| Wrongful sell of property from storage units What is the name of your staWhat is the name of your state (only U.S. law)? The location of my storage units were in Crandall, Texas. I rented a total of (5) 10X20 units .I was the only one present to sign the lease. I put My husbands company name and his name on the lease agreement because we were in the middle of moving. My husband was working for a company that the storage unit owner once owned. He was not there to sign the lease and never did and never planned to. I say all this because I never got anything by mail by him, he has sent everything to my husband including the certified letter and certified bill. The lease was notarized by his wife who I never met so I don't know how she saw me sign my name on the lease that wasn't notarized prior to signing. I wasn't made aware until I was sent a copy of the lease. (isn't that illegal to notarize something when you never were there to witness and confirm the signature).
I have two copies of checks I wrote for the units in the past. I usually paid by cash and always hand delivered the money by meeting up with him at the storage units or taking it to his house in kemp.
Stated on the lease agreement the lease amount is $50 monthly....There is a $10 deposit per a unit. It also states that Any items left in building more than sixty (60) days delinquent will be subject to seizure and disposal at landlords discretion. I believe the law states that prior to taking over our property and selling it he has to give us written notice stating, list of everything he has removed or locked up, the total amount due by a set date to get items back. Also before the items are sold he has to post it in the public county paper for two weeks stating details of items for sell who's it belongs to and that its to cover storage rental fees plus cost of having sale. The published add should include; when and where the sale will be held of the property [/font]and . I dont know if you can find any loop holes in all this but may be worth looking over. I have read over the property code for storage space rentals (property code chapter 70.004 to 70.006)by reading I think you will see he has broken the lease agreement in many ways ( that's if you don't believe in single sided contracts). The last we have heard from him by phone was a return call by text on September 30 th. saying since I didn't hear from you within 30 days after certified letter was sent so I disposed of your belongings.
On Tuesday my husband received another certified document, this time its the one he says he sent us in August, but we only recall getting the bill sent certified. My husband picked it up and signed for it the first time and I did it yesterday. I must say I was shocked on the 3 documents inside. One a blank lease just like mine looked prior to filling it out (without being Notarized).The letter dated October 5th is addressed to my husband and states that enclosed is a copy of the lease that you signed for the storage units, But the lease is blank and once again he never signed one I did. The lease states the above mentioned parties have entered into the mini-warehouse lease. I am the only tenant listed above and below with drivers license number and signature on my lease for the 5 units, and was the only one there besides the owner. Back to the October 5th letter it states we haven't paid since May which is incorrect and I have proof. On June 11th at 10:13 am he sent my husband a text stating we have been locked out due to no payment. We then called him Back and I drove down to meet with him at the units to pay him $200. I took $140 of it down the street from my house in Flower mound and then another $60 in Seagoville on my way to Crandall. When I met him I gave him the money and told him there was extra to cover the late charges and gas for him driving down there to meet me and unlock the 5 units I had at the time. I told him that I would be unloading 2 of the units that I gave my prior 30 day notice on. After emptying two units I sent him a Text message back from my cell phone stating which two units were ready for him to lock up and keep. he responded back with a text.
my August bill that came in had no late fees shown on it just like it shouldn't.. I went to the storage units early in the morning on the 3rd to work on clearing out another unit and to pay him but before I could even finish loading up half of my trailer I dislocated my knee and was taken by ambulance to Kaufaman hospital where I spent most the day. After I was to tired and in to much pain I just had my husband take us home and that was the last time I made it out there so august was the first month not paid. On September 28th my husband went to pay him only to find out the units were emptied and he wasn't anywhere around. He called both numbers we have for him, went to his house and had no luck on making a payment before the 60 day the lease says we have. The first time we heard anything about late fees for July and august was from the bill dated august 21st
I admit I was late on my rent but not for 60 days. I would have only been 3 days late in august but I dislocated my knee at the storage units and left by ambulance. When I got out of the ER it was to late and I was in to much pain to deliver the rent for August. From that point on I had a lot of problems occur preventing me from getting there to pay him the money he was asking for on the September bill until my husband went on September 28 th to pay him only to find out that we don't have 60 days like the lease says before he gets to steal our belongings.
I spend many hours a day going through adds online to see if we can find some of our things to get back. So far I have found my sons quad and dirtbike that were listed on craigslist for sale. It costed us $300 to get them back. The man we got it from informed us that he got it from a auction 33 miles away from the storage units. He stated that the auction people told him that the dirt bike and quad dont have titles (the bike had tags still on it from California wich we carry the title to). I have titles for my boat motors,quads and kids dirt bike and my drz dirt bike motor.
Out of the five units i rented I was down to three units with an estimate of $20,000. I have paid for an attorney to write and send a demand letter to the owner , but we never recieved a response from the owner.
Now I dont have much money on hand at this time to pay more attorney fees. I dont mind doing all the research needed, I would do this on my own if I could but this guy is loaded so I dont think i'll stand a chance against his attorneys. I can use any help anyone can offer, I just cant back down and let him steal thing that we had to work hard to get, along with family memories, traditions and family history.
I ave 3 boys and I dont want them to think that its okay to treat people with less then you however they want. If I let it go and move on then they may never fight for what they beleive in as they get older. te (only U.S. law)? |