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Second Default Letter

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  • Second Default Letter

    Hi all, I am still pretty new to being a storage facility owner, especially when it come to evicting a tenant. I have a tenant who is now 5 months behind on payments. I know I shouldn't have let it get this far, and lesson has been learned. Anyway, I have mailed him his first default letter. Now, I am getting ready to mail him his second default letter. On the default letter there is a place to list the belongings in the unit. I do not know this because his lock is on the unit as well as a red lock that I placed. Do I legally have the right to cut his lock to see what is in his unit to list on the default letter? I really don't know any other way to find this out than to do this.

  • #2
    Some states want you to do an inventory of the unit items and if so I would just do a visual inventory without crossing the threshold and take a video/pics, need a second person with you when you do open a unit door of a default/lien tenant. Your state statutes, which you should already be VERY familiar with and if not then get that way asap, will lay out when and what you should be doing at what times of the process. I guess in some states they want you to do a more in depth inventory and that means getting in the unit and the statute should tell you that you can move the items to another unit while you do this. Again, it is very very very important to document all of this and lots of pics/video. You are right, this process should have already been completed by now and the unit auctioned off. You are in for a lot of headaches if you deviate from what your state statutes and your lease says. If you are a glutton for punishment, then wing it as you go. LOL! I never do an inventory here in Oregon but I take a lot of pics/video. I cut a lock when they are 10 days late in to the second month. Example: Rent due on March 1 and I will cut a lock on April 10th. The auction would be done by no later than May 15th. I know of no state that does not allow a lock cut within a certain amount of time. READ the statutes and BE familiar and if you have a manager, they should do so as well.
    "Never let the inmates run the asylum!"

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    • #3
      By default letter, do you mean past due notice? I'm in agreement with Pac on this. You need to be familiar with your state's lien laws and need to follow them to deal with this past due tenant. If you are allowed to cut the lock and inventory the unit, do it. I think most of us have, at one time or another, let a tenant go too far behind then try to deal with it. This tenant should not be getting any more past due notices. Follow your statute (or contact your state's SSA if you have questions) and get this tenant started toward selling off that unit...or scaring him enough to get him in to pay. What state are you in? There may be someone on here in that state that can answer these questions for you.
      Too many freaks, not enough circuses.

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      • #4
        When you are ready to cut the lock PLEASE have a witness with you!
        Don't put off until tomorrow, what you can do today.

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        • #5
          DairyGirl, I am in Wisconsin. I am thinking you are too LOL. Lady5563, I will definitely have a witness when I cut the lock.

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          • #6
            I mailed the first default letter a month or so ago. The tenant then said he certified a check to me for all of the monies owed me. I have yet to receive it, even though he swears up and down that he mailed it. It is going on a month now since he said he mailed it, and he cannot find his receipt for the certified check he sent. He is full of it. He never mailed me a check. He has always had a story of some sort. I just want him out so I don't have to deal with him anymore. He is a true pain in my rear end LOL

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            • #7
              Originally posted by cloverport View Post
              DairyGirl, I am in Wisconsin. I am thinking you are too LOL. Lady5563, I will definitely have a witness when I cut the lock.
              No, I'm in Florida.
              Too many freaks, not enough circuses.

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              • #8
                Originally posted by cloverport View Post
                I mailed the first default letter a month or so ago. The tenant then said he certified a check to me for all of the monies owed me. I have yet to receive it, even though he swears up and down that he mailed it. It is going on a month now since he said he mailed it, and he cannot find his receipt for the certified check he sent. He is full of it. He never mailed me a check. He has always had a story of some sort. I just want him out so I don't have to deal with him anymore. He is a true pain in my rear end LOL
                (I did grow up in Wisconsin, though.) The old "check is in the mail" excuse. No, he never mailed you a check.He'd show you the receipt as proof if he did. Just another excuse to buy himself some time. At this point you should be sending him a lien notice and only accept cash from him...full amount only - no partial payments from this guy. Forces him to come to you to pay. Also, you should tell him he should go to the bank that issued the check to have a stop payment put on it. They can then issue him another one and he can bring it to you. I'd like to hear his excuse for not doing that. Haha Follow your lien procedures, send him the notice, be done with him.
                Too many freaks, not enough circuses.

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                • #9
                  Get him out and get him done. Move on with your life at the facility. Tonight, have a shot of something strong.
                  "Never let the inmates run the asylum!"

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                  • #10
                    DairyGirl, I figured you had some connection to Wisconsin with your on-line name and the Green Bay Packer emblem :-). Oh pacnwstorage, a strong shot... or two LOL... sounds very good right now. Yep, this guy is going to be kicked to the curb as soon as possible. Thanks to all of you for your help in the matter, it is greatly appreciated!!!!!

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                    • #11
                      Hi Cloverport, I always error on the side of overkill, if my state says to send a pre-lien notice on the 14th day, I add one day to it, just to be on the safe side. If you haven't followed the timeline your state requires ... start all over again. It is always better to be safe than sorry and possibly lose your case in court. He is feeding you a BIG line for sure. They try all of the lines in the books to pull one over on us. Best of luck getting him out and being able to make money on that space.

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