Carilyn
los angeles,#2Author of original report
Fri, June 30, 2006
In ending my initial report, I was waiting for a reurn call from Blaine White. This guy took the week end (fine with me) to go onsite & investigate. When he did call me back, he said that he himself cut the lock, & everything was "fine" ????I asked him if he was the one that "cleaned " my space? - he maintained that no one cleaned my space, oh - and there was no couch. Hmmmmm..... ANYWAY, the end to this tale of woe was in small claims court, whwere the Judge apparently agreed with me that it was wrong to remove my items, but she had a hard time giving my missing stuff a value.I did not do my homework. My idea was that since the things missing were more of sentimental (my memorabilia book) irreplaceable (a botched set of matched books ) and inconveiant ( a sofa with no pillows !!!!) nature, that I could be restored by returning my rents paid. I sued for $2812.00 which was my accumulated rents. I also asked for punitive damages, again I did not do my homework- no punitive allowed in small claims.As I said the judge agreed to disagree, and she awarded me only $500.00 + my court costs. I hope they will not put anyone else through this, despite what amounts to a slap o the wrist.There was one person in the company that showed ANY type of finesse, or people skills - here's to hoping Vice President Claudio Flores can find his way out of the mucky company he now finds himself in.In summary - A American storage facilities are to be avoided, they are practising marshall law on their sites. Interesteing footnote * THEY NEVER PRODUCED THE LOCK CUT PHOTOS. Despite me asking repeatedly, they did NOT EVEN BRING THEM TO COURT. What does that tell you? The judge did not get the significance of that fact.Maybe I'll ask to vacate her judgement, and return, maybe I'll let it be - but for this forum The purpose is served. NOW YOU KNOW.
Larry
West Sacramento,#3Consumer Comment
Thu, March 23, 2006
My wife and I have managed self-storage facilities for several years in both California and Arizona. Most operators, when preparing to auction a storage locker, make a point of not entering the locker or handling the contents. Since most tenants pay up rather than lose their stuff at auction, we do not want to be in a position that this operator is now in, namely being accused of pilfering someone's belongings. When we cut a lock, we have another person from off-site present for the cutting. When we are done, the locker is secured with a company-owned lock, a serially numbered tag that cannot be removed without breaking it, and a wire seal. The seals remain on the locker until either the auction or until the customer pays off. I have been advised by attorneys with the self storage association that it is legal to move a delinquent tenant's possessions to another locker. I have never done this myself and know of no one who ever has, but this would obviously require going into the locker and handling the contents. The only reason I know of for doing this would be to reduce the amount of space that I was not collecting rent on. State laws often require that the contents of the locker be described when the legal notice for the sale is published. To me this implies that I am supposed to take an inventory of the contents of the locker. In actual practice, however, we just stand outside and list those things we can see without touching anything inside. One problem with this approach is that we do not know what we are selling. Does that sealed box contain dirty socks or an Uzi submachine gun? Once again the attorneys tell me that I face no liability if I sell that Uzi to a convicted felon at a public auction because state law says this is the remedy for collecting unpaid rent. Even though it is not standard practice, the storage operator may lawfully inspect, handle, and move the contents of a delinquent locker. But you mentioned that your storage operator disposed of some of your property. Unless there was some immediate hazard, I cannot imagine what lawful authority a landlord has to do that prior to an auction. One reason for going through the auction process is that state law gives this as the remedy for failure to pay the rent and by doing so the operator is relieved of any liability for loss of the property in the locker. The landlord that takes it upon himself to dispose of a tenant's property will someday find himself being accused of throwing away grandma's heirloom wedding ring. This may come as a surprise to most tenants, but auctions rarely pay off for the landlord. The storage operator is usually required to go for a length of time without getting paid before he can initiate the auction. He must mail out a series of letters, including some by certified mail, and he must pay out hard cold cash for a legal advertisement. The average locker auction does not generate enough cash to pay for all the expenses and lost rent. In the event that a locker sells for more than the tenant owes, the operator must give the tenant whatever is left over after paying off the expenses of the sale. The best the operator can hope to do is to break even and that happens maybe only one time in five. I normally will try to make whatever deal I can with a delinquent tenant to avoid an auction.