QUESTION: I have an outdoor storage lot as part of my self-storage facility. The lot is accessible via a padlock and key. How can I enforce my rights when a tenant in the outdoor storage is delinquent?

ANSWER: Vehicle storage, particularly outdoor vehicle storage, is a different business then self-storage. As I travel around this country and speak with many of you, I never cease to be amazed by how many of you treat outdoor vehicle storage just like your self-storage operation.

There is a big difference in outdoor storage; even if you do not have keys to the vehicle stored, outdoor storage is a bailment. While conventional self-storage occurs behind a closed door that is locked by the tenant, with the key controlled by the tenant, you know what is going on with the items in outdoor storage. You can see the vehicles and touch them; you know if one is missing, if one becomes damaged, or if one is leaking fluids. Thus, as we will discuss below, the answer to your question lies within your state laws and your rental agreement.

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