Self Storage Property Manager

[Born to Lease]

What is the name of your state? TEXAS

Recently, I rented a self storage unit & the Property Manager began harrassing me after about 3 weeks following the execution of my Month-to-Month lease. My experience tells me he is, among other things, inexperienced in the area of "customer service" and management. However, he has on several occasions caused me great concern that he is going to terminate my lease and I would like to determine what rights I have in order to forward a letter to the District Manager regarding the problems.

I have relocated out of state indefinitely (mother had surgery, & no idea when/if I will return to TX for reason other than to move my belongings elsewhere), and a couple of weeks ago I mailed my first payment following my relocation. I called the Property Manager (onsite office) to verify he received my payment, & the PM informed me that I have been "locked out of the unit for non-payment". I sent the payment in plenty of time to reach his office, even if the US Postal Service delayed delivery for some reason. Still the PM insisted he did not receive my payment.

I told him I would send another check out that day, and also offered to pay by credit card (a feature that is "available" according to the Lease, but the PM says is NOT an option--I would have to come into the office in person to make the payment, and the fact the Lease states "pay by phone" is not applicable) but the PM stated again that I had been locked out, and that my belongings are subject to be sold at this point.

I KNOW he cannot just decide to do this, but I am afraid he will. I have items such as baby books, photos, etc. stored inside the unit and I DO NOT want to lose these things. I have someone who is willing to go into the unit to remove such items, but since I am "locked out" I, nor anyone else, is allowed access to the unit.

I called this morning, since the 2nd payment should have arrived no later than Sat. but the PM said "no payment has arrived". I also sent a check via "Fed Ex" that was returned to me Undeliverable.???

Do the same Landlord Tenant Laws apply to Self Storage Property Managers? AND, included in my question, is it also illegal for a PM of a Self Storage property to discriminate against a tenant based on the fact s/he has a small child? Or, terminate the Month-to-Month lease simply because s/he does not "like" a tenant and the fact the tenant has a child?

Thanks guys, and hope all is well with each of you! I am sure you have noticed, as I figure things have been a bit quiet around the site, that I have been away for a while. I am sure, however, that several of you have missed me. No???

 

[Charleee]

I don't have a clue about the law in your situation; however, if you have a friend who could go by to remove your belongings, couldn't that person personally deliver your payment in cash plus two or three months payments in advance and GET A RECEIPT? It would seem that at least until you are able to sort out your legal standing, the manager would have payment and not be able to dispose of your property.

Good luck!

 

[Born to Lease]

A friend of mine went over there about an hour ago, with enough cash to pay one monthly payment. (I have more than $300 worth of checks written & mailed to this place, and if they cash them after I have "spent" the money, the NSF checks would add deadly fuel to a fire that is already flaming higher than I can handle.) He said there was an envelope on the desk, "over" the counter, that had my parents' return address and a "note" lying next to it--both in my handwriting (which is very distinctive). I think it was most likely one of the payments I have sent. The Property Manager told my friend that he would not be able to accept the payment as "payment in full" on the account and he would not be able to allow him access to the unit.

I am going to contact an attorney in the morning. I KNOW, legally, the PM cannot refuse payment, lock me out, and then sell my things based on his personal dislike of me. (History: I called 911 following one of the incidents, and he was arrested for criminal harrassment/threats???? We have not gone to court yet, but I plan to pursue the case--especially NOW with all the things that have followed the previous incidents. I called 911 because of warranted fear/recognition that he was out of control! He HATES my 4yr. Old Daughter??? This guy is C-R-A-Z-Y; AND the Regional Manager is NO smarter than he!!!) However, I do not wish to risk the fate of several items stored in the unit and I hope an attorney will be able to fix this mess. I just hope I can handle all this mess while living out of state. I cannot return to TX for at least 3-4 months, and by that time the items may be discarded or destroyed...and I will then be more than furious as I cannot replace many of the items in the unit.

Thanks for your reply, and the nice words!

HomeGuru, JETX, CA.LL, any of you have any information regarding this matter??? Thanks in advance for all help!

 

[Charleee]

Something else just came to mind that you probably should do immediately. In Georgia, these storage unit companies have to file documentation with the court and place public notices in the newspaper legal ad section for a given number of weeks (4 weeks I think), before they can actually dispose of property. Check with the local court clerk to find out whether this is required and whether anything has already been filed concerning this company and your storage unit. If it has, at least you'll be able to provide the info to an attorney to speed up the process.

 

[queenofsand]

Welcome back!

Ch 59 of the TX Property Code covers self-storage laws.

I believe management must notify you in writing, wait 15 days for you to respond/pay. If they don't hear from you, they have to publish/post the notification and wait to hear from you (15 days for publishing, 10 for posting) before they can sell your stuff.

It sounds like the manager doesn't have a clue and is being a PITA. Good luck!

 

[Born to Lease]

Update: I spoke with an attorney this morning, and after charging the $500 fees to my CC, he agreed to go over there and straighten out the mess and also pick up the items I should have never left there in the first place. My friend offered to pick up the items from the attorney's office, and then he will store them in a safe deposit box at the bank for me.

The attorney, whom I have used in the past, is a major A**Hole which is the best kind to have on your side. However, he is a criminal defense attorney and his knowledge of RE Law is zilch...I am going to try to find a RE Attorney, and try to sue the crap out of this company! They should know what kind of stupid people they have representing them, and I would LOVE to be the one who shows them!

Thanks for the response, and hope to report good news soooon! I had read what their legal responsibilities are; but my fear was trusting that they would actually decide to act lawfully, and the baby books, photos, etc. would be gone forever and it was not worth the risk. (I had to leave TX very quickly, as I did not learn of my mother's health issues until the very second that I had to leave the state to get down here to Mississippi~

 

[Born to Lease]

Breaking News...

OMG! I just went online to check the status of my checking account, and both checks that I mailed to the Storage Facility have been cashed! That means, the checks were both cashed no later than Tuesday at 3pm or it would not have shown up until tomorrow afternoon!!!

The attorney who went over to the place this morning was told the account was unpaid and therefore he would not be allowed to access the unit. I cannot wait unitl 8am when I call him with this information!!!

Is this PM out for blood, or is he just wishing someone would go ahead and kill him so his misery would end???!!!!

 

[HomeGuru]

Oh brother, do we even care.
Start your own blog website already.

 

[Born to Lease]

I found an excellent website that actually provided me with some great legal advice, and it turns out they were right! I have renters' insurance, so I am not too worried about replacement of the furniture, etc. but EVERYTHING we own is inside this unit which I am still locked out of...so LEGALLY, I am trying to secure the right to re-enter the unit in order to remove the items such as my kids' baby books, scrap books, birth certificates and shot records (school starts again in a few months, & these items must be produced at the time of registration) and other items and documents that are hard, or impossible, to replace. Therefore, the issue is of a HUGE concern to me and my children.

Thanks for the advice, HG. I will take my matters elsewhere, so I won't be bothering you or others with my problems...and I got answers that I needed too so it's a winning solution for all.

 

[Born to Lease]

I was just wondering why you used a storage rental unit run by someone you have pending litigation against. This is merely an observation, not a question.

******HUH??? I did not have any contact with this company (large) before I rented the unit.

Also, since you claim to be experienced in the landlord world, if your friend, who is NOT on the lease with you, had paid the bill and was allowed to go inside the unit where your property is, would you not feel that this was a potential breach of contract also?

*******No, since I have them listed as "authorized", on the Lease Contract, to access the unit. In addition, I faxed a memo to the office, providing additional documentation of my approval, to allow them access to my unit. (The management does NOT have a key to the lock on my unit, but I had over-nighted a key to my friend, FYI?...)

********Update: NO change as of this time, but I have received word from a guy who rents a unit across from mine that THREE huge locks have been placed on unit, and they have adjusted the cameras so they have clear footage, 24/7, of my unit door.

I do not care what "game" they play, as long as I get the items out of there that cannot be replaced.

Who wold have EVER thought that renting a damn storage unit would be such a pain in the ass, and turn into such a major ordeal??? Damn, I thought people in Mississippi were slow, but the storage unit I have had here for 22 years, storing a '66 Mustang and a couple of other items of value, has never presented me one bit of trouble...and I have not lived here in more than 20 years!!! My Daddy drives my car several times each month and, other than when I visit here which amounts to two or three visits per year, the unit stays locked up and it is mostly forgotten...except whenever I miss my cute little car with the fast engine, while driving my Honda Mama Car!

 

[dequeendistress]

Partial Quote:


Myself: "I was just wondering why you used a storage rental unit run by someone you have pending litigation against. This is merely an observation, not a question."

You
"
...based on his personal dislike of me. (History: I
called 911 following one of the incidents, and he was arrested for criminal harrassment/threats???? We have not gone to court yet, but I plan to pursue the...

etc.

Have you stopped payment on your excess of check payments sent, yet?

 

[Born to Lease]

I just re-read your post, and I realized what you meant about pending litigation...I would have moved my things out of there, but the situation with my mother having totally unexpected surgery and the need for me to come out here immediately left me without time to do anything other than just get here.

We have had 12 family members unexpectedly die since Aug. 2002, and 8 others who have suddenly fallen very ill requiring round-the-clock care...this is my 5th turn at playing home nurse!

 

[Born to Lease]

Partial Quote:


Myself: "I was just wondering why you used a storage rental unit run by someone you have pending litigation against. This is merely an observation, not a question."

You
"
...based on his personal dislike of me. (History: I
called 911 following one of the incidents, and he was arrested for criminal harrassment/threats???? We have not gone to court yet, but I plan to pursue the...

etc.

*******Read below, I believe you and I were typing at the same time...

Have you stopped payment on your excess of check payments sent, yet?

*******BOTH checks sent via US Mail were "cashed" earlier this week, and I did not stop payment on the checks prior to the date they cleared in the hopes they would be accepted as payment...I looked back over the contract, and although the payments are not due until the 18th, the late charges are not assessed until the TENTH day following the due date, and I have paid TWO payments for this month, both of which were cashed BEFORE the 28th, and both of which were mailed in PLENTY of time to reach their office BEFORE the 18th. (Which, I KNOW they did, but is another story)

I am going to fly to Dallas this weekend, since this is such a mess. I WILL get into that unit, no later than Monday am, and I pity the person who may have done anything whatsoever to damage or "misplace" my things...I am not a Betty Bad-ass, but as a mother I can be a real bitch.

 

[HomeGuru]

...I am not a Betty Bad-ass, but as a mother I can be a real bitch.

**A: now, I liked that comment.