Renter Default and Eviction Policy
A Renter will be considered in ‘default’ under the following circumstances.
- The Renter has failed to pay any fees when due.
- The Renter has failed to vacate the Space by the end of their agreed upon rental period.
- The Renter has failed to comply with any provision of the Terms of Service, this rental agreement, or any supplemental rules provided by the Owner.
- The Renter has violated health, safety or criminal laws on the Owner’ property, regardless of whether arrest or conviction has occurred.
If a Renter is considered to be in ‘default’ they can be subject to an ‘eviction with cause’ per the terms outlined in the Eviction Policy.
An Owner may request the removal of the Renter’s Items from their owned space (i.e. “evict” the Renter) at any time in cases of Renter ‘default’ (outlined in the ‘Renter Default’ policy) or has violated the Terms of Service in any way. This will be considered an ‘eviction with cause.’ The Owner will not be charged any penalty and the Renter will forfeit all charges paid.
If Renter is in ‘default’ and subject to a “no-cause eviction,” the Owner may exercise one or more of the following remedies.
- Deny Renter access to the Space or Renter’s property until default is cured including all additional fees accrued while the Goods were in the Owner’s possession.
- Contact XS Spaces for support with eviction, at which point XS Spaces will arrange for the transfer of Goods into the care of XS Spaces. The Goods will then no longer be under the care of the Owner. XS Spaces will hold the Goods and may exercise all of the same options described in this section until the lien is considered satisfied. XS Spaces may enforce lien by seizure and sale of all Goods by nonjudicial foreclosure under the Owner’s local and state codes. Seizure and sale will only be for default in paying sums due. XS Spaces may accept partial payments but only payments in full, including applicable fees, will stop a lien sale.
An Owner may request the Renter who is not in ‘default’ or has violated any of the Terms of Service (i.e. a renter in ‘good-standing’) vacate their space prior to the agreed upon rental end date. If this is the case and the Owner gives the Renter less than two (2) weeks notice, this will be considered a ‘no-cause’ eviction. The Owner will be charged an eviction fee equivalent to six (6) weeks of the listed rate of the Owner’s Space and will provide a good faith effort to let the Renter retrieve all of their items.