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Thread: Living in unit

  1. #1
    sherryb23456 is offline Junior Member
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    Default Living in unit

    We have several customers who are living in their units. Even though we tell them the units cannot be used for this purpose we still have a select few who push the rules to the max. Have any of you ever had that problem and what is your procedure for dealing with it? I am evicting one of the tenants and have also incooperated it in the rules and regulations part of the contract. Anyone caught living in their unit will be evicted without notice.

  2. #2
    palmettostorageFC is offline Senior Member
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    Default Re: Living in unit

    Hi, Sherryb23456 -

    Personally, I've not had to deal w/ this problem. I suspect that's due to the fact that I have a gentleman who opens/closes my front gate as we're not a 24-hr facility & he cks my lot to make sure it's clear befor closing. However, I was told by a sister-store mgr a while back, that they had found someone living in a unit.

    First - Both our lease and the NC LAWS most clearly prohibit living in units. I would verify that this is the case where you are and to see if your lease covers this issue.

    There is a potential liability issue - especially if your units don't have elec (as ours didn't) and the squatter decides he needs light and uses candles - or is a smoker! If you're in cold country - what about heat? Then there's the logistical issue of "rest room" needs, food in units, etc - I'm sure you've consider these and other concerns.

    Second - If the answer is "yes" on both counts, then I, too, (as did our sister-store mgr) would give a SINGLE verbal and immediate written strong warning that a repeat offense WILL result in IMMEDIATE eviction of that tenant (in fact, do it with all of the tenants in question, not just the 1). If a letter can't be mailed because they don't have an address, I'd still present a written warning and have them sign the doc acknowledging the warning/consequences; original to them copy to file. In some locations, a warning may be necessary followed by action, while in others no warning may be required and a manager can move the person out then and there. Check what applies to your location.

    Third - If you the answer is "no" to either lease/law question OR your are simply unsure how to properly handle the matter (especially the eviction), check with your facility owner or an attorney for the proper legal way to enforce the eviction. It may be as simple as calling the police to stand by to insure there's no problems or it may require and actual court filing/hearing!

    I hope your tenant isn't a "problem" person but just someone who's found themselves temp in a bad situation and they can be reasoned with w/o too much heartache.

    Good luck.

  3. #3
    MamaDuke's Avatar
    MamaDuke is offline Moderator
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    Default Re: Living in unit

    When I first started here, I immediately found someone that had been living in her unit for nearly a year and the previous manager was oblivious. I brought it to his attention (I started as the assistant) and he immediately evicted her.

    I make it clear at every rental that it's forbidden and they will be evicted immediately if found. I pay close attention, so it hasn't happened since.

    The hard part will be if you evict them and they refuse to leave. However, you can call the authorities to have them removed for trespassing after hours. At least that will take care of the overnight hours.
    MamaDuke

    The art of life is to know how to enjoy a little and to endure very much.

  4. #4
    Tom Litton is offline Senior Member
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    Default Re: Living in unit

    Believe it or not, you can be held liable if you don't evict or manage this problem. I testified in a case in California where the manager knew that homeless people were living in their spaces. She was soft hearted and decided to look the other way. One of the homeless tenants allowed a candle to roll under a locked unit. The entire building went up in flames. Three of the tenants sued the facility for negligent supervision, negligence, etc. They lost.....

    The moral of the story, Don't sit on this problem. How would you feel if your unit burned up and then the facility told you that insurance was your responsibility when they knowingly allowed homeless to live in units?

  5. #5
    StorLyon is offline Senior Member
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    Default Re: Living in unit

    What's faster and a better deterrent than eviction for failure to follow your facility's rules? A call to the cops for breaking state law. Eviction's not off the table of course if that doesn't do the trick.

  6. #6
    Crystle408 is offline Senior Member
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    Default Re: Living in unit

    I had the same problem when I took over and I just evicted ALL of them. Problem solved. In you evicition letter tell them if they are not out you will triple their rent

  7. #7
    palmettostorageFC is offline Senior Member
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    Default Re: Living in unit

    Quote Originally Posted by Crystle408 View Post
    I had the same problem when I took over and I just evicted ALL of them. Problem solved. In you evicition letter tell them if they are not out you will triple their rent
    So let me ask you this: What would you do if they agree to the higher rent and pay it!? Seems to me that eviction should be absolute, if that's your goal.

  8. #8
    Crystle408 is offline Senior Member
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    Default Re: Living in unit

    In most cases people that are living int heir unit's can't afford a place to live or a motel for that matter. The eviction letter still stands they have 30 days or less to be gone. Telling them that the rent rate triples doesn't mean you are allowing them to stay all it's saying is that if they are not out by that date the rent rate triples and they are locked out of the facility and their unit.

 

 
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