Lien question, sale or dispose?

GM_SJ_BSS

In CT once a tenant reaches the Lien status, can the facility owner do as they wish with the unit contents?  For example could the facility owner donate the unit contents or dispose of them instead of doing an auction sale?  

i43storage

Sorry, I do not know the CT statutes.  I would suggest printing out your statutes on self-storage.

AKKathie

I would think there is something about the money generated from the sale paying off a portion of the amount due - it is after all their stuff they could have sold if they could have gotten to it.  Better tip toe on that one and check with legal.
With us, it goes to the dump.  All of it.  No impropriety of an employee taking something or us donating and taking the write off.

Shelley

That is how it is here in NV... If a unit doesn't sell we can dispose of it the way we see fit, which usually means hiring a dumpster.... Ugh! 

GM_SJ_BSS

will do,  thank you

GM_SJ_BSS

AKKathie said:

I would think there is something about the money generated from the sale paying off a portion of the amount due - it is after all their stuff they could have sold if they could have gotten to it.  Better tip toe on that one and check with legal.
With us, it goes to the dump.  All of it.  No impropriety of an employee taking something or us donating and taking the write off.

Thank you AKKathie, I appreciate the help.  We were trying to avoid having auctions or using a collection agency by offering quit and releases, after some research, looks like we'll be going ahead with auctions.  I've done plenty of auctions when I worked for corporate storage, so I am very familiar with the process.  This being a family owned storage, we were just trying to weigh our options to avoid that whole avenue, unfortunately some things can't be avoided lol....  

AKKathie

@GM_SJ_BSS look into Storagetreasures.com.  We no longer do on-site auctions.  Too much trouble.  Now it is sooo much easier.

GM_SJ_BSS

AKKathie said:

@GM_SJ_BSS look into Storagetreasures.com.  We no longer do on-site auctions.  Too much trouble.  Now it is sooo much easier.

Yeah I've used StorageTreasures for over 6 yrs when I worked for a corporate storage company.  I did tell the family I work for now about the online auctions as its usually cheaper than live auctions on the property with an auctioneer.  Not to mention out of the 6 yrs I did online auctions, there was only 2 times that we made more than owed on the account, usually took a loss and sent them to collections.  We just opened March 1st 2020, the 1st lock we cut last week, unit was completely empty, tenant would just not respond to us, not sure how hard it is to reply to phone calls, emails, txt and just tell us they vacated, the account went up to $600 owed.  Owners did not send to collections, wrote off as bad debt.... Im guessing as we gain more tenants, they may change their mind about sending to collections, as of now we have plenty of units available so that one unit wasn't holding us up.  I too prefer the online auctions, definitely easier......

Shelley

Here is the link to your state Statues for Storage Facilities... https://www.cga.ct.gov/current/pub/chap_743.htm

GM_SJ_BSS

Thanks Shelley.......I've actually done liens and auctions when I worked for corporate storage for many years.    The managers were actually the auctioneers for first few years, then corporate tried a live auctioneer, did not go well.  So we began online auctions, so I'm familiar with the procedure was just unsure if a family owned storage company that doesn't want to deal with collections had the right when a tenant is in default by law, if they could just dispose of belongings instead of selling, again seeing how they at this point will not be using a collection agency.  I was informed they must attempt to sell at least once, it doesn't get any bids, they than have the right to mark contents as having zero balance and can dispose of at that point.

Orkocean

That would still be something you would need to read the state statutes for. For instance I just had to read the Oregon statutes for the property we got here and they have a section specifically regarding how they have to be disposed of.

Doesn't apply to you as you said yours would want to donate them but just bringing it up in the aspect of some states do have items regarding the process in their statutes.

For Oregon they specifically mention how none of the items can ever become in the possession of the owners, employees, or even friends of anyone dealing with the site if they're just disposed of. And in the owners opinion of the items are worth less than $300 they can be disposed of without a sale needed.

MamaDuke7

Orkocean said:

And in the owners opinion of the items are worth less than $300 they can be disposed of without a sale needed.

Yes, your honor, I did determine that this Lamborghini is only worth $299.00.  

Shelley

MamaDuke7 said:

Orkocean said:

And in the owners opinion of the items are worth less than $300 they can be disposed of without a sale needed.

Yes, your honor, I did determine that this Lamborghini is only worth $299.00.  

No it is not in my possession, your honor... I donated it to my non profit... you know the one called "Nosale.com". smiley: 

Orkocean

MamaDuke7 said:

Orkocean said:

And in the owners opinion of the items are worth less than $300 they can be disposed of without a sale needed.

Yes, your honor, I did determine that this Lamborghini is only worth $299.00.  

Hah funny story... the prior owner is storing his Lamborghini he bought when he sold the place to us in a unit. Not even rented, its just an offline unit. You don't know how many times me and one of the owners this last week while on site commented about what we could do....