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Can I Just Lien Sale Him?

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  • Can I Just Lien Sale Him?

    We decided to get rid of a problem customer, but he hasn't shown up for either of two scheduled appointments to remove his property. His brief history includes late payments, his employees fighting with one other on premises, denying responsibility for his problems and threatening to hire an attorney. He isn't worth the hassle. I'd gladly let him get his stuff and go, but no-showing two appointments indicate that he just wants to screw with us.

    With a similar customer such as this, would you be comfortable refusing any further interaction with him and proceeding to a lien sale?

  • #2
    If he is past due then by all means lien sale him. If he does pay do a termination of lease assuming your lease has a section discussing that.

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    • #3
      If you have legally notified him and as long as you do not accept payment..........send to lien sale or at least ask the facility attorney what you should do.
      "Never let the inmates run the asylum!"

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      • #4
        Would anyone mind sharing their termination language in your agreements? I need to tighten ours up a bit, and want to see what you're using before I send a draft to our attorney. Thanks!

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        • #5
          Did you have the customer sign a notice to vacate form that states he will vacate by XX date and have some verbiage on that form or an accompanying signed rental agreement stating items left after indicated move-out date will be disposed of? If they signed something like this, either toss his stuff if it's junk, or sell it as a non-lien/manager's special on Storage Treasures.

          If he isn't late enough on rent with all required notice of defaults, or pre-lien and lien letters (depending on your state) sent out, then you can't lien sale him until all the legal requirements are fulfilled.

          A lack of planning on your part does not constitute an emergency on mine.

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          • #6
            Originally posted by tomokc View Post
            Would anyone mind sharing their termination language in your agreements? I need to tighten ours up a bit, and want to see what you're using before I send a draft to our attorney. Thanks!
            *Be sure to check you states requirements for such terminations, but here in WA we can do either a 10 day or if the situation is serious, an immediate termination.

            TERMINATION OF AGREEMENT: Either Occupant or Owner may terminate this Agreement at the end of any rental period by giving the other ten (10) days written notice before the rent due date.........Owner may terminate this Agreement immediately upon any default under the terms of this Agreement. ( You should then reference your lease for the rules section regarding Owners right to terminate or change access hours to protect the property and/or safety of others and themselves- you mentioned fighting on site, that definitely qualifies as a violation of the rules.) I would give him the 10 day notice stating when his rental will end, clearly stating items not removed by that time become your property, then restrict his access for the remaining days. Do not accept further payments. If his lock is still on the unit on day 11 then cut it and toss his crap into the dumpster and bill him for it. Document EVERYTHING.
            Last edited by wc1974; 5th August 2019, 06:06 PM.
            You Laugh, I laugh. You cry, I cry. You take my coffee...may God have mercy on your soul....

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            • #7
              Thanks, WC!

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              • #8
                If he is behind in rent and is far enough along to start the lien process, go ahead and do that. Otherwise you have to terminate his lease. Have you officially terminated his lease? Meaning, has he been given something from you stating he has until a certain date to vacate or "X" will happen? If you haven't, you need to. Hand it to him personally, email it, mail it certified, all three to make him understand you mean business. Once you have done that, do not accept payment from him that would extend his rent beyond that. Your notice should include language stating what will happen if he doesn't vacate. Mine states if they leave anything behind in the unit, I can dispose of it any way I see fit. It also states if they don't vacate, I can have them trespassed from the property should they show up again.
                Too many freaks, not enough circuses.

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                • #9
                  Wed prefer that he simply pay his fees, get his stuff and go, but he has no-showed two appointments for a supervised move-out, and hes intentionally wasting our time. Which is why Im not interested in further interaction with him, and want to simply lien sale him. (NOTE: Apostrophes seem not to be working this morning. Hmmm.)

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                  • #10
                    The only way to get him out is to just terminate his lease. Usually it's a 30-day notice and that's how long he has to vacate. It's up to you if you want to restrict his access more than what's currently allowed. Liening him doesn't guarantee he'll leave because he is allowed to pay any past due rent. Your only alternative is to give him a lease termination notice that states he needs to be out by a specific date. If he isn't, you dispose of whatever is in the unit. You notice should also state he may be trespassed if he comes to the facility AFTER that date. Once you terminate him, you stop taking any rent from him. IF you send him a lien notice for past due rent, when he comes in to pay, you have to take it. BUT, you can hand him a termination notice at that time.
                    Too many freaks, not enough circuses.

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                    • #11
                      Originally posted by DairyGirl View Post
                      Your only alternative is to give him a lease termination notice that states he needs to be out by a specific date. If he isn't, you dispose of whatever is in the unit. You notice should also state he may be trespassed if he comes to the facility AFTER that date.
                      This varies by state. Many require a legal court eviction if you don't get them to vacate with a lease termination. Anyone in this situation should check with an attorney before just disposing of the contents.
                      MamaDuke

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                      • #12
                        Originally posted by MamaDuke View Post

                        This varies by state. Many require a legal court eviction if you don't get them to vacate with a lease termination. Anyone in this situation should check with an attorney before just disposing of the contents.
                        This was my concern. I'm assuming he would need a formal eviction with the court, otherwise any facility could get rid of your stuff and claim they sent all the proper paperwork. Just to CYA, I would go through the normal lien process and sell him that way so I don't have to deal with the court stuff.
                        A lack of planning on your part does not constitute an emergency on mine.

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                        • #13
                          You can not just lien sale his unit.
                          Liens are implemented when the tenant stops paying the rent for a specific amount of time.

                          if this particular tenant is current on his rent and has been a no call/no show to 2 previous scheduled clean out appointments, it does seem to me that your only course of action now is termination.
                          Terminate his lease agreement.
                          The only other thing that you can do now at this point, is to stop taking any future payments.
                          Do not accept any form of payment from him for his next month's rent.
                          If you accept online payments, hopefully, you have the capability to turn his off.
                          Notate his account!
                          Make sure NO ONE takes any future payments.
                          If you send any correspondence via snail mail about terminating his lease, make sure to make a copy of this letter for his file AND make a copy and tape it to the unit's door.

                          Good luck and please keep us posted.

                          Don't put off until tomorrow, what you can do today.

                          Comment


                          • #14
                            Originally posted by lady5563 View Post
                            You can not just lien sale his unit.
                            Liens are implemented when the tenant stops paying the rent for a specific amount of time.

                            if this particular tenant is current on his rent and has been a no call/no show to 2 previous scheduled clean out appointments, it does seem to me that your only course of action now is termination.
                            Terminate his lease agreement.
                            The only other thing that you can do now at this point, is to stop taking any future payments.
                            Do not accept any form of payment from him for his next month's rent.
                            If you accept online payments, hopefully, you have the capability to turn his off.
                            Notate his account!
                            Make sure NO ONE takes any future payments.
                            If you send any correspondence via snail mail about terminating his lease, make sure to make a copy of this letter for his file AND make a copy and tape it to the unit's door.

                            Good luck and please keep us posted.
                            "Make sure NO ONE takes any future payments". OMG-this! If you have a relief manager or new employee impress upon them the IMPORTANCE of not accepting money from this schmoe.
                            When I had all of my ducks in a row-I realized that most of them were not even mine!

                            WA State

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