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Old 07-17-2008, 09:50 AM
4AMinis's Avatar
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Location: Burien, Wa.
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Unhappy No signed lease??

I had a tenant that had a unit with us. He called and needed to downsize, so I moved him into another unit smaller. He never came in to sign the lease on the new unit. He is now a couple months behind. He just sent me a invoice back and wrote a wonderful little now on it, stating he has no more interest in the unit and please dispose of his belongings and he will not pay us no more money. What actions can I take if I have no signed lease? The unit he transferred out of had a signed lease. Feedback would be great please!!!
Oh and I have tried to reach him multiple times via phone and no response yet.
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Old 07-18-2008, 08:16 AM
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Default Stepped in the Trap

A4Minis:

And the moral of the story is “No Good Deed Goes Unpunished”. A4Minis, you were clearly trying to just help your customer, but have gotten caught in the classic trap. Allowing them to be in a different unit without a signed lease gives you virtually no options in my opinion. Please keep in mind I am not an attorney.

The other problem that it sounds like you created for yourself and your business is that you “moved” him into the smaller unit. If you actually meant that you physically moved the customer’s belongings from one unit to another, you have lost the traditional “Care Custody and Control” separation that we enjoy as the basis for the self storage business. What is to stop that customer, despite what he is now saying about abandoning the unit, when he confronts you with the question – What did you do with my $1,000 table saw or ________________ (fill in the blank) priceless family heirloom when you moved my stuff? When I managed a portfolio of 35 self storage stores, a few lifetimes ago, touching or helping a customer move their things into or out of a unit – even from one unit to another – was grounds for immediate termination because of the legal exposurre it created.

If on the other hand all you did has “move” him in the computer to another unit, he technically is still in the other unit.

Don’t let Jeff Greenberger see this comment, but if he did have a signed lease on the initial unit, and that unit is still available, despite what I just said since the potential damage and exposure has already occurred, I would move his things back into the original unit and proceed with the process of a lien sale. Assuming that your gate system indicates that he has never been back to the facility, he would have a difficult time proving that you had actually moved his belongings. Sounds like the customer has no interest in what is left so going through the lien and auction process should give you relief.

Best of luck.

MisterJim444
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Old 07-18-2008, 09:29 AM
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My wife tries to do that at times - I always jump in the middle and make her do the paperwork BEFORE the move.

Sometimes she is too customer friendly!

Hope this one works out for you!
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Old 07-18-2008, 11:25 AM
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Default

Thank you everyone for your responses. I had recieved a signed notice from him while he was out of town asking me to open (add another unit) for him to his account. So in the computer I added another unit to his account so he could downsize. I physically did not touch his items myself. Once he arrived back in town he moved his items and notified me by phone that he is out of the larger unit. I then told him he needed to come sign the lease, but to no avail. He did make payment on the new smaller unit for some time. Then I recieved the notice signed by him to dispose of his things and he is not paying another dime. I have started a lien process hoping that will rouse him to call me so we can work something out.
Hope this clears up the scenario some!! Any other suggestions??!!


Thanks!!!
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Old 07-18-2008, 02:49 PM
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With that signed statement I would not wait another day - dump the crap and rent both units -- but don't forget to send his balance to collections!!
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Old 07-25-2008, 09:17 AM
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Default Abandonment

I would mail a abandonment form back to him right away and explain that he must sign this form and return within 5 days or charges will occur until such time as you sell this unit, and it will harm his credit. Abandonment can sure make the process less complicated for you both.
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