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Our company was a sole proprietorship until the end of 2015. Beginning in 2016 it became a C-corp. We took over as management on 1/1/16 for the C-corp.
When the company was a sole prop, the family that owned it let one of the adult kids (60 years old) have two storage units free of charge. I don't know how long she has been using the units...at least several years. It appears she is using one of the units for herself and renting the other one to another unknown person.
When we took over as a C-corp, one of the family members became a shareholder, and she wanted to keep giving this person free storage, so it continued. It is now one year later, and we have authority to get rid of her and get the units back to rent. We do not want to offer to this person that she can remain on property. We will not be offering her a contract to remain. We also will not offer a contract to the person we think is using the other free unit.
We want her and her property gone. But, as we have no contract and she hasn't been paying rent for years, we're not sure what we can do. The CO Title 38 21.5 regarding liens states that a lien is established when:
1)A rental agreement is entered into between the owner and occupant.
2)The lien attaches as of the date personal property is brought to the self-service storage facility.
So, I'm thinking we can't use the lien process to get her out. Any ideas?
When the company was a sole prop, the family that owned it let one of the adult kids (60 years old) have two storage units free of charge. I don't know how long she has been using the units...at least several years. It appears she is using one of the units for herself and renting the other one to another unknown person.
When we took over as a C-corp, one of the family members became a shareholder, and she wanted to keep giving this person free storage, so it continued. It is now one year later, and we have authority to get rid of her and get the units back to rent. We do not want to offer to this person that she can remain on property. We will not be offering her a contract to remain. We also will not offer a contract to the person we think is using the other free unit.
We want her and her property gone. But, as we have no contract and she hasn't been paying rent for years, we're not sure what we can do. The CO Title 38 21.5 regarding liens states that a lien is established when:
1)A rental agreement is entered into between the owner and occupant.
2)The lien attaches as of the date personal property is brought to the self-service storage facility.
So, I'm thinking we can't use the lien process to get her out. Any ideas?
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