TSSA Rental Agreement Addendum For Delivery Access And Release of Liability

The purpose of this form is to enable a facility owner to have a clear agreement with a tenant who wants the facility owner to allow delivery people access to the tenant’s unit. Owners who provide this type of service to the tenant (give keys to UPS, etc.) run the liability risk that a tenant can accuse the owner of theft, disappearance, etc.

This form enables the owner to have a clear understanding with the tenant as to exactly who the owner is authorized to let into the unit, and, moreover, provides liability protection for the owner.

When to Use
Facilities should use this form any time a tenant requests a facility manager to allow UPS or other delivery people access to a unit. Many facility owners do not provide this service, due to time constraints on their manager or the potential liability involved. However, other facility owners find that this is a valuable incentive for tenants who rent at their property and choose to provide this service.

Tips for Use
It is worth taking the time with the tenant to sit down and go over this addendum. Make sure the tenant understands that you will only provide access to the people or companies listed in paragraph 4 of the addendum. This is for the tenant’s protection as well as yours—you don’t want anyone not authorized by the tenant to enter the unit.

Paragraph 5 of this Addendum states that the assistance you will give a tenant in providing access to authorized persons will consist only of allowing them to check out a key and return it to the manager. The sole responsibility for closing the door, locking the unit, and returning the key is on the person who checks out the key. TSSA Legal Counsel recommends that you follow this procedure strictly and that you do not walk the UPS person (or whomever is making the delivery or pickup) to the unit and open the unit for them. It would be best to involve yourself minimally in the unlocking and locking process to lessen the potential for accusations that the manager or other facility employee had a part in a “disappearance” of items in the unit.

It is also recommended that you check the identification of an individual or company representative requesting access to a unit pursuant to this type of agreement. The last paragraph of the addendum states that you “may” but are not “required to” check IDs, but it is always prudent. Last, if the tenant is a business, make sure that whoever signs this addendum has authority to act on behalf of that business, and make sure that the signature line makes clear that the person signing is signing on behalf of a business. For example, it could read “Bob Smith, Authorized Agent of XYZ Corporation.”