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Ex-boyfriend wants me arrested for "breaking into" his storage unit

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HHNLover

Junior Member
What is the name of your state (only U.S. law)? California

My ex and I got a storage unit together a couple years ago. I had no idea he put it in his name only. We both had keys to the lock and a code to the main gate to get in.

A couple months ago we had a bitter break up. The unit is paid until June 1st. He has been texting me constantly for the last couple of weeks to get my belongings out of our unit. So I hired a moving company and moved out about half of my stuff [last night] - to another unit at the same location. However I did not put the lock back on "his" unit (it was dark and my daughter was tired, etc.). I honestly thought I did. I still have property in there; and I would never do such a thing on purpose. Well my ex accused me of breaking into "his" unit and and [possibly] taking some of his property. He is says he is going to call the police. The manager has now locked me out of my unit because of his accusations.

There is more to the story, like: I had him taken away in handcuffs a few months ago because he came over and started drinking [was drunk] for 3 days straight and got violent and destructive and would not leave my house. But I don't want to bore you with too many details as I do not know what might be relevant.

He wants me to meet him at the storage place on Friday morning to sort things out, but I don't really trust him (not to have me arrested).

So ... What, if anything, can I do? Does he have a valid case? Can/will I be arrested if he calls the police?

Thank you very much!
 
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Mass_Shyster

Senior Member
First, do not talk to the police unless advised to do so by an attorney. If he convinces the police that you had no right to enter the unit, and you admit that you entered the unit, they can arrest you. If you don't admit that you entered the unit, they really don't have much evidence against you.

If you are arrested, get an attorney.

Stay away from this abusive person.

You need to decide if your remaining belongings are worth the effort required to retrieve them. If you decide they are, bring along someone to act as a witness and possible bodyguard. If you get there, and the police are waiting, do not talk to the police unless advised to do so by an attorney.

You are under no obligation to talk to the police.
 

Zigner

Senior Member, Non-Attorney
The manager has now locked me out of my unit because of his accusations.
It's not "your" unit. The manager is doing the correct thing in denying you access. This is a matter you have to address with your ex.
 

dave33

Senior Member
What is the name of your state (only U.S. law)? California

My ex and I got a storage unit together a couple years ago. I had no idea he put it in his name only. We both had keys to the lock and a code to the main gate to get in.

A couple months ago we had a bitter break up. The unit is paid until June 1st. He has been texting me constantly for the last couple of weeks to get my belongings out of our unit. So I hired a moving company and moved out about half of my stuff [last night] - to another unit at the same location. However I did not put the lock back on "his" unit (it was dark and my daughter was tired, etc.). I honestly thought I did. I still have property in there; and I would never do such a thing on purpose. Well my ex accused me of breaking into "his" unit and and [possibly] taking some of his property. He is says he is going to call the police. The manager has now locked me out of my unit because of his accusations.

There is more to the story, like: I had him taken away in handcuffs a few months ago because he came over and started drinking [was drunk] for 3 days straight and got violent and destructive and would not leave my house. But I don't want to bore you with too many details as I do not know what might be relevant.

He wants me to meet him at the storage place on Friday morning to sort things out, but I don't really trust him (not to have me arrested).

So ... What, if anything, can I do? Does he have a valid case? Can/will I be arrested if he calls the police?

Thank you very much!


With the information you provided I do not see what you could possibly be4 charged with, unless of course you admit to "stealing" things that
you know did not belong to you.
In this situation you just need to be careful what you say.

I would show up- and sort this out and be done with it. goodluck.
 

HHNLover

Junior Member
Thank you all for the responses. :)

There are cameras everywhere at the storage facility, so they do have footage of me opening the unit that is in my ex's name (with my key), and moving some of my property out. So I can't really deny I entered the unit.

I went to see the manager at StorQuest yesterday and offered to sign something authorizing her to open MY unit so my ex could look at the contents but she declined. Everything in my unit is my property. I have no problem with anyone looking in it. Strange thing though, the manager called my ex the minute I left, to tell him I had been there.

And YES I did mean my SEPARATE storage unit that is in my name only, sorry about that.
 

Mass_Shyster

Senior Member
So I can't really deny I entered the unit.
I didn't say you should deny anything.

I said you should say nothing (unless advised by an attorney to do so.

Officer: did you enter the unit:

HHNLover: I'm sorry, but I do not wish to say anything unless instructed to do so by an attorney.

Officer: Please call your attorney.

HHNLover: I'm sorry, but I'm not willing to pay MY attorney to assist YOU with YOUR investigation.

stevef said:
You are under no obligation to talk to the police.
 

Zigner

Senior Member, Non-Attorney
If it were me, I'd be asking the police to remain on a civil stand-by while I went to MY unit to retrieve MY stuff.
 

justalayman

Senior Member
the fact the manager locked the OP's unit is a problem. Either he did so illegally or the police are already involved and it was locked by request of the police.


I would suggest treating this as if you will be charged with a crime. Follow steveg's advice in dealing with the police.


I would start with asking the manager why he believes he has a right to lock you out of your unit. He has none (barring any contractual rights you might have given him). As to retrieving the remainder or your property; I would meet the ex at the unit. You might want to be proactive here and take a friend with you who will be aware of you being arrested if it should happen. That way you can get bailed out asap.

A police stand by might be a good idea if you believe there will be any problems. Getting into a fight and this escalating to the point of you being arrested would not be a fun experience.
 

CdwJava

Senior Member
The management of the facility cannot lawfully deprive you of access to your property. Absent a court order his preventing you access to YOUR storage unit can be tantamount to theft as you are being deprived of your property by the willful act of another. If he is doing it to "preserve" what he feels might be evidence of theft, then the management needs to get the police involved.

Meeting him with the police might be the best way to get this resolved. They can either mediate the matter in some way and ascertain that there is no dispute about the property you took, or, they will suggest that you two go to civil court to deal with the matter. You had a key, you had a gate code, you had access privileges. The only way the police might be compelled to act would be if your ex signed a private person's arrest against you in which case they would be legally obligated to either arrest you or issue you a notice to appear in court.

From experience these are usually matters that the police will run away from quite quickly as they are civil issues and not criminal.

And if you do go there and decide to do the ol' "I'm not talking without my attorney," great. Understand that the only side of the matter they will hear will be his and they may have little choice but to arrest you if he says that you stole his stuff, and your entry and the removal of property is on video. Oops! You could go to jail when simply explaining that you shared the unit, you had your own key and a gate code, and you moved your property to your unit could have prevented a ride to jail and a booking. Seems silly to NOT admit the obvious. Yes, you entered the unit, YES, you moved stuff out - but it was YOUR stuff. Without that input, it will look like theft and while it might be your right not to say anything, is it worth going to jail and being booked on a felony burglary charge?

The police don't like being involved in civil disputes. Plus, they can probably convince the manager to release your unit back to you unless he can show some sort of good cause to deprive you of access to your property (such as an element of the contract or a court order).
 

Eekamouse

Senior Member
Only one person's name can be put on a storage unit lease (unless it is a company that rents the unit. Companies can list more than one person as authorized reps) so that's why only his name went on the paperwork and you should have known that since you did not have to sign anything when the unit was rented. Legally, everything in the unit is his as far as the storage facility is concerned. You having a key did not mean you had the legal right to enter the unit without his express permission. You leaving his unit unlocked means ANYONE could have entered his unit after you left and if anything was taken, well, guess who is responsible for that? You are. That was really stupid on your part. If anything was taken by someone else, it's likely your ex will put that theft on you. You could be arrested but I doubt it. It depends on how much of a jerk your ex wants to be. Never get a storage unit and store other people's belongings in it. It almost always means a headache down the road for all parties concerned.
 

tranquility

Senior Member
Seems silly to NOT admit the obvious. Yes, you entered the unit, YES, you moved stuff out - but it was YOUR stuff. Without that input, it will look like theft and while it might be your right not to say anything, is it worth going to jail and being booked on a felony burglary charge?
After a quick run through of all the facts the OP then looks down at her stuff and makes a flippant comment like, "The only thing he could argue was his is this gum. It's not my flavor, but his."

Something like that could be enough to convict a person for burglary rather than just be arrested for it.
 

Mass_Shyster

Senior Member
And if you do go there and decide to do the ol' "I'm not talking without my attorney," great. Understand that the only side of the matter they will hear will be his and they may have little choice but to arrest you if he says that you stole his stuff, and your entry and the removal of property is on video. Oops! You could go to jail when simply explaining that you shared the unit, you had your own key and a gate code, and you moved your property to your unit could have prevented a ride to jail and a booking. Seems silly to NOT admit the obvious. Yes, you entered the unit, YES, you moved stuff out - but it was YOUR stuff. Without that input, it will look like theft and while it might be your right not to say anything, is it worth going to jail and being booked on a felony burglary charge?
From your point of view, that may seem like a good idea. Understand that by the time I get involved, it's because the suspect has been arrested and charged (or about to be charged). Generally, s/he has said something to the police that wil now be used against him/her, in an effort to explain his/her actions.
 

HHNLover

Junior Member
I know how stupid it was. I've been kicking myself in the head ever since.

I just talked to the storage manager ... she pointed out that in the rental agreement under "Access" it states, "In owner's sole discretion, occupant's access to premises may be conditioned in any manner deemed reasonably necessary by owner to maintain order and protect security on the premises." The manager did say however that she would remove the lock in the presence of both myself and my ex tomorrow morning. She said she is sick of dealing with this and if he doesn't show she will remove both locks and be done with it. I'm not sure what will happen if I don't show though?? I don't want to show up to an ambush, but at the same time I want to show him/them I did not take any of his property. They do have a video tape of what I moved, but ...

Wow, this is so ridiculous.

Eekamouse, you are absolutely right - never again.
 

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