mini-warehouse nightmare

[burnE39]

I have been renting a small shed for the last year, paid in advance through the end of November of this year. Recently the some of the sheds at this facility have had been broken into. Mine was one of them. I met the owner at his house received a new key to the new locks and was told that theft proof locks would be installed soon and I would receive that key also when the time came. At this time I asked if I could rent a larger shed and told the owner that I wanted to move my stuff out of the small one and into the big one. I paid the security deposit on the larger shed and the rent for the last 2 remaining weeks of the month. I also paid the rent for the month of October a short time later. I returned on the 4th of October to clean out and move the small shed contents into the large shed only to find the new lock put on my small shed. I had never received a key or received notification that this had been done. No one was home at the owners house. I called him and received a "chewing out" from him stating that it was already the 4th and if I wanted to move out I should have been out by the 1st. I reminded him that I was paid up through November. He said "oh." I asked when I could get a key and he said when do you want to get it. I have very little free time and every day that I was free, he said that he wouldn't be home. So he agreed to put the old lock back on (the one I HAVE a key to) so that the next time I could get out there I would be able to get in. Now it's the 17th of October and I drive to the warehouse area, I pack my car full of stuff from my small shed, grab a big box and walk over to my large shed. Lo and behold this shed now has a new lock on it and I was once again never notified when this was done or sent a key!!! Once again the owner was not at home. I left another phone message and the next day he called and said that he was keeping my stuff secure. There is nothing in the large shed to begin with! Once again he asked when I could come and get a key and I said tomorrow, will you be home. Once again he said no, but perhaps I could come to his office (out of my way) and pick one up. I said will you be in your office between 1 and 3pm and he said no. Now I'm getting frustrated and I ask him why am I getting this attitude (he has been very rude). He said that I should quit "hem hawing around and pick a time!" I have given him WHOLE blocks of time and he has said that he won't be there. I then told him that I would be moving my stuff out completely, he said fine and hung up. My question is; Has this man done anything illegal when he locked me out twice of a paid for rental unit and am I entitled to get any money back from him for the larger unit that has been sitting empty for almost a month now because of a lock that I don't have a key for? Like I said before it is very difficult for me to find the time to get out there and move. I am a single mom and this "hem hawing around" on his part has cost me alot of money that I don't have. Please get back to me on this.

 

[Tracey]

You'll need to read your state's landlord tenant act, but not the residential portions, just commercial.

In general, I'd say you have a fine small claims court suit for breach of contract & interference with your property rights.

The owner was acting in your best interests when he notified everyone that he was putting on new locks after the break-in. However, once he takes that responsibility on himself, he has a duty to make sure he is available at all reasonable times to get people new keys. You gave him all kinds of times when you could be at the office & he refused to show up for any of them. I believe at this point his refusal to show up constitutes a breach of contract. Since he has never given you the key to the new locker, he can't charge you any rent for it & must refund your deposit. I'd also argue that he owes you a refund for the smaller locker November rent.

You can file theft charges against him if you like, but I doubt the police will do anything. The basis would be unauthorized interference with the property of another. However, since he's supposed ot keep the lockers safe, he can raise a defense of 'good faith claim of right or title'. (The right to protect your stuff.) You counter with the argument that his original changing the locks may have been done in good faith, but his continued & repeated refusals to give you keys to lockers you rented defeats the good faith claim.

Sue in small claims for your Nov. rent, the rent on the larger locker, & both deposits. Add a claim for theft/interference & see if you can sell it to the judge.

Good luck

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!