Can I have an abandoned POD removed from my property? Can I charge the company rent?

[buxredding]

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

I am in Nashville, TN. We recently moved into a new home and used 1-800-PACK-RAT (a POD-like storage solution) to help move some of our things. We moved in May, had the unit unloaded by the first of June and subsequently gave the company notice to come and pick the unit up. They charged me for June, but have stopped charging. We have called and emailed the local franchise and the parent company weekly. We are told they will come pick it up, but never do. Can I charge the company for this? Can I have it towed away? Can I sell the unit to a competitor? Do I have rights?

 

[justalayman]

Can I sell the unit to a competitor?

a really bad idea.


What does your contract say to what happens when you terminate the contract?


Is there a local franchise anywhere close? How close?

 

[buxredding]

I was actually mostly joking about the selling part, though very curious about the legal angle.

Here are some more details as I recounted it elsewhere:

We had it unloaded by the 1st of June and subsequently gave the company notice to come and pick the unit up. We were to give them a week's notice, which we did. They charged me for June, but have since stopped charging. After emailing and calling the local franchise a couple of times to make sure they stopped charging us and would pick the thing up ASAP, I finally got this email:

1-800-PACK-RAT said: Subject: Your Completed Pick-Up of 7/8/2012
From: [email protected]
To: me
Date: Jul 9

Text: Dear Andrew,Thank you for your recent order with 1-800-PACK-RAT. We hope that we made your experience as satisfactory as possible.

...survey link and other niceties...

After getting this email, I looked out the window and the unit was still there. Hmm...

We have since called and emailed the local franchise and the parent company weekly, sometimes biweekly. We are told they will come pick it up, but never do. We are now in the 3rd month of rent-free living in my driveway. It's providing free advertising for the company in the meantime. I'm sure that my neighbors would prefer that it be gone.

At the minimum, I'm going to demand a refund for the month of June, even though their email paints the story as them picking up the unit on July 9.

I would like to dispose of it as I see fit or somehow charge the company for its rent-free advertising on my property.

 

[buxredding]

The local franchise is supposedly only about a half hour's drive away, but I have not visited.

 

[Mass_Shyster]

I would like to dispose of it as I see fit or somehow charge the company for its rent-free advertising on my property.

The problem is that it doesn't belong to you.

Try sending them an invoice for storage. See if that wakes them up.

 

[You Are Guilty]

How much is the thing worth? It looks like the "simplest" solution if the owner doesn't want it is to report it to the state Treasurer and let them auction it off:
http://law.justia.com/codes/tennessee/2010/title-66/chapter-29/part-1/66-29-116/

If you follow the reporting rules, you are given statutory immunity from suit (see section 66-29-116). Barring that, run an extension cord to it and rent it out to an undocumented immigrant as an apartment.

 

[justalayman]

if it is a s SeaPak or Connex type container, somewhere between $2000 and $4000 usually.

for fun, I would email them and tell them you are selling it at a sealed bid auction so if they want to bid on it, they need to respond within 3 days. Make sure they are aware it is the one they left in your yard.

The problem with you are guilty's suggestion is:

Upon the payment or delivery of abandoned property to the treasurer, the state shall assume custody of the property and shall be responsible for its safekeeping. Any person who pays or delivers abandoned property to the treasurer under this chapter is relieved of all liability to the extent of the value of the property so paid or delivered for any claim which then exists or which thereafter may arise or be made in respect to the property. Any holder who has paid moneys to the treasurer pursuant to this part may make payment to any person appearing to such holder to be entitled thereto, and upon proof of such payment and proof that the payee was entitled thereto, the treasurer shall forthwith reimburse the holder for the payment.

it would appear you have to deliver it to the treasurer. Not sure where they would accept that.


Another fun idea;

call the local rat pak franchise. Tell them you have a container like the type they use (don't tell them it is theirs). Tell them you need it moved but don't have the means of doing so so somebody suggested you call them and see if they would move it with their equipment, of course acknowledging you are willing to pay for their services.

You would need them to move it just about the same distance as that from their yard to your house. Strangely enough, where you need it delivered isn't actually that far from them.

Before they get there consider covering their logo and markings with something that is easily removed and won't damage their property (maybe tempura paint or something similar)

If you can get them to bite on that, schedule a time for them to come pick it up for the move. When they show up, tell them to load it up. Then grab the hose and wash off the paint and say; It's about fricken' time you came and got YOUR container. Bye.

 

[Zigner]

if it is a s SeaPak or Connex type container, somewhere between $2000 and $4000 usually.

for fun, I would email them and tell them you are selling it at a sealed bid auction so if they want to bid on it, they need to respond within 3 days. Make sure they are aware it is the one they left in your yard.

The problem with you are guilty's suggestion is:

it would appear you have to deliver it to the treasurer. Not sure where they would accept that.


Another fun idea;

call the local rat pak franchise. Tell them you have a container like the type they use (don't tell them it is theirs). Tell them you need it moved but don't have the means of doing so so somebody suggested you call them and see if they would move it with their equipment, of course acknowledging you are willing to pay for their services.

You would need them to move it just about the same distance as that from their yard to your house. Strangely enough, where you need it delivered isn't actually that far from them.

Before they get there consider covering their logo and markings with something that is easily removed and won't damage their property (maybe tempura paint or something similar)

If you can get them to bite on that, schedule a time for them to come pick it up for the move. When they show up, tell them to load it up. Then grab the hose and wash off the paint and say; It's about fricken' time you came and got YOUR container. Bye.

Once the grunts are there, they're going to pick up the container regardless of what logos are on the side...

 

[OHRoadwarrior]

I would make up very large signs, indicating your story and how they service their customers by leaving the units in their driveways, for several weeks after you have emptied them. Attach the signs to each side of the pod, visible to the street. Take pictures and email them to the company, along with the promise that your next step will be Facebook picture sharing and a YouTube video, if the unit is not gone within 1 week.

 

[chesly]

A tow company

Can only remove it you cannot sell it because it has a serial number,however you can call and advise the company that owns it if they do not retrieve it after seven days(fl law) as a home owner you can charge for storage and after that file for a lien than you will own it.

 

[FlyingRon]

The PakRat/ PODS storage container are not the metal SeaTrain containers. They're a strong floor with a PLASTIC box attached to it.

 

[HomeGuru]

I reported your post because of the personally identifying information.

**A: are you referencing PODS?

 

[TheGeekess]

Why is everyone necroposting?

 

[HomeGuru]

I for one rarely look at the dates of posts.