Lease Violation Update

TSSA is pleased to update our members on the status of our efforts to stop the use of your lease agreements and forms by facilities that are not TSSA members. Although a TSSA/TMSA lease is completely invalid and voidable at the tenant’s option when used by a non-member, it’s certainly happening out there. To date, we’ve investigated possible unlawful lease use in the following Texas cities (see below). Although not all investigations have resulted in the discovery of unlawful use of TSSA/TMSA materials, many have.

TSSA Forms Are Copyrighted!

Copyright liability. The TSSA/TMSA lease and other Goldbook© forms are copyrighted under the federal copyright statute. Under the statute, if someone reproduces or copies a copyrighted form without being authorized, he is subject to significant liabilities. He may be sued for damages for: (1) actual damages; (2) civil penalties of up to $50,000 per violation; and (3) attorneys fees.

Rental agreement voidable. Additionally, the TSSA/TMSA rental agreement is voidable at the tenant’s option if the facility owner or management company using the TSSA lease is not a TSSA member on the date of signing the rental agreement. If the TSSA member lets his membership lapse, any TSSA lease signed while he was a member remains valid; but any lease signed after membership lapses is voidable at the option of the tenant. That means the tenant can no longer be held liable for rent if the tenant decides to void the lease.

Vigorous enforcement. The TSSA Board of Directors will vigorously enforce any copyright violations by non-members or by former members who have let their membership lapse, or by current members unlawfully reproducing the official TSSA forms. If necessary, TSSA will file lawsuits to recover actual damages, civil penalties of up to $50,000, and attorneys fees.