[RPPTL Leasing Committee] Use of Commercial Condominium Unit for Storage

[RPPTL Real Estate Leasing Committee]

Did the owner of the masks have exclusive control and possession of the space?

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Tuesday, September 8, 2020 10:36 AM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: [RPPTL Leasing Committee] Use of Commercial Condominium Unit for Storage

Team:

I have a commercial landlord who allowed an entity to store masks in one of their commercial condo units on a temporary basis.  The client did not charge a fee for the storage.  Client required only the execution of an indemnification.  The owner of the entity has MIA or otherwise unresponsive.  Our client has a potential tenant for the space and needs the 30 palettes of boxes removed.  No good deed ...

Since no rent was exchanged, does a landlord/tenant relationship exist?

The unit is not real property designed and used for the purpose of renting or leasing individual storage space so I do not believe the Self-Storage Facility Act applies.  Anyone disagree?

If neither the Self-Storage Facility Act or Non-Residential Landlord/Tenant Act apply, can client just dispose of the masks as they see fit?  They want to donate them to the county.

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Carlos R. Arias
Board Certified Condominium & Planned Development Attorney

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