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View Full Version : What must I do to abandon my storage unit with a family member's property in unit?


Rritchie0415
Apr 7, 2012, 04:05 PM
My daughter and her husband were forced to leave their rental and subsequently moved in with me and my husband. I rented a storage unit for them to put the majority if their household belongings in during their stay with us. I have nothing of mine in the unit and they continue to delay moving their belongings out of the unit. I was forced to pay another month's storage because my daughter said that I allowed them to put their things there and I would be liable if I let the storage unit go abandoned. Is this true and what are my options?

Fr_Chuck
Apr 7, 2012, 04:24 PM
Hand them the key to the unit, and tell them to get it out or they need to start paying for it.

AK lawyer
Apr 7, 2012, 05:39 PM
... my daughter said that I allowed them to put their things there and I would be liable if I let the storage unit go abandoned. ...

Liable to your daughter or liable to the owners of the storage facility?

No, not to your daughter.

To the storage unit owner? Read your contract. Usually they will just lock you out of the storage unit until you bring the rent current. After a few months, they can sell the contents. I doubt that they will try to sue you personally.

keithbarlow
Apr 8, 2012, 11:19 AM
Storage companies are required by law to get a UCC filing on your chattels but most never actually go the extra step to get a deficiency judgment as a consequence of monies owed after a sale of the chattels

ScottGem
Apr 8, 2012, 01:08 PM
Storage companies are required by law to get a UCC filing on your chattels but most never actually go the extra step to get a deficiency judgment as a consequence of monies owed after a sale of the chattels

Please cite this law! I've never heard of any requirement from a storage place to enumerate what is being stored.

AK lawyer
Apr 8, 2012, 01:42 PM
Please cite this law! I've never heard of any requirement from a storage place to enumerate what is being stored.

I don't believe keithbarlow suggested that enumeration is required. But they are not, as he does say, required to perfect a UCC lien before they can sell the chattels. And it's doubtful that another UCC lien already perfected would survive a proper sale held by the storage place.

I am looking at a portion of one "self storage space" statute, which says that " ... however, in the event of default, the owner must give notice to persons who hold perfected security interests under the Uniform Commercial Code in which the tenant is named as the debtor."http://www.flsenate.gov/Laws/Statutes/2011/83.805. As I say, it is an open question whether a UCC lien would remain perfected after the removal of the chattels to a self-storage facility and co-mingling with other chattels.

ScottGem
Apr 8, 2012, 02:49 PM
Ahh I understand what you are getting at. In case of default the storage space might be required to inform anyone who has registered interest in the property of a pending sale. But I doubt if the storage company has any requirement to find out who the owners are.

So, the way I see it the daughter has to show the storage space that she owns the contents, but that would only require the storage space to inform her of a pending sale.

So what the OP does is hand the daughter the next bill and the key and tell her to pay the bill.