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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36206
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Cube Smart auctioned off the contents of my unit because I

Customer Question

Cube Smart auctioned off the contents of my unit because I was 63 days late with my payment. My Unit contained over 10K worth of household goods, furniture clothes and most importantly personal documents that cannot be replaced. I had moved and was in the hospital and could not be contacted. They have the name and phone number of the person who own the bid for my unit but will not contact them to ask for my documents. I want to sue cube smart. Can you help me please I am 65 years old and some of the contents were price less!
Thank you,
***** *****
Submitted: 10 months ago.
Category: Legal
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I am sorry to hear that this happened while you were in the hospital.

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Did the storage unit send you any written letters requesting payment and notifying you that the contents would be sold if no payment was received within 14 days after the letter date?

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Have you contacted them to get the number of the buyer of the unit?

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thanks

Barrister

Customer: replied 10 months ago.
I have personally contact them several times to get the number and I was told it was against their policy to give it to me. They told me they sent me letters, but I had moved. They could have found me if they really tried, other debtors have.
Expert:  Barrister replied 10 months ago.

I hate it that this happened, but legally they don't have any obligation to try and track someone down to notify them that they are delinquent on their rent for the unit. They just have to send any notices to the last known address the tenant gave them. I am sorry to say, but the burden is on you to keep in contact with them and update your address if you move so they can contact you with any notices.

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With that said, once the auction is conducted, it is done and there is no right of redemption for you as a tenant once all the contents are sold. If the contents sold for more than the rent and the fees, then you are entitled to submit a claim for the excess funds within 2 years of the sale with the storage company. But they don't have any legal duty to provide you information about who bought the unit if they don't want to.. I don't really know why they wouldn't, or at least contact the person themselves to see if they would agree to at least talk with you...

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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Barrister

Customer: replied 10 months ago.
You do not have to call me, but how would I find out how much they sold my items for, in order to submit a claim?
Expert:  Barrister replied 10 months ago.

but how would I find out how much they sold my items for, in order to submit a claim?

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You would contact the storage facility itself and they would provide that information because they have to keep copies of all public sales and send out a copy to the tenant's last known address. This is the law on it:

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Chapter 59. Self-Service Storage Facility Liens

Sec. 59.046. Excess Proceeds Of Sale.

If the proceeds of a sale under this subchapter are greater than the amount of the lien and the reasonable expenses of the sale, the lessor shall deliver written notice of the excess to the tenant's last known address as stated in the rental agreement or in a written notice from the tenant to the lessor furnished after the execution of the rental agreement. The lessor shall retain the excess and deliver it to the tenant if the tenant requests it before two years after the date of the sale. If the tenant does not request the excess before two years after the date of the sale, the lessor owns the excess.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

Customer: replied 10 months ago.
Thank You!!!
Expert:  Barrister replied 10 months ago.

You are very welcome. Glad to help any time, even if the news wasn't the greatest...

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thanks much

Barrister

Expert:  Barrister replied 10 months ago.

Hello again, did you have any further questions I can help with?