What happens when tenants leave items behind in a self-storage unit?
It might seem improbable, but from time to time, people forget they have a self-storage unit. Then there are times when tenants stop paying the rent on their storage unit, but all their belongings are left inside. Even if a tenant has stopped visiting their storage unit, the contract remains active until payment ceases or a notice to vacate is given by the tenant. Self-storage operators are not watching and counting every time a tenant comes to check on their items in self-storage. What are self-storage owners to do when a unit is vacated, but items are left behind? What do self-storage owners do when payments are no longer being made, but the self-storage unit is full? Let’s discuss.
Check the laws in your state.
First, check your state’s abandoned property laws. Then, contact your business attorney, who will advise on the business and tenant rights and clarify your options.
Notice to vacate
Notice to vacate is given by a tenant when they are prepared to vacate a rented space. It must be provided in writing and be given in the time frame required by the contract that was signed by both parties.
If notice to vacate was not given, then the contract remains in effect and active, and payment for the unit is still required. If notice to vacate is given and then the date has passed, the property left behind would be considered abandoned.
Abandoned property
According to Lease Runner, “Items left after the tenant has moved out for good, especially if they’ve stopped paying rent and haven’t contacted the landlord. This is typically indicated by the tenant’s extended absence without notice and failure to pay rent.”
This article provides a lot of helpful information.
If property is found abandoned after notice to vacate and rent is current, assume it was intentional. Follow best practices: notify the tenant, store the items, and after the waiting period, sell or dispose of items as allowed by law and contract.
- Notify the tenant at the last known address of the property left behind.
- Store the items securely.
- At the end of the waiting period, the items can be sold or disposed of in accordance with the law and the contract signed by both parties.
If the rent is not current on the unit, and the tenant was locked out of their unit due to failure to pay rent, the steps are slightly different. Following them correctly is essential to avoid any future litigation from the tenant. The main difference is that owners following the correct procedure can sell any of the items after notice has been given and the waiting period has expired to recover some of the remaining rent and fees due to the business.
Operating a self-storage facility is a great investment. We have built our entire business on the sale, purchase, development, and acquisition of self-storage facilities for our clients. We also work with them to provide information so they can be successful in their business. Call our team today at 904-591-0140 to learn more.