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  • Form for giving up stored property .

    We have a self storage facility and have some folks that are severely behind in rent fees.

    We have contacted them and they said they would like to simply give us the items they have in storage to satisfy their debt, is there any legal form they can fill out to give us ownership of their property?

    Any thoughts would be appreciated

    -G

  • #2
    You can write it up yourself. Make sure letterhead is at the top along with address and # of facility.
    Date
    Something like- Blank space _____________________________tenant name, voluntarily gives up unit # ___________ with the knowledge that the facility owner, and or it's agents will dispose of unit in any manner they deem necessary.
    Now here, you can decide if you want to add-'__Self Storage agrees to waive all fees at this time and tenant will not go into collections."

    Then tenant signs and prints name, and manager signs and voila!

    Then they get a copy and you keep a copy.
    I was born to be wild, but only until about 9:00 pm.

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    • #3
      surrender and abandonment letter

      If is a fairly standard form for in the industry. If you are a member of your States SSA they should be able to provide you a template for free.

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      • #4
        Here is a copy of the form we use. You should run it by an attorney in your state to make sure it will comply with your laws.
        Attached Files

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        • #5
          The more legal the better to keep someone from "changing their mind" and saying they forgot a $5000 ring that was in there. You know, the usual excuses. If they do give up the units, you can then auction or sell as you please. You could even go thru and keep the good items, if any, and put in a different unit and sell as you want. Keep in mind, I think you are, that abandonment means you only get money back by how I just described instead of doing the lien process and getting some money at auction. You also incur the lien process expenses. If you need the units and can get them abandoned legally and within your comfort zone, do it.
          "Never let the inmates run the asylum!"

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          • #6
            Originally posted by 126whitetail View Post
            We have a self storage facility and have some folks that are severely behind in rent fees.

            We have contacted them and they said they would like to simply give us the items they have in storage to satisfy their debt, is there any legal form they can fill out to give us ownership of their property?

            Any thoughts would be appreciated

            -G
            I have one that Scott Zucker wrote up for us. If you would like a copy, please reach out to me via private message with your direct email. It is VERY good and we have used it for many years.

            I should mention that I am leaving for the day and I can get it to you on Monday. It is a settlement agreement.
            Stephanie Tharpe
            Senior VP of Operations
            A+ Storage of Tennessee, LLC
            Nashville, TN
            http://www.aplustorage.com
            615.288.2162

            TNSSA Board of Directors
            www.tnssa.net

            Comment


            • #7
              Originally posted by KrisinNC View Post
              You can write it up yourself. Make sure letterhead is at the top along with address and # of facility.
              Date
              Something like- Blank space _____________________________tenant name, voluntarily gives up unit # ___________ with the knowledge that the facility owner, and or it's agents will dispose of unit in any manner they deem necessary.
              Now here, you can decide if you want to add-'__Self Storage agrees to waive all fees at this time and tenant will not go into collections."

              Then tenant signs and prints name, and manager signs and voila!

              Then they get a copy and you keep a copy.
              Instead of saying give up "unit #" you may want to say "personal property located in unit number #". I think a statement that the tenant is the sole owner of the property stored in the unit is a good idea too.

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              • #8
                How do you know that all the items in the unit belonged to that tenant? What if a year from now, Joe Nobody comes looking for his suitcase of gold bars that he "stored in his buddy's storage unit"? Smells like a hassle.

                Shouldn't there be an abandonment clause in your original tenant agreement? I had one in my building and I plan to have one again.

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                • #9
                  Originally posted by Maine-iac View Post
                  How do you know that all the items in the unit belonged to that tenant? What if a year from now, Joe Nobody comes looking for his suitcase of gold bars that he "stored in his buddy's storage unit"? Smells like a hassle.

                  Shouldn't there be an abandonment clause in your original tenant agreement? I had one in my building and I plan to have one again.
                  That could be a problem if you allow multiple names on a lease. I allow one name only and that person is responsible for anything in that unit and the lease says that. Joe Nobody can complain to his buddy about the gold bars.
                  "Never let the inmates run the asylum!"

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                  • #10
                    Originally posted by pacnwstorage View Post

                    That could be a problem if you allow multiple names on a lease. I allow one name only and that person is responsible for anything in that unit and the lease says that. Joe Nobody can complain to his buddy about the gold bars.
                    Exactly......
                    Stephanie Tharpe
                    Senior VP of Operations
                    A+ Storage of Tennessee, LLC
                    Nashville, TN
                    http://www.aplustorage.com
                    615.288.2162

                    TNSSA Board of Directors
                    www.tnssa.net

                    Comment


                    • #11
                      Originally posted by pacnwstorage View Post

                      That could be a problem if you allow multiple names on a lease. I allow one name only and that person is responsible for anything in that unit and the lease says that. Joe Nobody can complain to his buddy about the gold bars.
                      Ditto!
                      Dave (Woodee) Scott

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                      • #12
                        Here's what the specifics are. The items stored are old junk aluminum boats, they might be worth $100 tops. Anyhow, they have no HINs (hull ID #). In order for me to file a lien on them NMState law requires that I send the 'registed owner' a lien notice. However without a HIN the local MVD can't look up the owner.

                        I contacted one of the persons that stored the boat and they said they didn't want it anymore. Although if I can't file a lien I am stuck with it.

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                        • #13
                          I'd have them come in in person to sign it, and verify id. My form includes 3rd-party indemnification, so the ex-boyfriend doesn't come along later and say it was his stuff. I also have an option to charge them a cleaning fee (even if it's estimated) because most people who abandon units realize the stuff inside is not only worthless but costs a ton in dump fees to get rid of.

                          And when talking to them beforehand, remind them that they NEED to sign for abandonment, so they don't just leave it and say they don't owe you money. I have an occupant with two units who tried that--claims to have abandoned one unit so thinks she doesn't owe and I shouldn't be able to lock her out of the other.

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