law suite

Laura
Laura Registered User, Advanced Operations Certified, Administrator Certified ✭✭
  • Laura
    Laura September 14
    Hello,
    I have a few concerns and a very angry customer.  It's probably my fault but they never signed a lease agreement for the unit.  They have been in the unit for a year now and have just recently discovered mice are inside eating everything. She has used her code to enter facility multiple time throughout the year and has never mention the mice until recently.  This has escalated to the point that now she is demanding my general liability insurance for all her claims to air born illness from the mice feces inside" my biohazard, miss managed facility".  She writes with ai and copies and paste allot of state laws regarding the rules and regulations.  Not to bore you with all the details but, with her moving into the unit and putting a lock on, would this not be the same as her signing the contract?  Not sure how the small claims court she will file against the property will look at this situation?  Any advice?  
    Thank you. 
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Comments

  • jimbo1956
    jimbo1956 Registered User ✭✭✭
    Some states recognise that a contract exists if the tenant pays and occupies whether they sign the lease or not. You might want to check your states law
    Most contracts state that self storage operators are not warehousemen and do not take care, custody or control of their goods even if you are negligent. Do you require your customers to provide proof of insurance or purchase coverage from you ?
    I would probably not engage with her and let the insurance carrier and their attorney handle it. A lot up people in many situations threaten lawsuits but seldom follow through. If she does let the insurance carrier deal with it.

  • MamaDuke7
    MamaDuke7 Registered User, Daily Operations Certified, Advanced Operations Certified, Administrator Certified, myHub Certified ✭✭✭✭✭
    Once she has made a payment, she has agreed to the terms even without a signed contract.

    But how did she even get access to put stuff in the space without a contract?
  • Laura
    Laura Registered User, Advanced Operations Certified, Administrator Certified ✭✭
    She had access when I moved her in over the phone and I place the contract in the unit for her to sign. I was out of town at the time.  I have not engaged with her, very mean person.  I require proof of insurance usually, but in this case somehow lost tract of this one.  I will however begin the long process of looking for everyone's contracts to see they are in the office and signed!  Also, same deal on insurance.  I don't know how to use sitelink to not let them in when they still need to sign a contract? 
     Thank you for your input, greatly appreciated. 

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