what rights do the people who have been stuck with the abandoned stuff have? How long do you have to wait before you can dispose of something like that? After warning them to pay up or move it and threatening to sell it. What can you do? We have heard several different things but not sure what options are there.
2006-09-17 17:56:07 · 9 answers · asked by Wondering 1 in Politics & Government ➔ Law & Ethics
"I need my things an all"
"Looks like you been locked out"
"When do I get my stuff, as soon as you settle this thing up"
"Oh we'll keep them nice and safe".
Looks like safe is not around and your stuff is history!
2006-09-17 18:05:37 · answer #1 · answered by Anonymous · 0⤊ 1⤋
The rights of a storage facility depend on state law and on the terms of the contract with the lessee.
In general, a storage facility need not investigate the title to goods stored, and may -- subject to the Uniform Commercial Code, probably art. 9 -- or may not gain rights as a "holder in due course" superior to a lienholder.
But it would be very rare for leased property, or secured property other than a vehicle (itself subject to special UCC rules and state law on vehicle titles) to be secured.
The real problem and risk for storage facility operators is less the question you have asked than what they are stuck with when they find abandoned toxic or radioactive material. They had better be insured for that eventuality.
Storage facilities auction off abandoned goods every day of the week, often goods belonging to third parties. A fair-minded storage operator will take the trouble to contact someone who if s/he is easily found and his/her goods are located in an abandoned locker. But that takes time and I don't know that many do. I have seen blogs complaining of stuff lost because payment dates passed, letters weren't received, persons storing stuff on their behalf died, and the like.
(In case of death or bankruptcy, there are legal protections related to state probate laws, but somebody has to take the trouble to notify the storage facility operator.)
It seems that in your case the landlord didn't pay, and the owner of the goods can't be found, doesn't want the goods, or won't pay. There is no privity of contract -- no obligation -- on the part of the owner if the owner can't or won't pay and isn't denying the right of the landlord to have stored them. (A separate question arises if the goods are plausibly stolen property; and they could be seized for evidence or fall under the UCC or under your state's case law. This is research I'm not about to conduct for free.)
Under the contract of storage -- read it! -- the storage facility probably has the right to sue the landlord in this case; or in the alternative to sell the goods. He would be well advised to offer them to the tenant (the person who abandoned the property) first.
I can think of no legal basis for holding the tenant liable. But as I said I'm not researching the issue. This really should have been researched by the lawyer for the storage facility in the planning stage, in doing the feasibility study or business plan.
I've covered several different issues because I'm not absolutely sure what the question is driving at.
2006-09-17 18:06:10 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you abandoned your property, then it is no longer yours. It then became your landlord's property. But then if he then abandons the property, it becomes the property of the storage place. Usually, if you pay the arrears on the storage unit, the storage company will give you the contents of the unit. Otherwise, the storage company auctions off the storage units.
2006-09-18 03:03:09 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The laws governing landlord & tenants vary from state to state expecially concerning the disposal of abandoned property. Check in the phonebook and see if you have any free legal advise offices ( legal aid ) in your area. If not, you may have to consult with an attorney.
2006-09-17 18:03:24 · answer #4 · answered by jack w 6 · 0⤊ 0⤋
Abandoned being the key word could indicate that you have relinquished ownership of property. Courts do not look favorably on deadbeats who do not pay and then want someone else to protect and maintain their property.
2006-09-17 18:19:53 · answer #5 · answered by ValleyViolet 6 · 0⤊ 0⤋
the ex landlord loses his rights over the prev abandoned items and the place that stores it has the right to auction it off.
2006-09-17 18:05:01 · answer #6 · answered by LOLO 1 · 0⤊ 0⤋
A storage unit can only be accessed by the person who rented it. You should consult an attorney.
2006-09-17 17:58:28 · answer #7 · answered by pleeks 4 · 0⤊ 0⤋
go to small claims court. But I believe that it is 30 days and it is yours.
2006-09-17 17:57:57 · answer #8 · answered by rera1397 3 · 0⤊ 0⤋
He doesn't need to pay for your storage,..... you do!
2006-09-17 18:04:09 · answer #9 · answered by battle-ax 6 · 0⤊ 0⤋