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Minnesota law on self storage late fees


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#1 Assignor

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Posted 27 December 2012 - 04:56 PM

I can't seem to find appropriate references to late fees on self storage in Minnesota. The self storage statute doesn't reference it.
Also looking to see if landlord-tenant laws affect self storage rental treating long term month-to-month tenancies as meeting long term lease provisions they do residential rentals.

Specific situation is a long term self-storage which parent company of the location rented has been absorbed twice by bigger companies. In recent couple years a huge late fee as of latest notice amounting to over 20% of the then current rental is imposed on the 6th day. that would be equivalent of over 250% interest in a state that limits landlord late fees to a maximum of 8%. Likewise I find limitations on other contract late charges much smaller. They also have noticed even bigger lien fees applied later in a delinquent month and larger yet sale fees if auctioned.

I'm told this parent company has lost a number of cases in other states, but I can't find anything in Minnesota. thanks for help.

#2 adjusterjack

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Posted 27 December 2012 - 07:43 PM

I can't seem to find appropriate references to late fees on self storage in Minnesota. The self storage statute doesn't reference it.


You're right, it doesn't.

The MN self storage statutes are 514.970 through 514.979.

https://www.revisor....tatutes/?id=514

It would appear that late fees are not prohibited in the self storage statute.


Also looking to see if landlord-tenant laws affect self storage rental treating long term month-to-month tenancies as meeting long term lease provisions they do residential rentals.


No, they don't.

The late fee limitation in the MN landlord tenant statute 504B.177 applies to "a landlord of a residential building."

https://www.revisor....es/?id=504B.177

It's of no help to you.

Specific situation is a long term self-storage which parent company of the location rented has been absorbed twice by bigger companies. In recent couple years a huge late fee as of latest notice amounting to over 20% of the then current rental is imposed on the 6th day. that would be equivalent of over 250% interest in a state that limits landlord late fees to a maximum of 8%.


Again, landlord late fee limits apply to residential tenancies only.

I'm told this parent company has lost a number of cases in other states, but I can't find anything in Minnesota. thanks for help.


I also have not found any MN case law regarding self-storage late fees. But that doesn't mean that there might not be any. Google searches for case law are limited in results.

You would need to hire a lawyer to do the research for you. Lawyers have paid subscriptions to case law search facilities.

As for the cases in other states, MN is not bound to follow those opinions but it's possible that a MN court could reach the same conclusion based on similar facts but there's no way to predict how that would go or how much it would cost you in litigation expenses to get there.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





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