[storsmart]

I own a small self storage facility and from time to time we have renters default on there rent. After we follow the correct lien laws we end up selling the items in the unit to satisfy the rent debt. In some cases the tenant will make arrangements to pay and then not follow through, inevitably causing us to restart the entire process over. I would like to present the tenant with a letter stating their agreed abandonment of the items stored in the unit upon failure to comply with the payment arrangements? 1. Is this legal? 2. What should the letter say?

Thanks

[twinkiedooter]

Basically it should be worded that you are giving them legal notice of their failure to pay the rental money or their items will be evicted and that you do not accept partial payments for the late rent fees. What exactly does the contract you have them sign when they first come to you to rent a storage locker? Does it spell out in very undrestandable language that the rent must be paid in full each month with no partial payments allowed?

[Fr_Chuck]

You need to stop agreeing to payment and only accept payment, the proceedings should be clear, the unit will be sold, unless they pay by >>> date>>>.

So if it is not paid, you sell, if they come in and pay, it is not sold. If you are holding off the sale because they say they are going to pay, that is more of a management issue.

[AK lawyer]

... I would like to present the tenant with a letter stating their agreed abandonment of the items stored in the unit upon failure to comply with the payment arrangements?
...

They don't have to agree to anything. You have already done what you have to do.

... 1. Is this legal?
...

It depends upon what jurisdiction you are in, but...

... 2. What should the letter say?
...

It should say that you are in the process of doing what you have to do (summarize), that they desire to cure their default, and that in order to do so they will have to pay in full, including your expenses (specify) by such-and-such a date. It should clearly state that their failure to fully compy with such requirements will not affect your sale of the items in any way.

It would be well-worth the money to pay an attorney in your jurisdiction to put together a form letter for you.