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Delinquent in Indiana

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  • Delinquent in Indiana

    Two Issues:

    1) we are a unmanned facility in Indianapolis. Around 5 months ago someone put numerous items in one of our units and locked it. We have no name or contact etc.. for whoever did this. Since there is no record of who rented this, I considered just pitching the stuff. However after I cut their lock I found many expensive items such as a washer and dryer along with a nice bed and decent furniture. I value the items around $2,000.
    What should be my next step? Should I proceed with the auction process? or just pitch it or give away?

    2) I have a tenant 66 days past due. She is ignoring all phone call, text and emails. What should my next step be?


    Thanks

  • #2
    1. For that unit, overlock it TIGHT, especially with a strong lock that can not be cut with a bolt cutter. In the hopes that the person whose stuff it is will eventually figure out that they can no longer get in the unit. Have it documented in that unit's notes that the unit contains items and you have no signed LA. If and when you ever find out whose stuff it is...make sure they pay you ALL he rent that is due to you AND late fee's! Get that figure NOW.

    2. Have you already denied access at the gate AND overlocked the unit?

    What state are you in?
    I recommend that you start the lien process and sell the unit.
    Don't put off until tomorrow, what you can do today.

    Comment


    • #3
      1) the thing is no one has returned for the stuff after five months. It appears it was just dumped. Should I proceed with an auction?

      2) yes

      Indiana and we will start the lien process

      Thanks

      Comment


      • #4
        1. Hmmmmmm. You have to go and see what your state's lien laws are pertaining to selling a non lease agreement unit.
        I have to wonder if you can sell it as a NON LIEN manager unit?
        Do you have an attorney on retainer?

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

        Comment


        • #5
          Is it at al possible...could these items have been put in a wrong assigned unit?
          As in you properly rented a unit and that person put their stuff in the wrong assigned unit?
          Is that at all possible?
          Don't put off until tomorrow, what you can do today.

          Comment


          • #6
            Did this bed looked slept in??
            Don't put off until tomorrow, what you can do today.

            Comment


            • #7
              Lady 5563, it is possible that someone put their stuff in a wrong unit but our records don't show any current paid for units empty. Plus again its been five months since we have had a lock on it so you would think someone would have returned for their stuff or to put more in if they were legit

              Bed was not slept in. Its all piled up where no one lives in there

              Comment


              • #8
                First you must determine HOW do you sell a unit at auction that you do NOT have a signed lease for.

                Are you the owner of the property?
                Is there an attorney on retainer that you can ask, how to legally sell this unit?
                Don't put off until tomorrow, what you can do today.

                Comment


                • #9
                  1.) The person's whos belongings are in that unit, you do not have a contract with. If you are sure none of your other tenants accidentally moved into that unit, you have 0 obligation to the owner of the stuff.

                  2.) Start the lien process. Cut her lock, send the appropriate paperwork, and sell her stuff at auction if she does not pay.

                  Comment


                  • #10
                    Maybe the stuff is stolen ?

                    Comment


                    • #11
                      Can you send a group email to all of your tenants? If so, I'd say something like, "Dear tenants, we had someone accidentally move into unit #2121. As we have no paperwork on the unit we will be selling the proceeds. You have 24 hours. If it's yours please stop by our office ASAP-thank you! Red Self Storage"
                      That should smoke out the tenant, if you hear crickets, get rid of it, donate or sell at your next auction and use the profits for the facility. Buy a tree.
                      "The comeback is always stronger than the setback."
                      Mom, Navy Vet, genealogist and voracious reader
                      Always sunny in California

                      Comment


                      • #12
                        I would check your move-in's/move-out's from the time period (maybe a month before and a month after). I would be looking for units that have a unit number similar to the one that has the items in it. I might also look for tenants that rented but never moved in (they moved into the wrong unit??).

                        Sometimes, people misread the number and if the unit has the lock off, they move in or they rented the wrong size and just move their stuff into a unit with the lock off.

                        I did have a tenant one time move out (lock off and MT) of his unit early in the month (paid for the whole month) and then come back and wanted to store in the unit. It is possible the previous tenant of the unit came back and put items in the MT unit.

                        Document and take pictures of everything.

                        Comment


                        • #13
                          Originally posted by Redsfan5 View Post
                          Lady 5563, it is possible that someone put their stuff in a wrong unit but our records don't show any current paid for units empty. Plus again its been five months since we have had a lock on it so you would think someone would have returned for their stuff or to put more in if they were legit

                          Bed was not slept in. Its all piled up where no one lives in there
                          Be careful, Public storage was sued back when as a manager put the customer in the wrong unit, and the person was paying all along it was just incorrect in the system., they auctioned the stuff, they were awarded a million dollars as the judge was making a point. it was a silly mix up,
                          And here in AZ we can not auction with out a lease......

                          Comment


                          • #14
                            Originally posted by SBAZ View Post

                            Be careful, Public storage was sued back when as a manager put the customer in the wrong unit, and the person was paying all along it was just incorrect in the system., they auctioned the stuff, they were awarded a million dollars as the judge was making a point. it was a silly mix up,
                            And here in AZ we can not auction with out a lease......

                            I sent out a mass email to all tenants asking if anyone put their things in this unit number. So far no one has stepped up.

                            Comment


                            • #15
                              Its a hard one. Let us know what happens!

                              Comment

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