Consumer Law, Warranties Breach of agreement on rental storage space

[Gary_Strength]

A friend being evicted asked me to set up a rental storage space for his possessions. Our agreement was that he would return to sign a new contract putting the space in his name. Then he became almost impossible to reach- no forwarding address, never answered the phone, etc. Eventually, he did show up and went the rental business to sign a new contract. However, the business had a new employee and he tried to white out my name and put his name on the contract. Later, the hiome office rejected the name change.

My friend thinks it's in his name, but isn't paying the rent, so they came after me. His phone has been disconnected and I have not been able to reach him in over a month.

How do I get his stuff out so I can close out the space and not have to pay rent of his belongings forever? I'm not really a landlord in this situation, so I don't think this comes under unlawful detention. Is this small claims? What forms and proceedure must I follow? Can his possessions be seized for payment for breach of agreement? Shall I send certified mail a perform conditions or quit notice?

 

[dee_dub]

You close out the space by simply cancelling the rental. Sounds like it's still in your name (or else you wouldn't be paying for it). Just cancel it. If you can't get a hold of your former friend directly, leave messages with your mutual acquaintances that he has two weeks to pick up the stuff, a month if you're feeling generous.

You need to be reimbursed for the money you've spent on the rental so far. That's a matter for small claims. The forms and procedures vary by jurisdiction - talk to your local court clerk. But if you can't locate your friend to serve him with court papers, you won't be able to sue.

 

[Gary_Strength]

Breach of agreement

Thanks very much for your reply. I have little to go on about his whereabouts (probably by his intention) for small claims, so I just want to stop spending more money on a deadbeat.

What happens to the belongings he has in there? If I cancel the rental, does the rental place then dispose of it? I'd rather not have to deal with it- I'm a stroke survivor and it's 100 degrees now in Sacramento. I don't want him to come back later and sue me for loss of his stuff, thus exploiting me for even more money.

 

[dee_dub]

What happens to the belongings he has in there?

Depends on the rental agreement and your local laws. After you default on payment, the rental centre might have the right to sell the stuff at public auction. Usually they'll only do that as a last resort, after trying to secure payment from you in some other way, but since it's not your stuff you're not very motivated to pay.

The risk is that your friend might argue that you were obliged for some reason to continue to maintain the storage locker. That would seem bizarre to me - as you said above, he thinks it's in his name, so why would he be expecting anybody else to pay rent? You've taken all reasonable steps to apprise him of the situation, you shouldn't be faulted for his avoiding contact.