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Storage Facility Operators Cannot Seize Property Without Notice
By Anne Bucher
With the popular reality TV show “Storage Wars,” storage unit auctions are reaching a wide audience. Numerous people tune in to watch with anticipation to find out what sorts of treasures will be discovered. While these shows are exciting to watch, they do not address the plight of the individual whose personal property is being auctioned off.
Auctions are held at self-storage facilities when a renter fails to pay their rent. While most states have laws that allow storage unit operators to sell customers’ property if they fail to make payments, they also have protections that grant customers certain rights.
New York Law Prohibits Storage Facility Owners from Selling Property without Notice
When you rent a storage unit, both you and the facility owner have a financial interest. The storage unit renter wishes to store personal property in a safe location while the storage facility owner is entitled to receive payment for the rental unit. Under New York law, the owner of a self-storage facility has a lien upon all personal property that is stored in the facility. This lien protects the owner in case the renter fails to pay rent for the storage space. When the renter fails to pay, the storage owner is entitled to enforce the lien by selling off the private property that was stored in the unit.
Under New York’s Self Storage Facility Act, the owner of a self-storage facility must provide a customer with written notice prior to taking ownership of the property. This notice must be either delivered to you personally or sent via certified mail with a return receipt. In the notice, the storage facility owner must provide an itemized statement of the amount you owe, a description of all property that will be seized, and the time and place of the proposed sale. Once you receive the notice, you are legally entitled to 10 days to respond to the notice. You can either pay the rent that you owe or you can dispute the validity of the agreement.
If Your Property Was Wrongfully Sold, You Have Legal Rights
Certain self-storage facilities have been accused of ripping off their consumers by failing to provide adequate notice before auctioning off the personal property that was stored in the facility. These customers are frustrated and angry that their property was sold without giving them a chance to bring their rent payments up-to-date. Many of these customers do not realize that they have legal rights and could be entitled to compensation for their losses. Residents of New York and New Jersey who have had their property wrongfully seized by a storage unit operator may be eligible to join a storage unit class action lawsuit to recover damages for their lost property.
If you are a resident of New York or New Jersey and have had personal property seized by a self-storage facility, you may be eligible to join a class action lawsuit. To learn more about your legal rights, visit the New York and New Jersey Mini Storage Property Seizure Class Action Lawsuit Investigation. When you submit information about your experience, a class action lawyer will conduct a free case review to determine whether you qualify to join a class action lawsuit.
Updated June 3rd, 2013
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2 thoughts onStorage Facility Operators Cannot Seize Property Without Notice
My husband and I worked for Storage Companies in Indiana and Phoenix, Az, and there were procedure we had to follow or the company could get sued. 1st notice and phone calls at regular intravels, 2nd notice is Certified mail and more phone calls, then the units would be listed in the local papers as up for auctions and again phone calls, plus they had up to time of auction to pay and take items out of facility.Some people will make all kinds of accusations, but you must have all relavent paper work, we never had any problems because we were required to follow procedures. Only a private company could make their own rules, but I have never known any of them, and would not work for them
Could you please contact me