Storage Owner Sold Property--no Lease Signed

[snicker_d]

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

I own a small self storage facility. I normally wait 90 days, send registered letters, and advertise 2 weeks then wait 2 weeks before selling contents. This time was different.

I had a tenant who put their stuff in one of my units and did not leave good contact information. After 2 weeks I entered the unit --instead of waiting the normal 30 days--because there was no way to contact the tenant and I could not get them to sign a lease agreement. I was aware that I was "at risk" as the tenant could have put toxic chemicals, bodies, or bombs in the unit--so after 2 weeks I entered the unit. I found letters etc, so I tried to contact the tenant via mail but got the letter returned. I then advertised the unit for 2 weeks with "address unkown". At that point I gave the contents away as this was not a normal situation and I only wanted my space back. After 35 days, the tenant finally contacted me because a friend of hers at another storage facility saw the add in the paper. She is now going to sue me. I need to know if I am leagally liable as
A--the tenant did not leave good contact information
B--the tenant made no attempt to contact me until after the contents were disposed of
C--the tenant did not have a lease agreement.
D--No money was ever paid for storage

Is this considered abandoned property? Isn't abandoned property in New Mexico eligiable for disposal after 14 days?

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

[Ozark_Sophist]

You are liable for damages. In fact, you can held to be criminally liable for at least a petty misdemeanor.

Either read, understand, and follow state law or sell the storage unit.

[FlyingRon]

Yep, unless the person moved into a unit without authorization (tresspassing) just because you forgot to get them to sign paperwork doesn't invalidate their tenancy.

[snicker_d]

No, did not forget to have them sign lease. They moved into a unit, and left a card with their name address and two phone numbers. Tried to call both numbers but they were invalid--people did not know who they were. Went to their physical address which was in the housing authority, and the door was ajar and the apartment was empty. Went to the housing authority to see if I could get a forwarding address, they would not give me any information. Sent a letter hoping it would be forwarded, came back. Advertised for 2 weeks trying to locate them. Nothing.

Assumed their stuff was "abandoned". I always keep things 90 days before advertising and a total of 120. Been in business for 13 years with no problems. This is the first one that has done something like this. I thought that since i did not have a lease agreement with them, that there was no legal liability. I made a good faith effort to contact them--they made no effort to contact me.

It is interesting as I called an attorney in Albuquerque, who said that since there was no lease, there was no liablitiy and also felt that I had probably been "set up" since they seem to know the self storage laws.

I couldn't find anything in the self storage laws of New Mexico that deals with a person who just puts their stuff in a unit, leaves a note and leaves the state. Everything in the law seems to refer to "the lease".

Thank you

[FlyingRon]

You should keep your unrented units locked in the future.