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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Ive rented a space at a local storage facility for my camper

Resolved Question:

I've rented a space at a local storage facility for my camper for the last 4 years. I was asked to come in and move to a new spot on Friday. After I moved I was told that since I now have an assigned spot I would need to sign an updated contract and by the way, the fees cost of the rental space was increasing. I signed the new agreement, which has the same legal verbiage as my old contract, "Armor Storage Vi reserves the right to change storage room rates with 30 days prior notice to customer".
The monthly fee is automatically charged to my credit card on the first of each month. I noticed today an additional fee was charged by Armor Storage for the $10.00 difference in the cost of the lot for May. They didn't give me the 30 day notice of increase as stated in the contract and even charged me the higher rate for the first 25 days of May prior to the notification of the rate increase.

What are my legal rights at this point? Do I have the right to term the new contract I signed on Friday without penalty since they violated the terms? Am I still required to give them the 10 days notice to term as stated in the contract?
Submitted: 4 years ago.
Category: Legal
Expert:  TexLaw replied 4 years ago.

The storage lot has violated the contract by causing an increase without providing the requisite notice. However, unless the contract specifically states that the failure to provide notice is a material breach, the storage lot's breach is not actually a material breach because it does not destroy the main purpose of the contract, which is the provision of a storage unit.

Only a material breach by one party will allow the other party to terminate the contract immediately without following the terms of the contract. As that is the case, if you want, you can terminate the contract by giving the 10 days notice as they stated. To recover the overpayment, you should send a written demand by certified mail return receipt requested, and state that they have breached the notice provision of the contract and caused you damages and if they don't return the money you state you will sue them in your local small claims court.

Please let me know if this answers your questions.

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