TITLE 55

PROPERTY IN GENERAL

CHAPTER 23

SELF-SERVICE STORAGE FACILITIES

55-2304.  Rental agreement. (1) From and after July 1, 1990, any operator offering storage spaces in a self-service storage facility for rent shall provide a written rental agreement which shall be executed by the operator and the lessee. The operator of a self-service storage facility shall provide a lessee with a copy of the rental agreement at the time of the rental by delivery at that time or as provided for in the rental agreement.

(2)  The rental agreement shall contain a conspicuous statement advising the lessee:

(a)  Of the existence of the operator’s lien;

(b)  That the property in the leased space may be sold to satisfy the lien if the lessee is in default;

(c)  That the personal property stored in a leased space will not be insured unless the lessee obtains insurance on his property;

(d)  Of the amount of any late fee and the conditions for imposing the fee; and

(e)  That all notices and correspondence may be sent as provided for in the rental agreement.

(3)  In the absence of a notice provision in the rental agreement, notices to the lessee pursuant to section 55-2306, Idaho Code, shall be sent by certified mail. The absence of a notice provision in the rental agreement does not affect the validity of the rental agreement or the operator’s lien.

(4)  The rental agreement shall contain a provision requiring the lessee to disclose any lienholders or secured parties who have an interest in property that is stored in the leased space.

(5)  If the rental agreement specifies a limit on the value of personal property that the lessee may store in the leased space, the limit must be deemed to be the maximum value of the personal property in the leased space and the maximum liability on the part of the operator to the lessee for any loss of or damage to the personal property. Nothing in this section shall be deemed to create any liability on the part of the operator to the lessee for any loss of or damage to the lessee’s personal property, regardless of cause.

(6)  All notices sent as provided for in the rental agreement or by certified mail shall be constructive and conclusive notice under the rental agreement and this chapter.

(7)  A reasonable late fee may be imposed and collected by an operator for each period that a lessee does not pay rent, fees, or other charges when due under the rental agreement, if the amount of the late fee and the conditions for imposing the fee are stated in the rental agreement. A late fee of twenty dollars ($20.00) or twenty percent (20%) of the monthly rent, whichever is greater, is a reasonable fee and will not be considered a penalty.

(8)  Nothing in this chapter shall be construed in any manner as impairing or affecting the right of parties to create additional rights, duties, and obligations in and by virtue of a rental agreement. In addition to the rights and remedies set forth in this chapter, the operator has the same rights and remedies available to a creditor or landlord under Idaho law.

History:

[55-2304, added 1990, ch. 381, sec. 1, p. 1056; am. 2020, ch. 144, sec. 2, p. 444.]