Probably have myself in a mess on this one. In Aug 1997 we rented to an elderly lady. At some point she has passed away. In a computer switch we started using her husbands name since he was paying & "took over" responsibility. The husband had a severe stroke-- very little speaking ability. So due to communication problems we never had him sign the new paper work.

He has been hit & miss on paying. But in July quit paying all together. Sometimes when I would call he would deny having a storage unit or saying he didn't want the storage unit. Other times he would say he would pay all on the 3rd of the month. Again - hard to tell because of his speech.

Tried contacting some family members, but no help there. I debated about doing a lien sale or filing in court for eviction.

I filed for eviction figuring the "said family members" that I contacted and couldn't help would probably come out of the woodwork for a lien sale with the aunt being dead. And figured I could be in the wrong?

We go to court tomorrow. My guess is he won't show up. And if he does will the judge be able to understand him or think he is competent?

Wow Julie, that is a tough one. Please let us know what happens in court today!!

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MusicCity Gal

This will be very interesting to see the results.

I do agree with how you have handled it.

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Wayne
All American Self Storage
Palmdale, CA.


All arguments can be resolved ... with high explosives and Humor!!!

He did not show up. Ordered to vacate by 3/2 Noon. Will be notified by the court certified mail. Final hearing for rent & damages set for 4/27.
One of the nieces I contacted did express interest in the items.

In most cases if they haven't removed the items by the date ordered out. I hold them until the final hearing. Have had some people so thrilled that I still have their "stuff" that they pay up and move it out!

Think there is still some doubt on this one.

Wow, that is a tough one. My guess is that all will be forgotten and everything will be fine after the eviction. You could still face liability from surviving relatives for not following your state's probate statutes when the original renter died, and "turning over" the unit.

I'm going through a situation now where the sister took over the unit by filling out all the proper probate code paperwork. The sister lied under penalty of perjury that she was the sole heir. In my state, we are shielded from liability in these situations if we turn over the unit to someone that claims to be the only rightful heir and it later turns out that they are not. They, however, can be sued by the rightful heirs. We got a call from the husband who knew nothing about it. But all the forms were proper on our end so he is going after the person that signed the declaration. I have other cases going through the probate courts right now where the relatives are fighting each other. So these cases usually go easy or hard but rarely anything in-between.

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The views expressed on this posting are not necessarily the views of anyone, including me. Nothing in this message should be construed as advice to anyone, nor should it give the impression that I actually know what I'm talking about.

And it gets better-- or worse! The elderly man received his notice from court stating he had to remove his items by March 2. He went to the Local Veterans assistance office and a very nice lady called me. She wants to help him clear out the unit and has encouraged him to settle up with me (he owes $500).

She explained to him that a judgment could harm his status for assistance on his apartment. I called the family members and they are willing to work with her and help pay- if Uncle George lets them get the stuff they want!

Someone should have power of attorney for this man or he should be in the court system- think they call it adult protective services. Where someone is appointed to take care of his matters.

I did explain to the family member and also the lady from Veteran's office that I need something in writing from Uncle George regarding the family or volunteers clearing out the unit. I also told them I would deduct the $80 in late fees. Probably should request paper work regarding the estate.

And on a side note-- I will be in Vegas at the ISS World Expo. I encouraged them to come on Friday when I am back.

The best thing to do in these cases is contact Social Services or Family Services. Tell them the story and let them work it out with family court. Works fine and fairly fast.