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moonshadow1 · Jul 8, 2013, 08:29 AM

My daughter rented a storage unit for me as a gift for mothers day recently. I reimbursed her for the expense. She didnr put the unit into my name right away. Instead, she has ended the contract and given the rental unit to an ex- family member to continue renting. The storage unit contains all of MY belongings, no one else should be able to have claim to it. My daughter and her boyfriend helped me move all my belongings into the unit. Now they have double- crossed me!! What can I do? The storage facility will not grant me access to the unit. My name was never added to contract. Please help!!

ebaines · Jul 8, 2013, 08:33 AM

Have you contacted the "ex-family member" to say you want to move your stuff out of the unit?

moonshadow1 · Jul 8, 2013, 08:40 AM

Originally Posted by ebaines

Have you contacted the "ex-family member" to say you want to move your stuff out of the unit?

Yes u have. She assumes I have some things that belong to her father, whom I had previously been in a long term relationship wirh. He has recently. Been sent to prison. We remain in contact but he has given her a power of attorney. She is only being spitefull. I have a few things of hefarhers

AK lawyer · Jul 8, 2013, 08:41 AM

It looks to me that she has, in effect, received your stuff, promised to keep it for you, and then broken that promise. She also seems to have loaned you the storage fee. I don't understand how it can be termed a gift. I suspect that she will disagree with your calling it a gift as well. A judge may very well agree with her, not you. Renting a storage space in her name, and accepting payment from you of the initial rent doesn't look at all like a gift. How do you figure it is?

I would contact the police and accuse her of theft by deception. If they decide not to prosecute, your other option would be to sue her for replevin &/or specific performance of the contract to rent the storage space in your behalf.

N0help4u · Jul 8, 2013, 08:42 AM

Is there anything in there that you can prove is yours? The storage was never in your name, you should find all the creative ways to prove the stuff is yours. Like a lamp in a picture taken in your living room, etc,. write an itemized list of everything they put in there and take it to the police and report it as stolen. If the cameras can show you helping moving the stuff into the storage it might be harder and the longer you put off doing anything about it will make it harder. Write the itemized list, gather all proof, take it to the storage facility and tell them that you are going to report the stuff stolen. They can say you gave them the stuff and the longer you put it off the more credible that story would be. They could say you just want to take what you gave them back for spite. But the sooner the better.

N0help4u · Jul 8, 2013, 08:46 AM

Since she has power of attorney it will be harder to prove. Looks like you might have to get the father to intervene and then I'd be happy with whatever you can get. I am sure with this newer info there is no way you will get even half of the stuff back. You made it sound like she tricked you out of YOUR stuff.

moonshadow1 · Jul 8, 2013, 08:48 AM

Originally Posted by N0help4u

Is there anything in there that you can prove is yours? The storage was never in your name, you should find all the creative ways to prove the stuff is yours. Like a lamp in a picture taken in your living room, etc,......write an itemized list of everything they put in there and take it to the police and report it as stolen. If the cameras can show you helping moving the stuff into the storage it might be harder and the longer you put off doing anything about it will make it harder. Write the itemized list, gather all proof, take it to the storage facility and tell them that you are going to report the stuff stolen. They can say you gave them the stuff and the longer you put it off the more credible that story would be. They could say you just want to take what you gave them back for spite. But the sooner the better.

thank you very! Much. I will try your suggestion.

moonshadow1 · Jul 8, 2013, 08:51 AM

Originally Posted by N0help4u

since she has power of attorney it will be harder to prove. Looks like you might have to get the father to intervene and then I'd be happy with whatever you can get. I am sure with this newer info there is no way you will get even half of the stuff back. You made it sound like she tricked you out of YOUR stuff.

Exactly! This is a nightmare! Thank you for the advice.

AK lawyer · Jul 8, 2013, 08:55 AM

Originally Posted by moonshadow1

exactly! ! this is a nightmare!....

Nightmares are created in one's own mind. Likewise, this situation is of your own doing. What possessed you to not rent the storage space in your own name?

moonshadow1 · Jul 8, 2013, 08:56 AM

Originally Posted by N0help4u

since she has power of attorney it will be harder to prove. Looks like you might have to get the father to intervene and then I'd be happy with whatever you can get. I am sure with this newer info there is no way you will get even half of the stuff back. You made it sound like she tricked you out of YOUR stuff.

yes she has done just that! And I don't understand her reasoning behind all of this, only that her father is using her to hurt me since he isn't able to at this given time. It's a long story, but still, everything dear to me as well as my neccesities are in that unit!

joypulv · Jul 8, 2013, 09:22 AM

Who is the 'ex family member' she has given the space to? Her dad, your ex?

You didn't have a hand in his arrest and conviction by any chance? Or did you just decide that you were going to take his stuff?

I'm afraid that this is a family stew that won't conclude in your favor. Small claims courts rule time and time again in favor of the person holding the contract, not the gift recipient - because you have no proof. In fact, by reimbursing her the rent you are doubly telling the court it wasn't a gift. However, small claims judges take a lot of leeway in considering families, and they may rule that you be allowed in to remove specific items of yours only, with her there, and a cop. You won't be allowed much time (if you even get it at all) so be prepared with a truck and some helpers.

N0help4u · Jul 8, 2013, 10:12 AM

Sounds to me like the OP and guy arrested were together (or he had not taken all his stuff out if they separated) until he got arrested and he didn't want her (the OP) having the stuff so he made daughter power of attorney and had her get the stuff out of there.