I have a tenant that is in jail, can I proceed for auction?

PC
Las Vegas

Oh my... you have a troubling situation on your hands. What happened to the contract? Did you lose it or wasn't one created and signed?

I would be talking with the staff member that allowed the tenant to move in without a lease. This would surely come up on their next employee review.

Have you been able to contact the tenant?

I am interested in hearing what Mr Greenberger says about this?

__________________
Michael T. Bishop
StorageLand - Management and Consulting Services
www.storageland.com
sales@storageland.com
208-919-0771 (Local)
877-630-0075 (Toll Free)

If I were a moderator I would move this to the legal area as this is a legal mater.

If they have no contract wouldn't that be considered trespassing? Do you have security gates? If so I would consider locking out the code.

Have you been collecting rent on this unit -- if so that will complicate things.

Good luck with this one.

__________________
Wayne
All American Self Storage
Palmdale, CA.
webmaster@all-americanselfstorage.com

As a question of law, you could inquire on weather or not he did indeed pay rent for the unit. If he did, it could be argued that he has taken responsibility for that space and because of his actions, is working as if he did sign the contract. In the meantime, it could also be argued that since he did NOT sign a lease and that he has not (or may have not) paid rent, the items within the unit could be declared abandonded and you could place an overlock on the unit and look to place the items into auction.

We ran across the same thing when we took over managing from a guy who had not been doing his job. We found 16 units with no contracts! We decided to try sending contracts to those we had addresses on and lo and behold we eventually got back 14. The other 2 took some work but we finally got addresses and sent contracts and got them back too. We sent a form letter with the contracts saying we were updating our records. One of our contracts was filled in only as the name "The Emperor of Mexio" and it was in Spanish!! Boy what a headache! But we kept at it and finally got everything in order.

__________________
David & Pam

Thanks for your input.

Wanted to say I got a new contract signed by the tenant!

WOO HOO --- good for you!!! Always good when things work out.

__________________
Wayne
All American Self Storage
Palmdale, CA.
webmaster@all-americanselfstorage.com