Storage Unit dispute - Take to Small Claims Court?

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frozengopher

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I rent the end unit of a brand new but small storage unit complex. This is an unsecured (no surrounding fence) 16-unit facility just off a major street in my community. Prior to the situation evolving that I will explain I had been late on my rent once but was "current" on my rent when this situation began:
I was contacted by the landlord (lady) and was told that I had to clean-up the ''east end'' of the units or I would be kicked-out. She referenced some beer cans, cardboard boxes, a broken microwave stand and some scrap lumber that had accumulated on that end (''my'' end). I told her that I "do my part'' when I'm there and often pick-up several aluminum cans and other debris that seemingly blows in the wind down to ''my end'' of the units but that the other refuse that had accumulated on the side of the building was not mine and that I didn't feel I should be held responsible for it. I also informed her that I had on one occasion essentially ''scared-away'' a carload of younger people that were parked on the slab in front of my unit and that I believed the building had become a common place for ''kids'' to pull-off the road and drink a few beers on summer nights as that end of the units is also partially protected (hidden) by a small stand of trees. Yet I did still offer to ''grab what I could'' the next time I was there but, again, the trash that was evidentally left there purposely was not my doing and I didn't feel I should be singled-out for the problem. Shortly thereafter she sent me another lease agreement with a very poorly written end note or ''addendum'' stating that I had to ''clean-up the east end of the units'' and sign/return it or face being evicted. The original lease agreement or this new one did not mention any ongoing responsibility regarding tidiness around the units but I felt that by signing it I would obviously be obligated to oversee the grounds essentially and clean them to her whim (at least on ''my end''). By phone I explained to her my position and reiterated that I was aware there was an issue (albeit small one) and that I would continue to do my part but would not sign a revised lease. I then sent her two-months rent payment (Nov. & Dec.) and a letter outlining my position as well in hopes that she would ''back-off'' and that I wouldn't have to deal with her pestering during the holidays. I did not hear from her throughout November and I had normal access to my unit and observed that the perceived garbage problem had diminished, partly because of my removing of the lumber and some other things as a courtesy basically.

(Note: I myself have owned/managed a small block of storage units in another community and have rented units from time to time in my current community for 15+ years from two or three different companies. More importantly, I CURRENTLY rent storage/warehouse space from four other entities and am very knowledgable of the local market . . . and I can say that the tidiness issues at the subject property are minor in comparison to what I see elsewhere in town.)

December rolls-around and one Sunday in the middle of the month I make arrangements to meet a gentleman at the storage unit to sell him a fairly expensive pool table stored within. The guy drove over an hour to see it. There's a second lock on my unit when we get there (I'm locked-out). I'm fuming and call the landlord. She doesn't answer but I leave a polite message. The guy goes home empty-handed (I think we should've just cut the lock off in hindsight... at least I'd have my $2K for the pool table). The landlords occasional billing statements are lacking basic information, usually misdated, and non-professional to say the least . . . she clearly doesn't know how to run Quickbooks and I think her bookkeeping is likely error-ridden so I don't know at the time if she thinks my December rent is past due (it was paid in late October) or if she's just decided to lock me out because I wouldn't sign her revised lease or both. After finally being able to reach her two days later, I find-out the so-called reason was both and I get a ''tough luck'' story essentially. The original lease agreement says, by the way, that written notice would accompany putting locks on units if they were behind on rent. She did not provide that notice. At the end of December I sent her another letter (no, not certified mail) that I would be pursuing a legal remedy and would not be paying any rent until the lock came off and that I wanted a month's rent credited for her error at the minimum. I have not paid Jan. or Feb. rent and she has not removed the lock from my unit. She has begun the eviction process towards me including two legal notices in the local paper.

I should've initiated a claim of some kind back in Dec. but was just too busy with the holidays and work, etc. I haven't been in small claims court in a long time.... what should I do? What are my rights? What do I ask for? Was I somehow obligated to sign a lease revision?
 
No, you are not required to change a signed contract (your lease). You could have done so, but are within your rights to have not done so.

So, here's what you do.

Take a video and puctures of the illegal licks she placed on your units. That is her legal undoing.

She effectively illegally evicted you by that act.

Show up in court, defend your case, be prepared to pay your rent (if you want to to stay in your unit), or you can escape the lease because of her illegal lockout!


If I were you, I'd consult an attorney.

After all, this is a business venture, you might want to have legal representation.
 
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Personally, I would move my property to another storage location and avoid any ongoing mess. It is simple enough to cut the lock and get your property out.
 
mightymoose: I know where you are coming from but facility owners drive by the units several times a day and would catch me in the act of removing articles (a days job) and they would surely get the cops involved. I'm not interested in creating that type of scene. They would keep my deposit and surely sue me for back rent etc...

army judge / others: tell me, can I create or request some type of injunction or stay thru a small claims filing....... auction/confiscation date of my unit is set for March 7 (Mon.).... that's within the 20 days that the owner would have to reply to my small claims filing. And assume she won't be served with it until next week sometime (roughly Mar. 2nd). what do I do? thanks to your help and some other research I've done I am pretty confident this matter will go my way in court but how do I get it into court before my stuff gets sold? would I have to request it gets immediately advance to district court? I'm not sure that's even an option for the plaintiff in a matter under $10K. I know you said I should consult a local attorney but do you have any further advice on the above if I decide not to do that?
 
Only a judge can order your eviction. Only a judge can have your belongings thrown onto the street, if you don't move.

A landlord can only ASK you to move. If you ignore that request, your landlord would have to take you to court and request a judge evict you. In most cases, if you cure the default (nonpayment of rent), you won't be evicted.

Bottom line: Even if your landlord files an official eviction action, and a judge rules against you, the process could yak anywhere from 30 to 60 days, sometimes longer!!!
 
mightymoose: I know where you are coming from but facility owners drive by the units several times a day and would catch me in the act of removing articles (a days job) and they would surely get the cops involved. I'm not interested in creating that type of scene. They would keep my deposit and surely sue me for back rent etc...

So what? Let them call the police. It is your property and you can do what you want with it. If they think you owe them money then they can take you to court over it... and that is what the police will tell them.
 
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auction/confiscation date of my unit is set for March 7 (Mon.)....

If there is any risk of your property being removed on that date then you best get it out first if you don't want to lose it.
There is nothing to stop the landlord from taking/selling your property. You can certainly sue for the value of your property if this happens, but if you would rather have your stuff, you better get it.
 
Army Judge: As I stated in my original post, the owner's have initiated an official eviction order (I assume involving a judge)... this has entailed the attempt to notify me by certified mail and two legal notices that have ALREADY been published.

please answer these questions specifically if you can:
1) does a petition for temporary injunction (against the auction) have a chance in hell? (not attorney assisted)
2) would it do any good to meet the cops at the storage unit now and show them that my lock has been cut-off? (doesn't that constitute illegal entry?) perhaps document with them that there is not a tidiness issue at the property?
3) what good are photos going to do now? won't they just say they are doctored?
4) like I was sort of getting at, can I request an injunction with or on a small claims filing?
5) if I satisfy the back rent, can they make me move out within 24 hours? that's what they're telling me.
6) please explain "Bottom line: Even if your landlord files an official eviction action, and a judge rules against you, the process could yak anywhere from 30 to 60 days, sometimes longer!!!" I don't think I will get to see a judge unless I file in small claims.... are you saying that I could extend things possibly 30-60 days or that I would be waiting for a resolution over that time frame and my stuff would have been sold right away....
7) what about something like a Petition for Wrongful Lien Injunction like can be found at findforms.com (Utah)
sorry to be such a hassle..... if you can provide any more input I'd greatly appreciate it.
 
It sounds like this is not a good do-it-yourself job for you.
Either get your property out of the unit and find another storage place or hire legal counsel to assist you with the mess at the current place.

There is only one consequence for you if you cut their lock to get to your property- and that consequence is that you will be responsible for the value of the lock.
 
Small claims courts do not have the power to grant injunctive relief.

I'm not inclined to develop an attorney-client relationship.

Your questions are too complex for short answers.

I suggest you speak with an attorney in your area.

As Moose suggests, this is not a DIY project.
 
if I paid the rent/fees (even though I dispute them) in order to get my stuff out, what happens if I cancel that check? (yes, they took a check). i want to see this get before a judge.... is canceling the check a better bet to make this happen or should i wait to see if they actually return my deposit (they're still supposed to, correct?) and then file in small claims? -FrozenGopher
 
Canceling the check is a good way to get the police to come knocking as this becomes a form of theft/fraud.
What is most likely to happen is that you will be a defendant in court for having issued a bad check.
If you feel you are owed money, the proper way to resolve the dispute is in court.

The cheapest way out of this would have been to cut the other lock.
 
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