+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 18
  1. #1
    Monique220 is offline Junior Member
    Join Date
    Feb 2009
    Posts
    6

    Question Storage unit auction

    What is the name of your state (only U.S. law)? Florida

    I was not notified that my storage unit would be auctioned off. According to the employee I spoke to 1 day prior, I would be able to satisfy the balance by the next day. I called early that morning with no answer, not even the answering machine. While at work I called again and again. Same day, a few hours later, I called again, the property manager answered and stated that my unit was auctioned off earlier that day. Outside of fairly new furniture and clothes are my kids important informations, papers and other lifelong documents. Is there a law to protect people private information, checks,etc in a situation such as this...What can I do?
  2. #2
    racer72 is offline Senior Member
    Join Date
    Jan 2001
    Posts
    14,082
    I was not notified that my storage unit would be auctioned off.
    How many late notices did you get? What did the contract you signed state about non payment of the monthly rent? I would wager somewhere in there is something about auctioning off the contents of the unit if rent is not paid.

    According to the employee I spoke to 1 day prior, I would be able to satisfy the balance by the next day. I called early that morning with no answer, not even the answering machine. While at work I called again and again. Same day, a few hours later, I called again, the property manager answered and stated that my unit was auctioned off earlier that day.
    That happened when you were not there to pay the past due rent. I have been to many rental unit auctions and have seen folks show up and pay the rent prior to the auction. How did you plan to pay the rent over the phone?

    Outside of fairly new furniture and clothes are my kids important informations, papers and other lifelong documents.
    You apparently did not think the documents were valuable enough or you would have paid the rent or removed them from the storage unit. If you are lucky the buyer of the stuff may come forward and offer you the documents. Expect to pay a fee for this.

    Is there a law to protect people private information, checks,etc in a situation such as this
    Sure there is. The best is called personal responsibility. If any of the info is used to your detriment, call the police.

    What can I do?
    Chalk this up as a lesson learned.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  3. #3
    Monique220 is offline Junior Member
    Join Date
    Feb 2009
    Posts
    6

    Lightbulb

    How many late notices did you get? What did the contract you signed state about non payment of the monthly rent? I would wager somewhere in there is something about auctioning off the contents of the unit if rent is not paid
    .

    I wish I was late a number of month and recieved multiple notices!!! but that's just not the case here. The contract states of non payment of monthly rent but i am unable to find the statement concerning a certain number of days late due to uncontrollable circumstances. If you are familiar with such, feel free to let me know.

    Apparently, I do value my belonging and believe that I am responsible outside of your thoughts. I will not be paying a fee for my belongings at all. If the economy is that bombed for people to operate in such a way, then so be it. My issue has gone beyond the belongings...it's just not RIGHT!!!

    Not all persons have my story which goes beyond the small amount I felt like typing but it is NOT unusual for a company, primarily small companies to attempy to get away with incidents such as this.

    I am aware of calling the police. Thank you for your thoughts.
  4. #4
    cosine is offline Senior Member
    Join Date
    Feb 2006
    Posts
    1,953
    So why didn't you remove the belongings once you were going to quit paying for the unit?
  5. #5
    Monique220 is offline Junior Member
    Join Date
    Feb 2009
    Posts
    6

    Is it me?

    I am lost! Can you assist me with understanding where that question come from? Quit paying? Huh?

    Were you thinking of a question before you type the one I am reading?

    FYI...payment was a week late...maybe this will help you.
  6. #6
    libra58 is offline Member
    Join Date
    Feb 2009
    Location
    ~NJ~
    Posts
    90
    Quote Originally Posted by Monique220 View Post
    I am lost! Can you assist me with understanding where that question come from? Quit paying? Huh?

    Were you thinking of a question before you type the one I am reading?

    FYI...payment was a week late...maybe this will help you.
    For what it's worth: I know a group of folks that attend these unit auctions on a regular basis, have done so for years & years..On more than 1 occasion they as well as all other buyers for certain lots/units have been contacted by the storage facility due to error on the part of the facility to keep accurate records. Some units were the contents were sold..never should have been, so it can and does happen. The people I knew were happy to return the ill gotten items and were refunded their bid amounts..with the exception of items they re-sold before notification. If Your contract does not state terms that allow contents to be auctioned off for arrears of only 7 days (1 week) You do have re-course. The storage facility *should* have records of who purchased your property, generally at these auctions all bidders get a bidding number, you usually have to fill out a form with your DL# Name & address so at the end of the auction payments correspond with correct buyer & the correct items/lots/units.
  7. #7
    Monique220 is offline Junior Member
    Join Date
    Feb 2009
    Posts
    6

    Smile Storage unit

    Thank you for the valuable response to my concern. We are currently working on this situation as it has played out exactly how you stated in your reply.
  8. #8
    libra58 is offline Member
    Join Date
    Feb 2009
    Location
    ~NJ~
    Posts
    90
    I hope you get all of your belongings back..if not seek compensation if you can ascertain a value to the loss of anything not returned,Best Wishes.
  9. #9
    Monique220 is offline Junior Member
    Join Date
    Feb 2009
    Posts
    6
    Many of the items have been returned. However, it's always those most important documents that is currently unexplained. The materials things is a concern but NOT the major concern, they can always be replaced.

    Thanks a million!
  10. #10
    SundayLynn is offline Junior Member
    Join Date
    Apr 2009
    Posts
    1

    Response to Monique and other storage unit users

    Quote Originally Posted by Monique220 View Post
    What is the name of your state (only U.S. law)? Florida

    I was not notified that my storage unit would be auctioned off. ... Is there a law to protect people private information, checks,etc in a situation such as this...What can I do?
    A few words of caution to anyone who uses those commercial storage facilities. Always READ and RETAIN a written contract and all mailings that come from the storage business. Always notify the company in the event that you move, providing them with a change of contact info. (address/phone). Updating your phone contact is not enough, since many will send a certified letter of intent to auction to the last address on file. If you didn't bother to notify them of address change, that's your loss. Everything is stated clearly in the contract. If you have reservations about the rules/contract, leaving your possessions in the care of the property manager, or company in general DON'T leave them there. Always buy insurance independent of the storage company. And most of all: DON'T store personal documents or items you can't replace, such as things of value, and family photos, etc.
    If your things do get sold at auction, sometimes you can plead your case with the auctioneer or purchaser to get your things back. If you haven't paid your bill, these things truly belong to the purchaser - he/she is the rightful owner, and you are not entitled to have them back. That's a decision for the new owner.
  11. #11
    TnMomto2 is offline Junior Member
    Join Date
    Aug 2008
    Posts
    14
    I buy many of these storage units and just so you know, by law, they have to return your personal items. Examples are: Photo's, car titles, checkbooks, tax forms, etc. Usually the storage facilities will tell the people who buy them that they must save any personal items like that for at least 30 days after purchase. All you have to do is notify the storage facility and tell them you want your photos and personal items back. They HAVE to give it back, free of charge. If they don't, notify the police and file a complaint. Keep in mind that keepsakes are not considered personal items.

    As for the right or wrong of them selling the units, they have to have their money. If you default on a car payment, they will repo your car. Default on your house payments and they will foreclose on you. When times get hard, people tend to pay only the most needed bills which usually include car, house, insurance, etc... their storage units are usually last on the list and usually never get paid because the things stored in them are immediatly needed. But, self-storage places are a business just like any other. They have bills they have to pay and in order to stay in business they have to have their money.

    The best piece of advice I can give anyone is to NEVER store personal or important keepsakes in a storage unit and especially no photo's ! At the time you may fully intend to keep it paid but you never know what the future will bring and those things can never be replaced.
  12. #12
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    52,745
    Quote Originally Posted by TnMomto2 View Post
    I buy many of these storage units and just so you know, by law, they have to return your personal items. Examples are: Photo's, car titles, checkbooks, tax forms, etc. Usually the storage facilities will tell the people who buy them that they must save any personal items like that for at least 30 days after purchase. All you have to do is notify the storage facility and tell them you want your photos and personal items back. They HAVE to give it back, free of charge. If they don't, notify the police and file a complaint. Keep in mind that keepsakes are not considered personal items.

    As for the right or wrong of them selling the units, they have to have their money. If you default on a car payment, they will repo your car. Default on your house payments and they will foreclose on you. When times get hard, people tend to pay only the most needed bills which usually include car, house, insurance, etc... their storage units are usually last on the list and usually never get paid because the things stored in them are immediatly needed. But, self-storage places are a business just like any other. They have bills they have to pay and in order to stay in business they have to have their money.

    The best piece of advice I can give anyone is to NEVER store personal or important keepsakes in a storage unit and especially no photo's ! At the time you may fully intend to keep it paid but you never know what the future will bring and those things can never be replaced.
    First off: This thread is LONG dead. Don't necropost.

    Second - are you REALLY ready to make such a blanket statement considering the Op is from a totally different state?
  13. #13
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    52,745
    Even in YOUR state (TN), what you said is not true:

    66-31-105. Enforcement of lien.

    ...
    (J) A purchaser in good faith of the personal property sold to satisfy the owner's lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the owner with the requirements of this section
  14. #14
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    52,745
    And, just to be thorough, here's the FL law:

    Enforcement of lien.
    An owner's lien as provided in s. 83.805 may be satisfied as follows:
    ...
    (7) A purchaser in good faith of the personal property sold to satisfy a lien provided for in s. 83.805 takes the property free of any claims, except those interests provided for in s. 83.808, despite noncompliance by the owner with the requirements of this section.


    (And, in the interest of heading off the complaints before they can be made: )

    83.808 Contractual liens.--Nothing in ss. 83.801-83.809 shall be construed as in any manner impairing or affecting the right of parties to create liens by special contract or agreement nor shall it in any manner impair or affect any other lien arising at common law, in equity, or by any statute of this state or any other lien not provided for in s. 83.805.
  15. #15
    TnMomto2 is offline Junior Member
    Join Date
    Aug 2008
    Posts
    14
    Quote Originally Posted by Zigner View Post
    And, just to be thorough, here's the FL law:

    Enforcement of lien.
    An owner's lien as provided in s. 83.805 may be satisfied as follows:
    ...
    (7) A purchaser in good faith of the personal property sold to satisfy a lien provided for in s. 83.805 takes the property free of any claims, except those interests provided for in s. 83.808, despite noncompliance by the owner with the requirements of this section.


    (And, in the interest of heading off the complaints before they can be made: )

    83.808 Contractual liens.--Nothing in ss. 83.801-83.809 shall be construed as in any manner impairing or affecting the right of parties to create liens by special contract or agreement nor shall it in any manner impair or affect any other lien arising at common law, in equity, or by any statute of this state or any other lien not provided for in s. 83.805.

    Well in Tn, Az. and Tx. at all the sales they tell you that by law, personal property such as photos, titles and such have to be returned. The Storage Rental owners tell us that themselves. So I was going by what they state and I figured they should know. I know years ago I lost my storage shed in Tx. and I contacted the Sherriff and he made them give me back my Photo albums. So go figure.

    And BTW- the thread may be long dead but that doesn't mean people don't find it and read the advice listed in it, so any updated advice or opinions I would think are helpful. Doesn't matter to me though, this is the last time I will visit here. Ta Ta !
    Last edited by TnMomto2; 09-22-2009 at 05:02 PM.

Similar Threads

  1. Storage Auction --- What are My Rights?
    By DDP1983 in forum Arrests, Searches, Warrants & Procedure
    Replies: 8
    Last Post: 06-24-2012, 10:53 PM
  2. Storage Shed Auction
    By BzinFL in forum Consumer Contracts, Guarantees and Warranties
    Replies: 1
    Last Post: 09-15-2011, 09:47 AM
  3. Storage Auction Info
    By KellCrow in forum Consumer Contracts, Guarantees and Warranties
    Replies: 0
    Last Post: 05-17-2009, 07:18 PM
  4. Storage Unit let someone take a piano out of my unit
    By ugagrad03 in forum Small Claims Courts
    Replies: 1
    Last Post: 01-22-2009, 10:44 AM
  5. Storage Unit
    By JCanseco in forum Small Claims Courts
    Replies: 1
    Last Post: 10-30-2003, 07:47 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.