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Something that I didn't see clarified in the article. She received some of the mail at her new address but then it mentions about her forwarded mail time expiring. If she was only receiving the mail she did get because of the forwarded mail and not because the facility was physically sending it to the new address then I don't see her having a leg to stand on as I'm sure public storage's leases specify any changes to your address must be made to the facility in an official form of some type for them to update your account. I know for us if we got mail back with a forward expired address for someone in lien we would go that same day to send it to the updated address just to make sure we did our part.
I don't know PS's timeline for auctions but I've been told it's pretty quick compared to most. As far as her check being cashed in the same month it was auctioned it *could* be to do with them taking partial payments but having it specified in their lease that partial payments do not remove you from being sold at auction. Without seeing an actual ledger, notes and their lease rules to go off of it's hard to say for sure who was wrong in this case.
Most of the things listed in the suite P.S. list in their lease NOT to store at their properties & would not be covered under the insurance unfortunately. P.S. also requires change of Address in writing & signed by the customer, at least they did when I worked for them.
As far as the auction timeline that would depend on the state not P.S.
after first look, without seeing any additional info, I would say it should go in favor of the plaintiff. they apparently had her new address if she received the rent and insurance increases. and it seems pretty sketchy they didn't cash her checks until after it was auctioned off.
there's definitely more to the story but that's what I think so far, with what little info was given.
Ron, isn't the tenant suppose to notify the storage facility when tenant information changes?
I can only speak for California....
From an independent facility point of view, I want to avoid auctions if at all possible... If I know an address for a tenant is different then what's in the system, I will send the notices there in addition to the "last known address".
The facility is required to send the (lien) notices to the "last known address" (the last address with a signature). While we can also send additional notices to another address (such as a forwarded address we might become aware of) We happen to do that, but we are not required to.
(California B&P code 21701 (f) “Last known address” means that address provided by the occupant in the latest rental agreement, or the address provided by the occupant in a subsequent written notice of a change of address".)
It is the customers responsibility to inform the facility in writing (with a signature) of a new mailing address.
I figure if the tenant did not update her address with the facility, they have no legal requirement to send anything to a different address, or to hunt down the tenants new address.
That aside, it seems like there are other things going on.. she was sending checks, and the checks were cashed ....all the way up to the same month as the auction? There are always two sides to a story, and as my grandpa used to say "the truth lies somewhere in the middle".
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