Not legal advice. This guide explains general principles. Have a lawyer review your lease, consent screens and record-keeping before relying on them.

Two laws, one idea

Two legal frameworks govern most electronic signatures in the United States. Both rest on the same basic idea: being electronic is not, by itself, a reason to reject a contract.

The federal ESIGN Act

The Electronic Signatures in Global and National Commerce Act is federal law, codified at 15 U.S.C. § 7001 and following sections. It applies to transactions in or affecting interstate or foreign commerce.[1]

Its general rule says a signature, contract or record cannot be denied legal effect solely because it is electronic.[1] A contract also cannot be denied effect solely because an electronic signature or record was used to form it.[1]

UETA

The Uniform Electronic Transactions Act is a model law prepared by the Uniform Law Commission.[2] States adopt it, sometimes with changes, as their own law. The commission tracks state enactments on its website.[2]

Because states may modify UETA, check how your state enacted it. This guide makes no claim about any one state's version.

Self storage tenants are usually consumers. That matters because ESIGN adds a consent process in one situation. It applies when another law requires information to be provided to a consumer in writing.[1]

In that situation, an electronic record satisfies the writing requirement only if several conditions are met.[1]

1. Affirmative consent

The consumer must have affirmatively consented to electronic records and not withdrawn that consent.[1] A pre-ticked box is a weak way to show affirmative consent.

2. Disclosures before consent

Before consenting, the consumer must receive a clear and conspicuous statement covering four points.[1]

  • Any right or option to receive the record on paper, and the right to withdraw consent, with any conditions, consequences or fees of withdrawal.
  • Whether consent covers only this transaction or identified categories of records during the relationship.
  • How to withdraw consent and how to update electronic contact information.
  • How to get a paper copy after consenting, and whether a fee applies.

3. Hardware and software, and a demonstration

Before consenting, the consumer must also receive a statement of the hardware and software needed to access and keep the records.[1]

The consumer must then consent, or confirm consent, electronically in a way that reasonably demonstrates they can access the information in that form.[1] A common approach is to show the disclosure in the same format as the lease, such as a PDF. Then ask the tenant to confirm they can open it.

4. Changes later

If hardware or software requirements later change in a way that creates a material risk the consumer cannot access records, more steps apply. The consumer must get a statement of the new requirements and the right to withdraw without fees or undisclosed conditions.[1] The demonstration step must then be repeated.[1]

Keeping records

ESIGN also addresses record retention. Some laws require a contract or record to be in writing. There, an electronic version may be denied legal effect if it cannot be retained and accurately reproduced.[1] That applies to all parties entitled to keep it.[1]

In practice, that means two things for a self storage operator.

  • Give the tenant a copy they can keep, such as a PDF by email or a download from the tenant portal.
  • Keep your own copy in a form that cannot be quietly changed, with the signing record attached.

A useful signing record, often called an audit trail, includes the signer's name, email, time stamps, IP address and the document version signed. Ask your e-signature provider what theirs captures.

What belongs in the online lease

The online lease should be the same agreement you would use at the counter. Some clauses deserve extra visibility on screen, because tenants skim.

  • Rent, fees and due dates.
  • Late fees and the delinquency process, including lien rights.
  • How notices will be sent, and to which contact details.
  • Any alternate contact the tenant names.
  • Insurance or protection plan requirements.
  • Prohibited items and access rules.
  • How rent changes are communicated.

Some states set specific lease terms for self storage, such as required notices about lien sales. Check your state's lien statute with your lawyer. See delinquency and lien notice automation for how the lease connects to later notices.

Online lease flow checklist

Use this checklist to review your flow. Walk through it on a phone as a new tenant would.

  1. Consent screen appears before the lease. It is separate from the signature step.
  2. Consent box is unticked by default. The tenant must act to agree.
  3. Paper option is stated. The screen says how to get paper copies and any fee.
  4. Withdrawal is explained. The screen says how to withdraw consent and what follows.
  5. Scope is stated. It says whether consent covers just the lease or future notices too.
  6. Contact updates are explained. The tenant knows how to change email or phone.
  7. Technical requirements are listed. For example, a current browser and a PDF viewer.
  8. Access is demonstrated. The tenant opens a document in the same format and confirms.
  9. Full lease is viewable before signing. No hidden pages or scroll traps.
  10. Key terms are highlighted or initialled. Fees, lien rights and notice methods.
  11. Signature intent is clear. The button says what it does, such as "Sign lease".
  12. Tenant receives a copy. Sent automatically after signing.
  13. Audit trail is stored. Linked to the tenant record in your management software.
  14. Template version is recorded. You can tell which lease version each tenant signed.
  15. Lawyer has reviewed. Both the lease text and the consent screens.

How it fits the move-in

The lease step sits between unit selection and payment in a contactless move-in. Placing consent first means the lease, receipts and later notices can all be electronic.

Payment authorization is a separate legal question. If you offer recurring bank debits, see autopay enrollment for the authorization rules.

Common gaps in online lease flows

Reviews of online lease flows often turn up the same gaps. Check for each one in your own flow.

  • Consent buried in the lease. The ESIGN disclosures sit inside the lease text instead of before it.
  • No paper option stated. The flow never says whether the tenant can get paper copies.
  • No copy sent. The tenant signs but receives only a confirmation, not the lease itself.
  • Lost audit trail. The signing record stays with the e-signature service and never reaches the tenant file.
  • Old templates still live. A previous lease version remains active on one facility's flow.
  • Mobile layout problems. Key terms or the signature button are hard to reach on a small screen.

Re-run the checklist whenever you change your lease, your software or your e-signature provider.

Frequently asked questions

Is a typed name a valid electronic signature?

Often, yes, but it depends on the flow. Clear intent to sign and a reliable signing record both help. Ask your lawyer about your flow.

Do I always need the ESIGN consumer consent steps?

They apply when another law requires information to be given to a consumer in writing. Many operators include them anyway, because lien and other notices may be covered.

Can a tenant ask for a paper lease?

Your disclosures must state any right to paper copies. Have a process ready to provide one.

Does UETA replace ESIGN?

They work alongside each other. How they interact in your state is a question for your lawyer.

Which e-signature provider should I use?

We do not recommend vendors. Compare audit trail detail, record retention and integration with your management software.

Sources

  1. 15 U.S. Code § 7001, General rule of validity (ESIGN Act), Legal Information Institute, Cornell Law School (accessed October 24, 2026)
  2. Electronic Transactions Act, Uniform Law Commission (accessed October 24, 2026)
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