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  1. #1
    Join Date
    Mar 2017
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    2

    Default What Notice Must a Self-Storage Facility Provide for a Rent Increase

    My question involves landlord-tenant law in the State of: Georgia. Compass Self Storage in Acworth Ga. has been raising my rates every 3-4 months for the past year and a half. I started out paying $75 in 2012 and now paying $92 with a notification to start paying $101 starting April 1st.
    The notification is dated March 2, I didn't get it until March 10th.
    Is this legal, can they just keep raising the rate indefinitely and can they just only give 30 days notice? I've no contract and've been paying month to month for at least 2 years. Can anyone tell me how long of a notification they must give in advance? I'm really tired of these constant rate Increases.

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Self Storage Rate Increase Timely Notification

    Is this legal, can they just keep raising the rate indefinitely and can they just only give 30 days notice? I've no contract and've been paying month to month for at least 2 years. Can anyone tell me how long of a notification they must give in advance?
    Here's the GA Self Storage Facilities statute:

    http://law.justia.com/codes/georgia/...r-4/article-5/

    There is nothing in there that prohibits the owner from doing exactly what he is doing so, yes, it's all legal.

    I'm really tired of these constant rate Increases.
    Then your option is to find another place to store your stuff or see if you can get a 6 month or 1 year contract at a better rate.

  3. #3
    Join Date
    Mar 2017
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    2

    Default Re: Self Storage Rate Increase Timely Notification

    AdjusterJack, thank you for such a timely reply. Also is there a set amount of time they must legally give me, if it's say 30 days, can they just give me say just 28 days and still be legal?

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Self Storage Rate Increase Timely Notification

    There is nothing in the law that says they have to give any notice at all so it would be legal to tell you the rate increase the day you come in to pay.

    I don't imagine any business would do that. It would lose customers left and right.

    All I can suggest is that you see if you can find a better deal someplace else.

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: What Notice Must a Self-Storage Facility Provide for a Rent Increase

    The Georgia Self-Service Storage Facility Act provides self-storage facilities with an additional remedy under Georgia law, and imposes some requirements for a written contract, but does not otherwise modify the duties and remedies that apply to non-residential tenancies in the State of Georgia. Georgia has no statute that expressly describes the notice that must be given before a rent increase, but there is case law indicating that on a month-to-month tenancy the notice must be the same as that which would be required to terminate the tenancy. See, e.g., Alexander v. Steining, 197 Ga.App. 328, 398 S.E.2d 390 (1990) ("[A] unilateral notice of rental increase sent to the tenant by the landlord would, in effect, constitute notice of the termination of the [existing] tenancy and, after termination was effected, a new tenancy at will at the higher rate [of rent] would be commenced... as a landlord must give 60 days' notice to terminate a tenancy at will. (OCGA § 44-7-7), the notice would not become effective to terminate the old tenancy at will and to commence the new tenancy, at the increased rental rate, until the 60-day notice period had expired."); Dismuke v. Abbott, 505 SE 2d 58 (treating a rental agreement for storage, albeit not a self-service storage facitity as described in the aforementioned Act, as being subject to OCGA Sec. 44-7-7).
    Quote Quoting OCGA Sec. 10-4-214
    ... Nothing in this article shall be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this article shall be in addition to all other rights allowed by law to a creditor against his debtor."
    Quote Quoting OCGA Sec. 44-7-7. Tenancy at will -- Notice required for termination
    Sixty days' notice from the landlord or 30 days' notice from the tenant is necessary to terminate a tenancy at will.
    If your contract with the storage facility is for a fixed term, with a fixed rent during that term, then the issue of a rent increase is something that would arise at the end of the term. If you rent on a month-to-month basis, then you have an argument that standard landlord-tenant law applies, and under the authority listed above that the tenancy can be terminated (and thus modified) on sixty days notice. OCGA Sec. 44-7-7. However, as there is no clear, black-and-white authority on the issue, you can anticipate that it will be difficult to convince them that they gave you insufficient notice.

    Realistically speaking you're between a rock and a hard place. For example, they could respond to your objection to the notice for the $9 rent increase by offering not to charge the increased rent until May, but they could also respond by giving you notice to terminate your tenancy -- placing you into the position of having to move all of your stuff to a different location or facility.

    If your long-term plan is to continue to use this facility, you should consider asking whether you can enter into a longer-term storage contract that will freeze your rent in place for its term, or provide for a specific schedule and amounts for rent increases over the duration of its term. If you prefer to continue on a short-term or month-to-month basis, you need to consider that you are in a relatively weak bargaining position.

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