Welcome to Law-Forums.org!   

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


Are Ca. Self Storage Facilities Required To Provide The Record Of A Tenants Account If The Tenant Requests Them To Do So?

Having a dispute with a tenant or landlord? Rental Law discussion

Are Ca. Self Storage Facilities Required To Provide The Record Of A Tenants Account If The Tenant Requests Them To Do So?

Postby Mungo » Wed Dec 07, 2016 3:29 am

My storage unit was sold at auction. I have made several requests 2 Public Storage in CA. for a record of my acct(contract, billing, payments, late fees/if any, letters sent, phone calls made, the published notice of sale, sale date, time and price, auctioneer and all other pertinent info) but they are ignoring me. They wont say, "No" and they wont comply.  Is my request reasonable? Arent I entitled to full disclosure from them?  Im reading  their failure to acknowledge my request or to assist me in any way, as well as their hostile  attitude towards me as a sign that they realize their sale of my property was in violation of the CA Business & Proffesions Code 21700 and are hoping I will give up and go away.  Are they required to provide me w any  documentation of my account, the sale, the amount they sent to collections, etc? What is the industry norm in a situation such as mine? Thank you!

ANSWER: Sorry for the delay,

Wow, sorry to hear your items were sold. You should be given the information of what your unit sold for. Note if the unit sold for more then what was owed you'd be entitled to have the excess returned to you the tenant, But note if the auction didn't bring in enough to pay the storage lien the storage company can turn you into collections for the remainder. I would be a little surprised if the storage company would just give you everything your asking. If you want all this information you'll have to have a lawyer make a request on your behalf. If every storage company had to furnish this information to every tenant, this is very time consuming, believe Me the PS storage company should have most if not all of the information your requesting. Many storage companies are told they are going to be sued but in most cases it's a threat which tenants don't follow threw with. If your was to go to court PS storage would have to furnish this information to you and the court. Note: PS Storage has their District Manager conduct the delinquent storage unit auctions, most of these DM's are not licensed auctioneers but are allowed by many states to conduct PS storage Auctions. If you push the issue you may get the information your asking for but without that they may think your asking to much. Ask what your unit sold for & if they are holding any excess or if the remainder was turned into collections and where it was turned in. Next if you find out when their next storage auction is, go and watch the process that will give you other information, like if the DM conducts the auction. Terms of the sale(cash or type of payment) & in most cases the same buyers will attend. depending on when the storage unit auction for your unit You should have gotten a Certified letter stating your unit was going to be sold on date & Time etc. Also a Ad placed in the local news paper of general circulation. If you find out where the PS storage posts their local advertising You should be able to go to that publication and ask to see a copy of the ad. Most News papers of General circulation save a copy for history reference. You may want to read articles on the web Check Inside Self Storage(ISS) you may find some interesting articles. The sad fact that storage companies take into consideration is if the tenant can't pay their storage bill they usually can't afford to sue. Many tenants are angry their unit got sold but after a couple of weeks they realized that ended the pain of having to come up with the extra money and the items that were in the unit they haven't used in a while they didn't need anyway. I hope this helps a little, If I can clarify something for you let me know. Thanks

---------- FOLLOW-UP ----------

Hi, thank u 4 your answer & yes, there r a few things u can clarify 4 me if u would, please. If an attorney makes a request on my behalf 4 the info, does PS have 2 provide it prior 2 a lawsuit actually being filed against them? I was requesting the info 2 take 2 an attorney so he could evaluate my case. Who would conduct a PS auction if theres no sitting DM? I was told that at the time my unit was auctioned the DM position was vacant. Also, please define, "commercially reasonable manner" I cant find any clear definition of what that term means. My unit was not extra stuff. It was the contents of my 3bdrm home.The most heartbreaking loss is ALL the photos of my daughter, grandparents & dad who r all passed away & other photos, as well as all my personal records/papers/momentos.Then theres

my many antiques,jewelry, designer wardrobe, art, etc. Literally,all I have left is 1 suitcase! PS ruined the rest of my life & broke the law when they did it.I will sue them if its the last thing I ever do!Thanks 4 yor time.

ANSWER: You can try having a lawyer submit a request of PS. Before you do that if you found out there was NO DM doing the storage unit auction the day your unit was sold you should try to find out who conducted the sale. If PS didn't have a DM at the time they may have used another DM or just a manager or anyone who doesn't no state auction laws and process. You should be able to find out where the storage unit auction / sale was advertised and get a copy of the ads. Most state laws require the storage company to advertise 1 time a week 2 consecutive week prior to the auction date. Most news papers keep a copy of All the ads they run as future reference. ALL PS in CA. state use the same contracts you may be able to go to another PS location ask for a copy of their contract saying you would like to read it before you rent a unit. Commercially reasonable manner, is usually referred to which is commonly excepted in the industry. A professional auctioneer knows the auction law & has the ability to work the crowd to get a greater return on the items in a unit. Again you should be able to ask the storage location how much your unit sold for and how much if any was turned into collections. I would think that if you had the contents of a 3 bedroom home with other items a experienced auctioneer who helped advertise the sale on their web site should have gotten more then what was owed. You should have gotten Money back. This would give you information on what the sale of your unit brought. Keep in mind all the information you can collect is good if the information you collect and later the information the lawyer gets from the storage company should match if it doesn't there is a problem. You need to do your detective work other wise you can get text book information and you wouldn't know any difference. That way you'll know if the information was correct and if You wish to proceed with any farther process. I'm sorry to hear what happened to your items, I'll say storage units are sold everyday some storage companies do the storage lien process correctly, But others use the process that is far from state law. If you do your home work / leg work this will generally pay off for you in the future. Thanks again. I Hope this helps  

---------- FOLLOW-UP ----------

As to finding out who conducted the auction of my unit- do u think PS willl tell me w out a fight?When I initially spoke w PS about the auction,they told me my unit sold 4 $50.00. That was insult 2 injury!! I cant see how selling the contents of a 3bdrm home for $50.00 could be considered 2 have been done in a  "commercially reasonable manner" by any stretch of the term.When I requested my contact info b given 2 the buyer they refused, telling me it would b a waste of time cause the buyer had already disposed of all photos etc and sold everything else in his "store". I asked about the so called store and their story changed.Suddenly theres no store but the buyer is a prof, so they were sure everything was gone.  Their story changed so many x, Im glad I thought 2 write it all down!I ask u,how could they have immediately known what the buyer did w my property w out asking buyer?Why would they change their story repeatedly?There is only 1 story when its the truth bein told. I did find out the buyer wasnt a prof.
Mungo
 
Posts: 43
Joined: Fri Feb 28, 2014 4:26 pm

Are Ca. Self Storage Facilities Required To Provide The Record Of A Tenants Account If The Tenant Requests Them To Do So?

Postby flannagain » Thu Dec 08, 2016 4:03 pm

Pam, Your asking the right questions, I would think a lawyer would tear them up with the way the store changes their story, but at this point it could be considered hear say. I find it hard to believe this unit if it's as you say sold for $50, Something doesn't sound right. If you could go to the next storage unit auction @ that location you may learn some interesting things, I would question weather your unit sold that day or how it sold. If you go to the next auction you should see how many people show up to the auction, what kind of prices the units bring and in most cases there is a good chance the buyer that bought your unit would be there. As the TV shows go, you don't see many unit sell for $50 in the California market and not a large unit. As I have said before do your home work and do some foot work will save you money & pay dividend in the long run. You can bet unless you do the detective work they aren't just going to hand over the information easy, if you where them would You. They're thinking by the questions you asked them, You have know information to include your original contract.  
flannagain
 
Posts: 46
Joined: Fri Apr 01, 2011 9:29 am

Are Ca. Self Storage Facilities Required To Provide The Record Of A Tenants Account If The Tenant Requests Them To Do So?

Postby barend31 » Sat Dec 10, 2016 4:41 pm

My storage unit was sold at auction. I have made several requests 2 Public Storage in CA. for a record of my acct(contract, billing, payments, late fees/if any, letters sent, phone calls made, the published notice of sale, sale date, time and price, auctioneer and all other pertinent info) but they are ignoring me. They wont say, "No" and they wont comply.  Is my request reasonable? Arent I entitled to full disclosure from them?  Im reading  their failure to acknowledge my request or to assist me in any way, as well as their hostile  attitude towards me as a sign that they realize their sale of my property was in violation of the CA Business & Proffesions Code 21700 and are hoping I will give up and go away.  Are they required to provide me w any  documentation of my account, the sale, the amount they sent to collections, etc? What is the industry norm in a situation such as mine? Thank you!

ANSWER: Sorry for the delay,

Wow, sorry to hear your items were sold. You should be given the information of what your unit sold for. Note if the unit sold for more then what was owed you'd be entitled to have the excess returned to you the tenant, But note if the auction didn't bring in enough to pay the storage lien the storage company can turn you into collections for the remainder. I would be a little surprised if the storage company would just give you everything your asking. If you want all this information you'll have to have a lawyer make a request on your behalf. If every storage company had to furnish this information to every tenant, this is very time consuming, believe Me the PS storage company should have most if not all of the information your requesting. Many storage companies are told they are going to be sued but in most cases it's a threat which tenants don't follow threw with. If your was to go to court PS storage would have to furnish this information to you and the court. Note: PS Storage has their District Manager conduct the delinquent storage unit auctions, most of these DM's are not licensed auctioneers but are allowed by many states to conduct PS storage Auctions. If you push the issue you may get the information your asking for but without that they may think your asking to much. Ask what your unit sold for & if they are holding any excess or if the remainder was turned into collections and where it was turned in. Next if you find out when their next storage auction is, go and watch the process that will give you other information, like if the DM conducts the auction. Terms of the sale(cash or type of payment) & in most cases the same buyers will attend. depending on when the storage unit auction for your unit You should have gotten a Certified letter stating your unit was going to be sold on date & Time etc. Also a Ad placed in the local news paper of general circulation. If you find out where the PS storage posts their local advertising You should be able to go to that publication and ask to see a copy of the ad. Most News papers of General circulation save a copy for history reference. You may want to read articles on the web Check Inside Self Storage(ISS) you may find some interesting articles. The sad fact that storage companies take into consideration is if the tenant can't pay their storage bill they usually can't afford to sue. Many tenants are angry their unit got sold but after a couple of weeks they realized that ended the pain of having to come up with the extra money and the items that were in the unit they haven't used in a while they didn't need anyway. I hope this helps a little, If I can clarify something for you let me know. Thanks

---------- FOLLOW-UP ----------

Hi, thank u 4 your answer & yes, there r a few things u can clarify 4 me if u would, please. If an attorney makes a request on my behalf 4 the info, does PS have 2 provide it prior 2 a lawsuit actually being filed against them? I was requesting the info 2 take 2 an attorney so he could evaluate my case. Who would conduct a PS auction if theres no sitting DM? I was told that at the time my unit was auctioned the DM position was vacant. Also, please define, "commercially reasonable manner" I cant find any clear definition of what that term means. My unit was not extra stuff. It was the contents of my 3bdrm home.The most heartbreaking loss is ALL the photos of my daughter, grandparents & dad who r all passed away & other photos, as well as all my personal records/papers/momentos.Then theres

my many antiques,jewelry, designer wardrobe, art, etc. Literally,all I have left is 1 suitcase! PS ruined the rest of my life & broke the law when they did it.I will sue them if its the last thing I ever do!Thanks 4 yor time.

ANSWER: You can try having a lawyer submit a request of PS. Before you do that if you found out there was NO DM doing the storage unit auction the day your unit was sold you should try to find out who conducted the sale. If PS didn't have a DM at the time they may have used another DM or just a manager or anyone who doesn't no state auction laws and process. You should be able to find out where the storage unit auction / sale was advertised and get a copy of the ads. Most state laws require the storage company to advertise 1 time a week 2 consecutive week prior to the auction date. Most news papers keep a copy of All the ads they run as future reference. ALL PS in CA. state use the same contracts you may be able to go to another PS location ask for a copy of their contract saying you would like to read it before you rent a unit. Commercially reasonable manner, is usually referred to which is commonly excepted in the industry. A professional auctioneer knows the auction law & has the ability to work the crowd to get a greater return on the items in a unit. Again you should be able to ask the storage location how much your unit sold for and how much if any was turned into collections. I would think that if you had the contents of a 3 bedroom home with other items a experienced auctioneer who helped advertise the sale on their web site should have gotten more then what was owed. You should have gotten Money back. This would give you information on what the sale of your unit brought. Keep in mind all the information you can collect is good if the information you collect and later the information the lawyer gets from the storage company should match if it doesn't there is a problem. You need to do your detective work other wise you can get text book information and you wouldn't know any difference. That way you'll know if the information was correct and if You wish to proceed with any farther process. I'm sorry to hear what happened to your items, I'll say storage units are sold everyday some storage companies do the storage lien process correctly, But others use the process that is far from state law. If you do your home work / leg work this will generally pay off for you in the future. Thanks again. I Hope this helps  

---------- FOLLOW-UP ----------

As to finding out who conducted the auction of my unit- do u think PS willl tell me w out a fight?When I initially spoke w PS about the auction,they told me my unit sold 4 $50.00. That was insult 2 injury!! I cant see how selling the contents of a 3bdrm home for $50.00 could be considered 2 have been done in a  "commercially reasonable manner" by any stretch of the term.When I requested my contact info b given 2 the buyer they refused, telling me it would b a waste of time cause the buyer had already disposed of all photos etc and sold everything else in his "store". I asked about the so called store and their story changed.Suddenly theres no store but the buyer is a prof, so they were sure everything was gone.  Their story changed so many x, Im glad I thought 2 write it all down!I ask u,how could they have immediately known what the buyer did w my property w out asking buyer?Why would they change their story repeatedly?There is only 1 story when its the truth bein told. I did find out the buyer wasnt a prof.
barend31
 
Posts: 43
Joined: Fri Apr 01, 2011 6:39 pm


Return to Rental Law

 


  • Related topics
    Replies
    Views
    Last post
cron