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Thread: Auction with unsigned lease?

  1. #1
    KeriBee is offline Junior Member
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    Question Auction with unsigned lease?

    I have a tenant that is about quite a few months behind and we were going to begin the lien process until I found that the leases for all of his units were not signed by the tenant. We sent a letter asking him to come in and sign the leases, but I found the notices marked as "Notice Left" when I tracked them on the usps website. I called him and got him on his home phone and was told that he had several heart attacks and recently had surgery to implant a pacemaker which is why he had not be in contact with us. He said that as soon as he was cleared by his doctor to drive, which would be a week or two at most, he would come in and sign the paperwork and talk about getting caught up. I'm being told to give him 1 week to come in to sign the papers and pay in full or we would start lien proceedings - no payment arrangements.

    I have an idea in my head of how this should play out which does not coincide with my general manager's thoughts, so I would really like some feedback as to what you feel the legalities of this situation is.

    I have dealt with auctions before, but never any unsigned and I'm looking to see if anyone has run into this before.

  2. #2
    RichardandBeverly's Avatar
    RichardandBeverly is offline Senior Member
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    Default Re: Auction with unsigned lease?

    If you are in Texas, you cannot auction the unit. You must hold it for 6 months, then declare it abandoned, then you can auction it.
    Richard and Beverly
    Park Inn Storage
    Odessa Texas

  3. #3
    MZC&D is offline Senior Member
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    Default Re: Auction with unsigned lease?

    In my opinon if they do not have a lease then they are not bound by the rules in the lease and neither are you. But again that is my opinion I would ask your attorney to cya.

  4. #4
    MZC&D is offline Senior Member
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    Default Re: Auction with unsigned lease?

    But then on the other hand if he is really going to pay then that solves everything. But I understand you have to do what you are told by the boss.

  5. #5
    RichardandBeverly's Avatar
    RichardandBeverly is offline Senior Member
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    Default Re: Auction with unsigned lease?

    MZC&D, If there is no signed lease, in Texas, it is considered a verbal lease. And certain protocols have to be followed. I would check with your Self Storage Association, or a lawyer before doing anything.
    Richard and Beverly
    Park Inn Storage
    Odessa Texas

  6. #6
    A-team is offline Senior Member
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    Default Re: Auction with unsigned lease?

    This is another example of the need to tell us what state you are in. In general, without a signature, you don't have a lease. How you managed to not get a signature on any of the leases is beyond me. I believe that you can mail him new leases that become effective after thirty days. If that is the case, you will probably have to start your leinsale process over again. CA does not allow verbal contracts on storage units.

  7. #7
    SMSSId's Avatar
    SMSSId is offline Senior Member
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    Default Re: Auction with unsigned lease?

    I would be very careful with this one. Just because you don’t have a copy of the lease does not necessarily mean the tenant does not have a copy.

    Just a suggestion, send the tenant a new lease, with a new rental rate and give the tenant 30 days or whatever your contract requires for a change in policy. Prepare a letter stating the new rental policies, rent rate and the new signed rental agreement MUST be returned in XX days OR all contents will be considered abandoned and disposed of per rental agreement. Send it certified, signature required

    Review your states self storage lien laws before you do anything. All state are not the same.
    Best of luck
    Gina6k, dakselfstorage and StoRich like this.

  8. #8
    KeriBee is offline Junior Member
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    Default Re: Auction with unsigned lease?

    I'm in Massachusetts and you are right... how the lease did not get signed is beyond me. My predecessor was here when this occurred.. I do have copies of the lease, but it is signed by the old manager and not the tenant.

 

 
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