(1) From and after July 1, 1990, any operator offering storage spaces in a self-service storage facility for rent shall provide a written rental agreement which shall be executed by the operator and the lessee. The operator of a self-service storage facility shall provide a lessee with a copy of the rental agreement at the time of the rental by delivery at that time or as provided for in the rental agreement.
(2)  The rental agreement shall contain a conspicuous statement advising the lessee:
(a)  Of the existence of the operator’s lien;
(b)  That the property in the leased space may be sold to satisfy the lien if the lessee is in default;
(c)  That the personal property stored in a leased space will not be insured unless the lessee obtains insurance on his property;
(d)  Of the amount of any late fee and the conditions for imposing the fee; and
(e)  That all notices and correspondence may be sent as provided for in the rental agreement.

Terms Used In Idaho Code 55-2304

  • Default: means the failure by the lessee to perform, on time, any obligation or duty set forth in the rental agreement or the provisions of this chapter. See Idaho Code 55-2301
  • Leased space: means the individual storage space at the self-service storage facility that is or may be rented to a lessee pursuant to a rental agreement. See Idaho Code 55-2301
  • Lessee: means a person, sublessee, successor, or assignee entitled to the use of a leased space at a self-service storage facility under the terms of a rental agreement. See Idaho Code 55-2301
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Operator: means the owner, operator, lessor, or sublessor of a self-service storage facility or an agent or another person authorized to manage the facility or to receive rent from a lessee under a rental agreement. See Idaho Code 55-2301
  • Personal property: All property that is not real property.
  • Personal property: means those items placed within the leased space and includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft and household items and furnishings. See Idaho Code 55-2301
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Rental agreement: means a signed, written agreement or contract that establishes or modifies conditions or rules concerning the use and occupancy by a lessee of leased space at a self-service storage facility and includes any signed, written amendment to such an agreement. See Idaho Code 55-2301
  • Self-service storage facility: means any real property used for renting or leasing individual storage space in which the lessees themselves store and remove their own personal property on a "self-service" basis. See Idaho Code 55-2301
(3)  In the absence of a notice provision in the rental agreement, notices to the lessee pursuant to section 55-2306, Idaho Code, shall be sent by certified mail. The absence of a notice provision in the rental agreement does not affect the validity of the rental agreement or the operator’s lien.
(4)  The rental agreement shall contain a provision requiring the lessee to disclose any lienholders or secured parties who have an interest in property that is stored in the leased space.
(5)  If the rental agreement specifies a limit on the value of personal property that the lessee may store in the leased space, the limit must be deemed to be the maximum value of the personal property in the leased space and the maximum liability on the part of the operator to the lessee for any loss of or damage to the personal property. Nothing in this section shall be deemed to create any liability on the part of the operator to the lessee for any loss of or damage to the lessee’s personal property, regardless of cause.
(6)  All notices sent as provided for in the rental agreement or by certified mail shall be constructive and conclusive notice under the rental agreement and this chapter.
(7)  A reasonable late fee may be imposed and collected by an operator for each period that a lessee does not pay rent, fees, or other charges when due under the rental agreement, if the amount of the late fee and the conditions for imposing the fee are stated in the rental agreement. A late fee of twenty dollars ($20.00) or twenty percent (20%) of the monthly rent, whichever is greater, is a reasonable fee and will not be considered a penalty.
(8)  Nothing in this chapter shall be construed in any manner as impairing or affecting the right of parties to create additional rights, duties, and obligations in and by virtue of a rental agreement. In addition to the rights and remedies set forth in this chapter, the operator has the same rights and remedies available to a creditor or landlord under Idaho law.