Storage Bldg. Rental Laws

[Jerrett]

Thanks for the reply.  I just gave you a perfect rating!  In answer to your question: YES, the auction with her NAME AND STORAGE UNIT NUMBER was advertised specifically in the paper! Then it was not included in the auction.  When he allowed me to preview the unit the day before, he said "OH WELL,I AM COVERED HERE!" I also know that he keeps other renter's possessions when they can't pay the rent because he showed me two of his own units that same day and told me that it was stuff he kept from former renters.  

But now, there is only one lock on the unit. It seems that since the time of the auction, she has either paid the rent or perhaps he has moved the contents elsewhere.  Would you advise the same quiet title lawsuit?  You are absolutely a lifesaver!

A million thanks, Heather

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Followup To

- Hi there! I am so happy to find you!  My brother had a long relationship with a woman but was never married to her.  When they broke up, my brother left and found another place.  She refused to give him(or even compromise) ANY of the furniture, etc. they acquired together over the 4 year course of their relationship.  Unable to pay the rent by herself, the landlady finally told her to vacate.  She moved in with a sibling.

We just found out that ALL the furniture, etc. is located in a large storage bldg.and she is 3 months behind on the rent. An auction to buy the contents of her rental unit was advertised in the local paper.  Posing as a potential buyer, I went to the owner of the rental units the day before and asked to see what would be auctioned.  When he lifted the door on her unit, he saw that there were valuable antiques, etc.and I suspected then that he intended to keep what was inside for himself.  I attended the auction the next day and of course, this unit was not included in the auction.  I asked him about it and he said he was giving the renter "more time"

My question is this: Since the unit was advertised in the paper to be auctioned, did the owner have a legal responsibility to follow through OR does he have the right to keep the contents himself?  

My brother does not have any receipts and only wants what is his own personal property.  Thank you so much for any advice!  I look forward to hearing from you.  Heather

[Norris]

- Well first of all, you have no evidence that this fellow intends to keep these items, and theoretically, he cannot, it would be considered theft.

Secondly, it depends on whether that particular storage unit which contains your brothers items was advertised, or whether the ad simply read "Storage Unit Auction" or something along those lines.  If the article was specific about which content's units would be auctioned off, then yes, he would have to follow through.

I would suggest that your brother file a lawsuit to quiet title to this property, naming both his ex and the unit owner as defendants.  He does not necessarily need receipts if he has witnesses such as yourself who can testify that the items you claim are his are truly his.

Good Luck

[Lonn]

Heather,

Well, when you're talking about suing to get the property back and suing for false advertising based on the storage manager's advertisement, you are talking about two different things.

When a person puts an ad in a newspaper offering something for sale and is specific on what they're selling and who is selling it, etc, they may technically be sued for false advertising if they do not follow through.

In cases where one person is holding property that another claims belongs to them, that's an entirely different matter.  The person who claims to own the property(your brother) would have to file a lawsuit naming both his ex(the person who is claiming ownership) AND the storage manager(the person who has actual possession of the property).  I don't think a lawsuit to "quiet title" is the appropriate name, as that suit is only used with regards to real estate, but the idea is the same.  Someone is holding property that you claim is yours, you file a lawsuit against those people so that a judge can determine who the rightful owner is.  

The first step would probably be filing a Temporary Restraining Order against the ex(to keep her from moving it) and the storage owner(to keep him from selling it).  Judges routinely grant those to folks in cases where the property is in danger of being moved or sold.  I would suggest paying an attorney a few dollars, or going in and filing a small claims action in your local court.  I'm not in your state so obviously i'm not sure where the court is, but i suggest you call your local court and talk to the clerk, tell them your situation, as see if you can sue them there...

Good Luck