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  • Vacating the Resident Managers Apartment

    As some of you may know, we were terminated yesterday, August 10, 2009.

    In the notice they gave us there was a line which stated the 'company apartment must be vacated no later than August 15th 2009'.

    When we were in Houston, we signed an agreement that said we would vacate the apartment within 3 days of termination.

    When we moved to Arlington in June 2009, they didn't ask us to sign such an agreement until about a week ago. At the time they presented us with several documents they wanted us to sign, one also said we had read and understood the Employee Manual. We asked to see the Manual - as we had been told in Houston the Manual available should not be used for matter of resolution, but a new Manual was in the works. They never presented one. So, we never signed an agreement on the leasing or occupancy of the apartment.

    I have done searches seeking help, but I was wondering if any of you have had experiences with this and would be willing to offer advise.

    It appears to me, they can not make me move out on the 15th if I am not ready and it also appears they can not just change the locks or in any way hinder my access to what at this moment is my only source of shelter. Can they throw me/us out? Can they change the locks? I know they can make us move and I know that we are going to be moving. I just don't think it is going to happen by Friday as we don't have anyplace to move or go at the moment.

    Your help is greatly appreciated.

    thanks,
    Troy
    just looking for our 'forever place' ..

    http://selfstoragemgrteam.webs.com/

  • #2
    As is usually the case, I would suggest you get immediate legal assistance in this matter. While they do have the right to have you move, each state and sometimes city has specific laws relating to eviction and it appears this is what they are trying to do. It is so unfortunate that people who are resident managers not only lose their jobs but their residence as well.

    You could try negotiating with them, I have offered managers a big bonus if they leave by a certain date, less if they take longer. Sometimes the money is sufficient to have the managers move and get settled into a new place.

    Good luck and remember we are thinking of you and praying for the best.
    Mel Holsinger, President
    Professional Self Storage Management, LLC
    3434 E. Kleindale Ste. E
    Tucson, AZ 85716
    O: 520.320.9135
    F: 520.320.9435
    www.proselfstorage.com

    Comment


    • #3
      I'm no expert, but I did work in property management for a couple of years here in California....and the eviction process is lengthy! It can take anywhere from 6 months to a year!
      Have you ever stopped to think and forgotten to start again?

      Comment


      • #4
        Mel's right; get a lawyer immediately. On the surface, it would seem the answer to your key question - can they just toss you out - would be no. Anyone who has ever evicted a tenant from a rental property knows you can't do that in a day's time; the law won't allow it. However, please contact an attorney as there may be differences between standard home/apartment rental laws and rules governing an on-site residence.

        Comment


        • #5
          Troy, like Reebee, I've seen people stand their ground and take their time here in CA. However, it may be best to fax over a note stating that while you have every intention of vacating as soon as humanly possible, that you will need X number of days to make the necessary arrangements. Be reasonable in your time line, give yourselves enough time and then make sure you meet your own deadline.

          Understand that any delay could reflect unfavorably in any future position as well, so it's best to make best effort, even if you didn't agree to anything in writing. I know it's easier to say this than it is to implement, but with the right attitude and outlook you can make it happen. Heck, with the stuff you went through at the last location, we all know you can do darned near anything (even unreasonable) when you set your mind to it.

          Anyone who makes 'reasonable effort' and is up front about it in writing, will be favorably viewed should there ever come a need for court involvement. That said, concentrate on packing up and getting away from that stress as fast as possible. Don't let the noise distract you from the good things ahead of you.

          I wish we were all closer so we could help out. I'd bet with all the knowledge in this forum, we'd collectively make one heck of a packing, moving and storing team. Good luck and do your best to get away asap. Your mental health and physical responses from the stress will drastically improve once you're away from there.
          Gina 6k
          twitter.com/GinaSixKudo
          VM: Four-Oh-Eight- Seven-Eight-Oh-Eight-Oh-Seven-Nine
          [email protected]



          You only live once, but if you do it right, once is enough!
          I am not an attorney, just an experienced manager who is willing to share what I have learned. Your thoughts, practices or opinions may vary and neither of us may be right.

          Comment


          • #6
            Oh Troy I am so sorry. I just rented storage to a great apartment manager. 2 large apartment complexes here and also regional manager for the company. She was terminated yesterday first day back from vacation. They normally give 10 days to vacate residence but are "kindly" giving them until the end of month.

            I don't have any advice for you-- but wanted you to know I am sorry. Julie

            Comment


            • #7
              Troy,

              I would suggest that you seek the advice of an attorney in this situation.

              In the past my resident managers were able to reside in the on-site apartment as a condition of their employment. We didn't charge/deduct a fee for their rent or utilities. Once we terminated their employment they were responsible for vacating the apartment. Though we would give them a couple of days to vacate.

              Michael

              Comment


              • #8
                I know this does not help now, but maybe in the future.

                We have a clause in our contract that no mater whose decision it is - we have 30 days to vacate the residence!

                This takes a lot of pressure off (if ever needed) as we know we have time to find a solution.


                I hope you guys find a better situation SOON!!!
                Wayne
                Jamestown, ND


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

                Comment


                • #9
                  When we terminate a manager, he is usually given a week to vacate, sometimes more under special circumstances.

                  Comment


                  • #10
                    Workingcouples.com

                    Originally posted by centexguyz View Post
                    As some of you may know, we were terminated yesterday, August 10, 2009.

                    In the notice they gave us there was a line which stated the 'company apartment must be vacated no later than August 15th 2009'.

                    When we were in Houston, we signed an agreement that said we would vacate the apartment within 3 days of termination.

                    When we moved to Arlington in June 2009, they didn't ask us to sign such an agreement until about a week ago. At the time they presented us with several documents they wanted us to sign, one also said we had read and understood the Employee Manual. We asked to see the Manual - as we had been told in Houston the Manual available should not be used for matter of resolution, but a new Manual was in the works. They never presented one. So, we never signed an agreement on the leasing or occupancy of the apartment.

                    I have done searches seeking help, but I was wondering if any of you have had experiences with this and would be willing to offer advise.

                    It appears to me, they can not make me move out on the 15th if I am not ready and it also appears they can not just change the locks or in any way hinder my access to what at this moment is my only source of shelter. Can they throw me/us out? Can they change the locks? I know they can make us move and I know that we are going to be moving. I just don't think it is going to happen by Friday as we don't have anyplace to move or go at the moment.

                    Your help is greatly appreciated.

                    thanks,
                    Troy
                    WorkingCouples.com - The Single Largest Source of Jobs-for-Two Anywhere!

                    Troy, This is every onsite resident managers nightmare, being terminated and asked to leave quickly.... I agree with the others, seek legal counsel immediately.

                    Also, you may want to check out the above website, they send me daily emails with positions open around the country.

                    Good luck to you, we are all pulling for you!

                    Jamie
                    Poway Garden Rd Self Storage
                    Poway, CA
                    Jamie Ming

                    Comment


                    • #11
                      Sorry, but here's my advice-

                      I would make a call to the Sheriff/Police for advice and the policy for your community. They will be helpful in explaining their procedures. Good luck with the next chapter in your life.
                      Pam & Duane

                      Comment


                      • #12
                        Eviction

                        Originally posted by centexguyz View Post

                        It appears to me, they can not make me move out on the 15th if I am not ready and it also appears they can not just change the locks or in any way hinder my access to what at this moment is my only source of shelter. Can they throw me/us out? Can they change the locks? I know they can make us move and I know that we are going to be moving. I just don't think it is going to happen by Friday as we don't have anyplace to move or go at the moment.
                        Take this for what it's worth as your mileage may vary in the state of Texas, but this is generally how it works in the great state of Kalifornia:

                        Generally, one is served with a 3 day pay rent or quit and a 30 day notice. Since the apartment is a condition of employment, they can jump right in with the eviction process. They can also, in most circumstances, pass the costs of the eviction to you. For that reason alone, it's in your best interest to vamos as quickly as possible.

                        Now you do have leverage in that you are inhabiting the space that they want vacated. Its in their best interest to not rock the boat anymore than they need to. It is not uncommon to offer severance pay in exchange for being out before a certain day. 30 days is reasonable and should be plenty of time. Companies that say get out in 3 days do so to put the pressure on so you dont take your time, but negotiation should not be a problem. No company wants to go through the expense of an eviction (which normally cannot be done in small claims because small claims court lacks the authority) even if they do get awarded legal fees because the chance of actually collecting the legal fees is not great. Now that doesn't mean that you drag your feet. You need to get out as soon as humanly possible.

                        Now California actually makes it a misdemeanor to change the locks prior to be evicted by the Sheriff. There is also a statute mandating reasonable notice (generally 24 hours) before inspecting or conducting maintenance within your rented residence. I imagine most states have similar provisions. If the locks are changed, there are also issues of conversion of your personal property and they would also be liable for any property removed or left unsecured (like thrown outside). The law usually sides with the individual over us bad businessmen (go figure).

                        So do the right thing and hit the net and the newspapers so you can quickly secure employment and keep the lines of communication open with your former employer so they know that it is your intention to vacate as soon as you possibly can. Lack of communication in this situation is the enemy of both sides and good communication can go a long way in making your situation a better one. It's certainly a learning experience that can only make you stronger if your persevere and not take anything personal. It's hard to lose your job and your house at the same time, just dont panic and be positive with all future employment prospects. Good luck to you and yours.
                        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.

                        Comment


                        • #13
                          manager in Apache Junction , AZ

                          I know this may not seem like advise on anything , but we have been in the storage business for 13 years and was let go the day after Christmas in 2000 and given 4 days to leave... we negotiated with the district manager, that we couldn't possibly leave that fast and so we asked for free storage for a couple of months with no gate access to the property. That to enter the property we would have to stop in the office... and the manager on duty would have to let us in and out. This would protect the property in their eyes from any possible retaliation from us for being fired and give us a place to put all of our belonging's till we found something else...
                          ( PS. we were let go because the district manager found out we were looking for another job)
                          They agreed and gave us 60 days free rent and we signed a lease that the rent would start on a certain day. and since we knew what size storage's had the highest vacancy we knew what size we could use without hurting the facility ...
                          We found a job with another company in 2 weeks but they had to fix the apt and we were able to keep our stuff at the old facility till we moved in and it took all the pressure off us.
                          so may you should go to the owner , district mgr , who ever is n charge and ask for a storage that you would be able to get off the property sooner..
                          hope this helps...

                          Comment


                          • #14
                            thought i would stop in, taking a break from packing and say hey and thank everyone for your support and knowledge and your experiences.

                            we won't be able to be out of here by friday as they also want us out of the 2 storage units we have, which were part of our employment perks.

                            we will be returning to my hometown. we are going to be staying with family. my older sister has been having health problems and is scheduled for a serious surgery and i am going to help take care of her - we will also be selling off our huge collection of personal do-dahs and what knots - we used to be in the antique & collectible business and have an enormous amount of stuff accumulated - we are going to work on simplifying and trimming things down - we will be taking spanish lessons and some courses in property/self storage management and work towards moving north in the spring. rod has family in illinois and we would love to be near them.

                            will touch base when we get in town and i get everything set up .. thank you all so much - i can never tell you how much your opinions, thoughts and prayers have helped -

                            love you guyz,
                            troy & rod
                            just looking for our 'forever place' ..

                            http://selfstoragemgrteam.webs.com/

                            Comment


                            • #15
                              godspeed fellas and best of luck. Some facility is going to be very happy to land you.

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