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Is it legal for a storage facility to deny access to a unit and then auction its contents?

AlexL0823
AlexL0823

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  1. Breach of Contract: If you had a contract with the storage facility that guaranteed access to your unit for the entire month you paid for, denying you access could be considered a breach of contract. This is especially relevant if the facility failed to provide the services you paid for.
  2. Unlawful Sale of Property: Auctioning your belongings without giving you a fair opportunity to retrieve them, especially when you were denied access due to no fault of your own, could be considered unlawful.
  3. Consumer Protection Laws: These laws are designed to protect consumers from unfair or deceptive business practices. If the storage facility misled you or failed to provide the services as agreed, they might be in violation of these laws.
  4. Negligence: If the facility was aware of the break-in attempts and failed to take reasonable steps to secure your belongings, they might be liable for any resulting loss or damage.

It's also worth noting that most states have enacted self-service storage facility acts (sometimes called self-storage lien laws) that set out specific requirements a facility must follow before denying access to a paid unit, declaring a default, or moving to auction its contents, typically including proper written notice and a defined opportunity to cure the alleged default before any sale can proceed. Because the state where this occurred wasn't specified, a precise statute could not be confirmed, but reviewing your state's self-storage facility act or lien statute would likely be directly relevant here.

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If I had a storage unit paid until the end of the month, and with 5-7 days left remaining in my last month as I was in the process of emptying the unit before the end of the month. And the door on that day will not open, and it is confirmed with photos of damages to the door and screenshots of text messages from the manager that they are aware of the attempts to break in. Then was it legal that on the day the repairs to the door were completed and the door could again be opened, that they disabled my code to the gate and would not allow me on site to A. retrieve my property, B. determine if anything was missing or damaged from break-ins, file a police report and in turn an insurance claim. But instead, due to my insistence they owed me a week of access to my belongings, they insisted I owed them for what was not the next month. They instead added late fees and additional fees, auctioned my belongings and sent me a bill for the difference. Was this legal?

Lexi

Lexi, Chatbot

I understand how frustrating this situation must be for you. Can you please confirm if you have any written agreements or contracts regarding access to your storage unit and the terms of payment?

Have you communicated with the storage facility management about your concerns, and if so, what was their response?

I believe there are such agreements in my email from initially writing it.

Lexi

Lexi, Chatbot

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your storage unit access.

I did communicate the concerns to both the call center as well as the on site manager, who told me she did not possess the ability to override and provide me with the code. She told me that if I would like I could speak to her manager. At the time I did not pursue it, and before I could, I received text messages from her manager reiterating that she could not. Eventually I wrote to him and he called me. He seemed very understanding when I mentioned a case study I read conducted by [business name redacted] and a third party that happened to take place around the same time as when my 24 hour access gate codes randomly stopped working for the night, and simultaneous alleged break-ins. He interrupted me and said "oh someone just walked into my office, I'll have to call you back" and never did, nor did he respond to any of my calls, voicemails, or texts again, other than once when I tried from a different number and he again began to respond until I explained who I was and stopped responding.

AlexL0823

AlexL0823

This is Alex, Esq., and welcome to our service. Please note that this site is for general information, for educational purposes only, and does not constitute legal advice. Communicating with me on this site does not establish an attorney-client relationship, and it is always in your best interest to retain legal counsel in your specific state if you have a current legal matter that you need help with and to get legal advice from that attorney. I understand you're dealing with a situation involving access to your storage unit and subsequent issues with the facility.

So once they fixed the issue, it went into the next month and they wanted you to pay?

Yes, which I would understand had that particular month, April of 2023, been intended to be the last month, but I had never intended on my belongings being there for May.

AlexL0823

AlexL0823

And when you contacted them and advised of this, they refused access even after it was fixed and locked you out?

For two reasons:

  1. I just rented a house and got the key the end of March, and
  2. I lost my job the 3rd week of April and knew I had no income and couldn't pay for May. I was already freaking out about losing my job, leaving my spouse, moving an hour away, enrolling my kids in private school, and suddenly didn't have a job and only had mattresses on the floor because everything else was in storage.

The call center wouldn't tell me yes, they would beat around the bush. The manager avoided the answer prior to the fix, and on the exact day I got the message the door was fixed, I received an automated message my code had been deactivated. All I wanted was the 5 or so days I was denied access to in the month I had paid for, to get my things out.

AlexL0823

AlexL0823

It is an issue, and you should have been given access and a chance to empty the unit if you did not have access for those days as a result of this. It was not your fault, but it makes no sense for them to lock you out and not allow extra time and then proceed to auction and sell your property. If that is what happened, I think you have a chance to take legal action and sue and go after them, to be made whole and recover the value of the property.

I also was told the police were notified, but when I contacted the authorities, my unit number was not one of the units that was reported. To be clear, yes the door wouldn't open, but the full side was off the track and I was able to reach in and remove things. Had I been braver I could have climbed in, but I was sort of scared someone could be in there, because it's not uncommon, and I was alone.

AlexL0823

AlexL0823

  1. Breach of Contract: If you had a contract with the storage facility that guaranteed access to your unit for the entire month you paid for, denying you access could be considered a breach of contract. This is especially relevant if the facility failed to provide the services you paid for.
  2. Unlawful Sale of Property: Auctioning your belongings without giving you a fair opportunity to retrieve them, especially when you were denied access due to no fault of your own, could be considered unlawful.
  3. Consumer Protection Laws: These laws are designed to protect consumers from unfair or deceptive business practices. If the storage facility misled you or failed to provide the services as agreed, they might be in violation of these laws.
  4. Negligence: If the facility was aware of the break-in attempts and failed to take reasonable steps to secure your belongings, they might be liable for any resulting loss or damage.

It's also worth noting that most states have enacted self-service storage facility acts (sometimes called self-storage lien laws) that set out specific requirements a facility must follow before denying access to a paid unit, declaring a default, or moving to auction its contents, typically including proper written notice and a defined opportunity to cure the alleged default before any sale can proceed. Because the state where this occurred wasn't specified, a precise statute could not be confirmed, but reviewing your state's self-storage facility act or lien statute would likely be directly relevant here.

Well, there are a lot of things about that place that make no sense, and I totally get it seems like I'm full of it, but here is the thing: when I first came back to town that first week of April, my unit was paid for a few months in advance, and yet my lock had been cut off and one of theirs was on it instead so I couldn't get in.

When I called the call center they confirmed it was an error. The manager was supposed to meet me and give me a lock, but she wasn't going to be around and I was going to have to wait a few hours and come back, so I left. While I was gone she showed up and took her lock off, left my unit unlocked, and left a brand new lock with a key in a package that had been cut open there, for anyone. Technically someone could have had a copy of the key, but I didn't complain.

AlexL0823

AlexL0823

Let's break down some potential steps you can take:

  1. Document Everything: Make sure you have all the evidence gathered, including photos of the damaged door, text messages with the manager, and any communication with the call center. This documentation will be crucial if you decide to take legal action.
  2. Review Your Contract: Check your original agreement with the storage facility to understand your rights and their obligations. Look for any clauses related to access, security, and auctioning of belongings.
  3. Contact the Facility: Write a formal letter to the storage facility outlining your grievances, including the denial of access, the auctioning of your belongings, and any discrepancies in their communication. Request a resolution, such as compensation for your lost items or a refund for the time you were denied access.
  4. Seek Legal Advice: Consider consulting with a lawyer who specializes in consumer rights or contract law. They can provide guidance on whether you have a strong case for breach of contract or negligence and help you understand your legal options.
  5. File a Complaint: If the facility is part of a larger company, you might also consider filing a complaint with the Better Business Bureau or a similar consumer protection agency in your area.
  6. Consider Small Claims Court: If the value of your lost belongings is within the limits for small claims court in your area, this could be a cost-effective way to seek compensation without the need for a lawyer.

There were also rumors on social media that there had been so many break-ins of specific things, such as someone put a dirt bike in storage and the first night it was there it was stolen. People assumed it was someone telling someone what was in what units. I really didn't have anything of value, but I also only believe she told me of the break-in because I think she was reactive or defensive. I saw the damage to the door and I messaged her and asked her if perhaps she had done that damage trying to get the door open after I complained, and she immediately jumped to saying she did not do that and the authorities already knew of the break-ins.

AlexL0823

AlexL0823

I do understand, and at this time, if they refuse to reimburse you, submit a claim with their insurance and pay, you need to take legal action. I know it is not ideal, but if you want to be made whole, legal action has to be taken.

They denied me access, and I confirmed with the insurance and police that there was never a report filed for my unit, almost as if by not allowing me into the unit it prevented me from filing a claim or confirming theft, if that in fact was the case.

AlexL0823

AlexL0823

I agree, and as a result, you need to take them to court. That is the only way, if they refuse to pay, you can get what you are entitled to.

How do I put a price on things like my only framed photo of my mother, who was murdered 25 years ago? In my defense, I was unaware my spouse had packed it in our belongings.

But it was, and it's gone now. I would have never put something like that in storage, but I just don't know how to put a dollar amount to that, or if I even could or should. Or the year my kids lived in an empty house with a bed and one nightstand we ate dinner off of for months, no couch, no washer dryer, the cost of laundromats, etc.

Is there a template for how one adds this type of stuff up, or is it limited to only the monetary value of the item?

AlexL0823

AlexL0823

I'm truly sorry to hear about the loss of such irreplaceable and sentimental items. It's incredibly difficult to put a monetary value on personal treasures like a photo of your mother. In legal terms, while sentimental value is hard to quantify, you can focus on the replacement value of other items and the emotional distress caused by their loss. When pursuing legal action, you can mention the emotional impact and the irreplaceable nature of certain items to strengthen your case.

To be honest, I feel like the fact that particular item was even in a storage unit makes me sound irresponsible and of questionable judgment at best, combined with the fact that I lost the storage unit for a reason related to non-payment. Most people would have caved and just spent the extra months' storage fees to gain access to their belongings, but there were other outside factors occurring simultaneously. I almost feel like mentioning the photos does more against me than for me, but it's still unbelievably disappointing.

AlexL0823

AlexL0823

Your feelings about the loss are valid, and it's okay to express them. The important thing is that you're taking steps to address the situation now. If you decide to pursue legal action, focus on the facts and the impact this has had on your life.

Thank you, and I'm glad I could help.

AlexL0823

AlexL0823

5,492 satisfied customers

AlexL0823
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