[LEGAL] What Does Climate Control Actually Mean?

November 13, 2024

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A storage operator handling a complex rental agreement that defines climate control for the tenant.
6 min

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For any consumer, specifics matter. If your friend invites you over to watch a movie, at some point movie preferences will come up (us older folks will remember going out to see movies in a “movie theater”). And that it makes sense to double-check the details, given that a movie can mean anything from The Santa Claus to Friday the 13th. You don’t want to show up expecting to see Tim Allen ham it up only to watch a hockey-masked terror stalk a group of unsuspecting teens.

Okay, maybe we’re still showing our age with the references, but here’s the point: people want to know what they’re getting, and when you’re buying something you definitely want what you’ve been sold.

Which makes climate control a bit of a complicated legal issue.

We’ve gone in-depth before on what exactly is meant by climate control in our industry. But today we’re exploring the legal side of selling a climate-controlled storage unit, and how to solve for your customers’ expectations in light of those legal implications.

Because we’ve got a bit of a shocker for you, and it’s worth taking the time to unpack.

From a legal point of view, ANYTHING can be climate control.

If your initial reaction had something to do with the fact that even if that were true, you wouldn’t just sell a non-climate unit as a climate unit, well...you’re on the right track. Let’s get to the bottom of this together.

What is the Legal Definition of Climate Control?

We like to lean on the experts when it comes to legal matters–which is why we had a chat with Scott Zucker (Weissmann Zucker Euster + Katz, P.C.) for advice on the legal side of the self storage industry. On the topic of climate-controlled storage units, Scott had this to say:

“There is no definition of the term ‘climate control’ by law.”

Confusing, if nothing else. The term’s been used so frequently in our industry that surely we’d have something on the books, right?

We can’t speculate exactly on why there aren’t legal definitions available, but from a practical perspective, there are still legal obligations at play. If you’re selling a climate-controlled storage unit to a customer, you still legally have to provide what you’ve promised.

Which is where clarity and intent come into play in a big way.

It’s true that industry standards get settled and established eventually–and there may come a point where our self storage associations determine, across the board, what we all want to refer to as climate control versus temperature control. As of right now, though, it’s ultimately up to YOU to define what climate control means when dealing with your business.

Specifically, your rental agreement and website should clearly define what your climate-controlled storage units are and aren’t.

This distinction is especially necessary when we consider the varying range of climates you can find self storage in. A climate-controlled storage unit in a consistently cold area may only have heating, while one found in New Mexico might only have air-conditioning. 

But in both cases, it would be accurate to call that storage unit climate-controlled. It’s a matter of outlining why you’re calling it climate control in your rental agreement.

As Scott puts it, “Whatever you define as climate control in your rental agreement…is what your customer would be entitled to rely on…”

Whatever you define as climate control in your rental agreement is what your customer would be entitled to rely on.

In this context, selling a climate-controlled unit is about transparency and communication with your tenant. What you’re legally obligated to provide is whatever’s outlined in your rental agreement.

It’s also important to note that climate control marketing might accidentally come across to potential renters as a guarantee of protection when the reality is often different. We can mitigate the climate–but can we really ever control it? 

Scott advises that your rental agreement can outline that renting climate control is not a warranty or guarantee–power failures can happen, for example. Whether or not you intend to compensate your tenants in that case is up to you–but more importantly, you’re legally responsible only for what you agreed to with your tenants in your rental agreement.

Now, we want to make this part perfectly clear:

Even if climate control can mean what we want it to, we still need to take care of our tenants!

You need to meet their expectations and take care of their belongings.

How Do Your Customers Define Climate Control?

While it’s true that some customers come to us uninformed about what they’re buying, research suggests that consumers are generally more informed than ever. 

According to Saint-Gobain, 68% of U.S. consumers think they’re better equipped than consumers five years ago to get relevant information about what they’re buying.

Which shouldn’t surprise us. If the term “climate-controlled storage” shows up in a potential renter’s search, they can find a quick definition in their browser in seconds. Most likely, your website offers a definition of the climate-controlled units you’re selling. It might frame these units less in terms of what they do mechanically and more in terms of what problem they solve: keeping their temperature-sensitive or humidity-sensitive items safe from damage while stored.

In fact, that’s the reason anyone chooses climate control at all.

But when it comes to your rental agreement, having a conversation about the specifics is the best way to avoid legal trouble or dissatisfied customers later. We’re aiming to avoid both, after all!

To put it plainly, customers think climate control protects their belongings from heat, cold, mold, and/or mildew damage.

Your challenge, after clearly defining what climate control means for your business and customers, is to help potential renters see whether or not their expectations line up with the product you’re selling.

Informing Your Customers

It’s worth mentioning that even with differing definitions of climate control floating around, we should all be on the same page about one thing: we don’t want to sell a potential customer something that doesn't fit their needs. That kind of business practice comes back to bite us, especially with how important Google Reviews are for our business.

Even if climate control can mean what we want it to, we still need to take care of our tenants!

We want to align what our storage units do–and what we say they do–with our customer’s expectations.

And informing our customers is the key.

We’ve outlined before what the important terms are when talking about climate control. But as a quick refresh, customers might expect that your climate-controlled storage units regulate the temperature AND humidity inside the unit, whenever either is appropriate.

People generally search for climate-controlled storage when looking for temperature or humidity control, though, so using the term climate-control on your website isn’t necessarily misleading. It just means that during the sales and rental process, it’s up to you or your manager to make sure the customer’s needs are known and met–or that they’re well-informed if you don’t have what they need. 

During the sales process, asking in a non-intrusive way if the tenant needs storage for items that commonly need temperature or humidity control is a good way to get that conversation started. Regulating the temperature alone does reduce the chance of mold and mildew anyway–but this is highly dependent on the area you live in. Your potential renter may be informed about ideal humidity levels, or may need to lean on your expertise.

Answering these needs covers all of the other questions that a potential renter might have brought you. Are your climate-controlled units safe for important documents? Well, if they keep the temperature within a range where paper wouldn’t warp and moisture in a range where mold and mildew aren’t likely, then yes. Is wooden furniture safe here? That’s reliant on the temperature range–does your climate-controlled unit keep its interior within that range?

By informing your customer of what your climate-controlled units actually do, you’ll cut down on confusion. And once you’ve established an expectation in your customer that matches what you’re outlining in your rental agreement, everyone’s getting what they expected.

Then we’ve got no reason for a legal dispute!

Conclusion

Legally, climate control is what we define in our rental agreements–that’s what we’re obligated to provide for our customers. The pressure’s on us to be clear and concise–not just for legal reasons, but to make sure that the storage features our customers want meets what we’re offering.

If you haven’t updated your rental agreement to clearly outline what your climate-controlled storage units do, now’s the time! And make sure your team can clearly explain the benefits of your climate-controlled self storage units, as well as the items that might need them.

Looking for more legal resources? Have a look at our legal spotlight blogs:

Gabfocus Spotlight: What’s the most common legal mistake that operators make?

Self Storage Legal Update June 2024 - Pricing Transparency

Keep Track & Watch Your Back with Our Self Storage Unit Abandonment Form

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