Help - She is Extorting me for money now in order to get my property back

[Sofisticado]

NEVADA

Hi - I am hoping someone can help me with advice towards a situation regarding my personal property.

I will keep this as short as possible - but feel it is important for you to have all information so that you can understand the situation.

I moved from Las Vegas, NV to the Reno area in Nevada in April. I moved up here looking for a place to live and was living with my girlfriend (now ex girlfriend) and her family from April until July. In July I found my own place and moved out of their house. Most of my stuff (furniture and misc. boxes) is in their storage locker. When I moved in with them and they told me to put my stuff in their storage unit there was no rent being charged to me, etc - as they were just trying to help me out while I was looking for a place. Now - because her and I broke up, they are being spiteful. I received a message from them today saying that I have until the end of the month to get my stuff out of their storage unit (and that is fine with me - just going to be difficult as I broke my ankle 2 weeks ago) - but I will get it out.

The catch is NOW they are telling me I owe them $50 a month for the last 6 months (April - September) and they will not let me have my property until I pay them. And if I do not pay them and have my stuff out by the end of the month they are calling Goodwill to take my stuff. As previously mentioned - they were never charging me to store my stuff, they offered to help me out as I was (and still am) in a tough situation. And obviously because there was never a conversation about me paying them anything, there would not be anything in writing saying I agree to pay them for this.

My question:
#1 - Can they legally do this?
#2 - I plan to have a uhaul and some friends ready next weekend to go get my stuff from the storage unit - I know I have to tell them so they can meet me and open it up so I can get the stuff - But should I also have the Sheriff Department come out to oversee it?
#3 - and If they refuse to give me my stuff until I pay them the $300 (even though again they have nothing from me saying I was ever needing to pay them for storing the stuff - and they only are doing it now because her and I broke up) - can the Sheriff force them to return my stuff, or what do I need to do?

I have not responded to their message they sent today yet - any advice on how I should respond?

Thank you so much in advance for any advice / help.

 

[quincy]

You do not have an agreement in writing and signed saying you would not be responsible for storage fees, do you?

If you had not been given a place to stay or store your property, you probably would have had to pay more than $300. Whether it seems fair or not, I recommend you pay what has been demanded and move on.

I don't see that a legal action would be worth the time or expense of pursuing - and I don't see that you would be guaranteed a victory in court if one were pursued.

 

[Sofisticado]

No I do not - but same is true in reverse. As mentioned I am in a very tough situation right now (financially) - I have not even figured out where I am going to get the money for the uhaul yet - so the $300 is non existent. I am not looking to Sue them - I am looking to get my stuff.

You do not have an agreement in writing and signed saying you would not be responsible for storage fees, do you?

If you had not been given a place to stay or store your property, you probably would have had to pay more than $300. Whether it seems fair or not, I recommend you pay what has been demanded and move on.

I don't see that a legal action would be worth the time or expense of pursuing - and I don't see that you would be guaranteed a victory in court if you were to pursue one.

 

[quincy]

No I do not - but same is true in reverse. As mentioned I am in a very tough situation right now (financially) - I have not even figured out where I am going to get the money for the uhaul yet - so the $300 is non existent. I am not looking to Sue them - I am looking to get my stuff.

You are in a tough spot. See if they will take less than $300.

 

[Sofisticado]

Thanks. Can they legally keep me from getting my stuff? Wouldn't that be theft? Should I just file a police report of theft and let the cops handle?

You are in a tough spot. See if they will take less than $300.

 

[quincy]

Thanks. Can they legally keep me from getting my stuff? Wouldn't that be theft? Should I just file a police report of theft and let the cops handle?

They haven't stolen your property. They have been storing your property for you for (what will be) six months (longer than your relationship with their daughter lasted).

I think $50 a month in storage fees is not unreasonable, even though I know you understood there would be no charge.

They should not prevent you from removing your personal property from their storage unit - but that is not to say they won't, or that they won't sue you for rent and storage later.

 

[Sofisticado]

I get that they should not - but CAN they legally. This is a legal question - not looking for personal opinion - Need Legal Definition

Sure they could sue me for rent/storage - but I know they would have to prove that there was ever ANY kind of agreement that I would be paying that from the start - they cant just get mad because I dated their daughter for 7 months - then it was "just get your stuff from storage when you can". I get they want it out now (I want it back too) and they don't want to store it anymore - have given me a deadline of end of month to get it. That is all fine. So I will go get it - but when they then say...…. but we want $300 before we give it to you, just cause - then that is Extortion and they are holding my property.

So again my question is - Do I get the cops involved then - they cant just decide all of a sudden they want money, though they never wanted it before. If anything, they said as of today $50 a month, I would think even then they would have to say come get it in 10days (or something) or start paying us. At which point, that's fine.

 

[quincy]

I get that they should not - but CAN they legally. This is a legal question - not looking for personal opinion - Need Legal Definition

Sure they could sue me for rent/storage - but I know they would have to prove that there was ever ANY kind of agreement that I would be paying that from the start - they cant just get mad because I dated their daughter for 7 months - then it was "just get your stuff from storage when you can". I get they want it out now (I want it back too) and they don't want to store it anymore - have given me a deadline of end of month to get it. That is all fine. So I will go get it - but when they then say...…. but we want $300 before we give it to you, just cause - then that is Extortion and they are holding my property.

So again my question is - Do I get the cops involved then - they cant just decide all of a sudden they want money, though they never wanted it before. If anything, they said as of today $50 a month, I would think even then they would have to say come get it in 10days (or something) or start paying us. At which point, that's fine.

It is a breach of the terms of an oral agreement, as you remember the agreement. The parents might remember the terms of the oral agreement differently.

At this point, this is a civil and not a criminal matter.

You could contact the local police to ask if they will do a civil standby while you retrieve your property - to better ensure there are no problems - once you know the date and time the parents will meet you at the storage unit. Not all police departments will have officers available for this.

 

[Eekamouse]

Here's the thing - how do you prove that your belongings are in their storage unit? I'll tell you how - you can't. Anyone who rents a storage unit is presumed to be storing things that belong to them. If you are foolish enough to store your things in a storage unit that does not have your name on the lease, you are at the mercy of the lease holder of that unit. Unless you can get a subpoena ordering them to reveal the contents of their unit, they don't have to let you, the cops, or anyone else know what's in their unit. If you want your stuff, pay them what they're asking and be done with it. A valuable lesson learned for you.

 

[quincy]

I agree that Sofisticado is not in the best position to argue for the return of his property without paying a reasonable storage fee.

It is too bad he didn't find a new place to live and to store his property before he broke up with his girlfriend. It would have saved him a few headaches (and possibly $300).

 

[Litigator22]

Here's the thing - how do you prove that your belongings are in their storage unit? I'll tell you how - you can't. Anyone who rents a storage unit is presumed to be storing things that belong to them. (?) . . . Unless you can get a subpoena ordering them to reveal the contents of their unit, (?)they don't have to let you, the cops, or anyone else know what's in their unit. If you want your stuff, pay them what they're asking and be done with it. A valuable lesson learned for you.

Just curious, but can you cite legal authority in support of your proposition that there is an "evidentiary presumption" that the goods held in a storage unit are the exclusive property of the lessee of the unit?

Even if it were so, how in this instance could it be sustained as a defense to a claim in replevin where the lessee has made demands on the OP that he pay for his use of the unit?

Also, on what authority are you suggesting that the OP could obtain "a subpoena ordering them to reveal the contents of their unit". Can you enlighten us as to an alternate and more expedited legal means other than through lengthy, costly and perhaps multiple stages of pre-trial discovery?

 

[quincy]

Just curious, but can you cite legal authority in support of your proposition that there is an "evidentiary presumption" that the goods held in a storage unit are the exclusive property of the lessee of the unit?

Even if it were so, how in this instance could it be sustained as a defense to a claim in replevin where the lessee has made demands on the OP that he pay for his use of the unit?

Also, on what authority are you suggesting that the OP could obtain "a subpoena ordering them to reveal the contents of their unit". Can you enlighten us as to an alternate and more expedited legal means other than through lengthy, costly and perhaps multiple stages of pre-trial discovery?

Litigator, do you have any suggestions helpful to Sofisticado?

 

[not2cleverRed]

Litigator, do you have any suggestions helpful to Sofisticado?

Nope. Catch22 is just trying to show off all the words he learned in school.

Just curious, but can you cite legal authority in support of your proposition that there is an "evidentiary presumption" that the goods held in a storage unit are the exclusive property of the lessee of the unit?

Even if it were so, how in this instance could it be sustained as a defense to a claim in replevin where the lessee has made demands on the OP that he pay for his use of the unit?

Also, on what authority are you suggesting that the OP could obtain "a subpoena ordering them to reveal the contents of their unit". Can you enlighten us as to an alternate and more expedited legal means other than through lengthy, costly and perhaps multiple stages of pre-trial discovery?

Well, I for one know that if the storage unit facility allowed others to remove things from my storage unit, without my permission, and I was up to date on the rent, I would consider a breach of my contract with the storage facility unless there were a court order requiring them to allow access.

The issue is that the lessee of the unit has a contract (lease), and so long as the lessee fulfils the terms of the contract (not limited to, but including paying the rent), random people not on the lease don't have to be allowed access.

You have missed to forest for the trees: Eek's point is, Sofisticado does not have the proof necessary to make the facility open the storage unit without the lessee's permission, nor the time (and money) to take legal action to force entry without the storage unit lessee's permission.

Sofisticado has 2 choices:
a) Pay the $300 and the stuff. (<-- It would be a good idea for Sofisticado to communicate in writing the terms under which this deal is agreed upon.)
b) Not pay, but gather proof of the $ value for the property, and sue for the return or payment of the value of the property. This is time consuming, and difficult. It is unlikely that Sofisticado has proof of ownership of all the property (receipts, photos, current value, etc.) that is in the storage unit, and it is likely that some of Sofisticado's stored property is purely sentimental in value.

P.S. Does "22" refer to your age?