2013 South Carolina Code of Laws
Title 39 - Trade and Commerce
CHAPTER 20 - SELF-SERVICE STORAGE FACILITIES
SECTION 39-20-40. Requirement of written rental agreement.

If an owner complies with the requirements of this code section and Section 39-20-45, he may enforce the lien without judicial intervention. An owner shall obtain from the occupant a written rental agreement which must include the following language with bold type where indicated:

This agreement, made and entered into this ___ day of__________, 19___, by and between __________, the owner and __________, the occupant, whose last known address is __________. For the consideration provided for in this agreement, the owner agrees to let the occupant use and occupy a space in the self-service storage facility, known as __________, located in the City of __________, State of South Carolina, and more particularly described as follows: Building #___ Space #___, Size ___. The space is to be occupied and used for the purposes specified in this agreement and subject to the conditions set forth for a period of __________, beginning on the ___ day of __________, 19___, and continuing month to month until terminated.

"Space", as used in this agreement, means that part of the self-service storage facility as described above. The occupant agrees to pay the owner, as payment for the use of the space and improvements on the space, the monthly sum of $__________. Monthly installments are payable in advance on or before the first of each month, in the amount of $__________, and a like amount of each month after that, until the termination of this agreement.

If any monthly installment is not paid by the fifteenth of the month due, or if any check given in payment is dishonored, occupant is considered to be in default.

Occupant further agrees to pay the sum of one month's fees, which must be used as a clean-up and maintenance fund, and is to be used, if required, for the repair of any damage done to the space and to clean up the space at the termination of the agreement. In the event that the space is left in a good state of repair, and in a broom-swept condition, then this amount must be refunded to the occupant. It is agreed to between the parties that the owner may set off any claims it may have against the occupant from this fund.

The space named in this agreement is to be used by the occupant solely for the purpose of storing any personal property belonging to the occupant. The occupant agrees not to store any explosives or any highly inflammable goods or any other goods in the space which would cause danger to the space. The occupant agrees that the property will not be used for any unlawful purposes and the occupant agrees not to commit waste, nor alter, nor affix signs on the space, and will keep the space in good condition during the term of this agreement.

UPON DEFAULT BY THE OCCUPANT THE OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE FOR RENT, LABOR, OR OTHER CHARGES IN RELATION TO THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS FIFTY-DAY PERIOD AFTER DEFAULT. IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE FIFTEENTH OF THE MONTH DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED, THE OCCUPANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE.

For purposes of owner's lien: "personal property" means movable property, not affixed to land and includes, but is not limited to, goods, merchandise, and household items; "last known address" means that address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address. The owner's lien attaches as of the date the occupant is considered in default.

OWNER DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT THE OCCUPANT'S PERSONAL PROPERTY FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE CASUALTY LOSS. IT IS THE OCCUPANT'S RESPONSIBILITY TO PROVIDE SUCH INSURANCE.

HISTORY: 1986 Act No. 460, Section 1, eff 30 days after approval by the Governor (Approved June 2, 1986).