Announcement

Collapse
No announcement yet.

Legal question about auctions in Arkansas

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Legal question about auctions in Arkansas

    Legal question - If a tenant hasn't paid in 3 months and I can not get a hold of them and I have sent a certified letter, can I sell the contents of the unit to a person( who cleans out units) or do I have to hold an auction? Does anyone else sell the contents to one person rather than hold an auction?

  • #2
    First: Welcome to the forum Twincrazy2! Second: If you are going to be in this business you need to become familiar with the Arkansas state storage statutes and get in touch with Arkansas SSA-Self Storage Association. I would be that you can have an auction long before 3 months. I would also be your state says you have to have an auction if the value of the unit contents is over a certain amount, after being inspected by a qualified rep of the facility. If it is below a certain amount of value the state may allow you to dispose of the unit contents in whatever way you see fit to do. If it has a value over a certain amount you have to have an auction. Some states require a minimum amount of auction buyers to be considered a legal auction attempt. Here in Oregon it just says if we receive no bids at auction we can dispose of contents as we see fit. Become aware of the state's statutes asap or ask a lawyer that represents the facility what to do. If you want for a bit I am sure someone from Arkansas will chime in with your answer.
    "Never let the inmates run the asylum!"

    Comment


    • #3
      Hello, for the Arkansas statute, certified mail is not valid for the notice, it needs to be first class mail with certificate of mailing (if your rental agreement states that certified mail will be used, you may be ok) The full statute is available at http://www.lexisnexis.com/hottopics/arcode/Default.asp

      18-16-407 Talks about the requirements for the sale

      I have an easier to read version on the site in my signature.
      : 18-16-409. Notices -- Method of delivery.

      (a) Unless otherwise specifically provided, all notices required by this subchapter shall be sent by first class mail with certificate of mailing.

      (b) (1) Notices sent to the operator shall be sent to the self-service storage facility where the occupant's property is stored.

      (2) Notices to the occupant shall be sent to the occupant at the occupant's last known address.

      (3) Notices shall be deemed delivered when deposited with the United States Postal Service, properly addressed as provided in 18-16-407(a) with postage prepaid.

      HISTORY: Acts 1987, No. 576, 4; 2011, No. 189, 2.
      Last edited by ams; 23 March 2017, 05:40 PM. Reason: 18-16-407
      --
      Ron

      http://n6ach.com
      http://laws.n6ach.com
      [email protected]

      Comment


      • #4
        Thanks for the input! We recently bought this storage facility and I am about as green as they come to running a storage business! I will look over the Arkansas's statutes tonight. I am sure I will have more questions! I really appreciate your quick responses! Did I mention I am about as green as they come when running a storage business!! HA

        Comment


        • #5
          Twincrazy2, ams is in California and is the gospel for statutes delivery. I think he is in California? Anyway, become very familiar with those Arkansas statutes because you will need to run your facility as per them to protect yourself. People that are "green" need to do that!

          Oregon statute for lien notification is way more forgiving: 87.689-The owner shall notify the occupant of the foreclosure and sale by sending registered or certified mail or other verified mail to the occupant's last known address or by sending electronic mail to the occupant's last known address.
          Last edited by pacnwstorage; 23 March 2017, 06:18 PM.
          "Never let the inmates run the asylum!"

          Comment

          Latest Topics

          Collapse

          • pacnwstorage
            Reply to West Coast Wildfires
            by pacnwstorage
            Yea, even without the China virus we were wearing masks just because of the smoke and ash in the air. It's nice to get in the golf cart now and drive and be able to stop and not have the cloud of ash flow over me from the back. That cloud would kick up anytime I drove. Any cobwebs around the facility...
            Today, 02:35 PM
          • Grizz
            Reply to Unit Pricing
            by Grizz
            You're right, I just wish I could find owners as good as PAC's but I wont hold my breath. I have an exit plan, just need a partner ($$$) to get the ball rolling...
            Today, 01:35 PM
          • letsgosonics
            Reply to How much do you pay per lead? Per rental?
            by letsgosonics
            Yes, I understand that completely. I used to be that way before covid. I always speak with the person at the very least so get more info than my online reservation does, but it is taking a chance for sure....
            Today, 01:32 PM
          Working...
          X