30 Dec, 2019
When a Tornado Damages Your Self-Storage Unit, are Your Rights Blown Away?

Written by Cleve Clinton

With a client list full of families navigating business and generational transitions, Fortune 500 companies and risk-taking mavericks who won’t take “no” for an answer, Cleve Clinton knows what it takes to develop creative solutions when big ideas result in big problems. Whether he’s serving as lead counsel in one of the growing number of fiduciary litigation claims within family businesses, advising a family in transition, or helping a developer sidestep a legal and public relations disaster in a new residential community, Cleve’s focus is always the same – understand and achieve the client’s goals, either in or out of the courtroom. His clients span nearly every industry, including beverage distribution, real estate, manufacturing, telecommunications and transportation. Many lawyers claim they can strike the perfect balance between legal strategy and a client’s practical goals, but Cleve demonstrates it every day. After 40 years of litigation practice, Cleve has learned one absolute truth – there’s no one-size-fits-all solution. His starting point with every client is to fully understand their motivations and concerns so he can mirror their judgment. When the initial legal answer won’t solve the problem or is too costly, he seeks practical solutions that reveal new legal paths that minimize both the financial and emotional impact. And most important – if it’s not simple, it’s not the best solution. Always putting his clients’ interests first, Cleve explores every resource available to ensure each case is in the right hands. It’s often as simple as making an introduction to another lawyer in the firm who can take the lead and achieve the ideal outcome. When a deal or controversy has a lot of moving parts and requires a multi-disciplinary approach, Cleve assembles a team of lawyers and other professionals with the perfectly-matched skill set – tax, employment, real estate, construction, regulatory plus more – and then quarterbacks strategic planning and tactical execution every step of the way. Cleve is dedicated to keeping clients informed about the latest legal and industry trends that impact their businesses. As a regular contributor on the firm’s blog, Tilting the Scales, he focuses on analyzing new and interesting business issues from a legal perspective.

Originally posted in Tilting The Scales.

This fall’s Dallas tornado was especially vexing to Winn Blohn who stored many personal belongings in Sasha Stach’s Stach-a-Lot Self Storage unit. Sasha denied access to all the units for weeks. Can Sasha do that?

Legally

Yes. While the words “lease,” “license,” “rental agreement,” “contract” and “rent” are sometimes used interchangeably, a lease and a license are quite distinct under the law.

Simply put, a lease is a contract that conveys an exclusive possessory leasehold interest in real property. In a lease, a landlord gives the tenant the exclusive right to possess the property and, in some fashion, both parties agree to share the risk of damages, as from a tornado. Even more, Texas has codified many of the tenant’s rights even if they are not in the lease agreement. The related legal issues involving leases were addressed in the TiltingTheScales tornado blog six years ago.

On the other hand, a license…

Practically

Winn had a contract, not a lease. The stark contrast between an expected landlord-tenant relationship and…

And, then there’s the rent. If you’ve read my partner Bill Drabble’s article on price gouging law in Texas…

Tilting the Scales in Your Favor

Remember – A license is not a lease. If you choose to sign a self storage agreement, know that your legal rights against the owner. In the event of a natural disaster, like a tornado, consider how quickly you may need access to the storage unit, the value of the contents and if you have sufficient insurance for the contents.

SOURCE: Story by Cleve Clinton THUMBNAIL: By Ben Klea