Legal right to enter unit?

rmason

Have a unit that is being auctioned.  Unit is owned by female with ex-boyfriend's items in it.  He has gate code and key to unit but she has a restraining order against him.  They do not speak to each other.  She has dropped off the grid - no phone number and no address.  All mail (regular and registered) being returned as "not as this address".  He has called several times wanting his "stuff", but is not willing to pay.  Question - if he pays in full can he legally come and take his stuff as he has code and key?  

Dtinfla

Where I manage, if a person has the key and the access code, they can access unit as long as it's paid in full.  

Dtinfla

Question:  You say it's being auctioned.   Has the lock been cut for the auction process?  If so, then he no longer has a key to the unit.

i43storage

Since his name is not on the lease, he cannot legally come and get "his" stuff.  What if I came along and said it was "my" stuff?  That being said, here are a few points:

- I will take money from anyone willing to pay for a unit.  If he wants to pay, let him.  It doesn't mean you are going to let him into the unit.

- If he indeed has the gate code and a key, chances are the tenant of the unit gave it to him.  You have no control over who a tenant gives that information to.

- How do you know she has a retraining order against him?  Was this information she provided to you stating - "Do not let him in." - or was this information you found out on your own?

In the end, I would not let him into the unit.  Let him pay in full and get access himself or proceed with the auction and let him buy it back.  

Calling your SSA attorney in Florida for a little advice wouldn't hurt.  You may have specific statutes down there.

rmason

A few minutes after posting this the tenant came in and paid her unit . . . along with her boy friend!!!  She is back on the grid.  Always love a happy ending.   

MamaDuke7

Excellent.  That's the best possible outcome!!!