 batteries. 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, relating to use or distribution of marijuana. 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, especially if they have experienced any previous fires on their property. Operators may also want to reach out to their insurance provider for guidance 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 sufficient and a great reminder to tenants who may otherwise unintentionally store these items without consideration 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 prevent damage. It is on these pages where tenants should be reminded of the dangers of storing certain hazardous materials.

Finally, operators need to be diligent about talking with their customers 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 materials being left in rental units.