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Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Real Estate Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English explanations of Landlord/Tenant & Purchase/Sale
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Storage Unit Question. Colorado State. I have a client that

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Storage Unit Question. Colorado State.
I have a client that "rented" a storage unit to an individual through a different management company. There is no lease, and the the unit is a rented garage that is supposed to be tied to a rental unit, (that he previously occupied, but no longer does.)

He has an outstanding balance owed on his unit, and will not accept phone calls, e-mails, and did not pick up his certified mailing to leave the unit (mailing address is current.)

My client has not contract, and is owed money on the space, but would rather he just leave. The problem is that the individual performed some work for this client and has not been paid for it. The renter came up with a bill about 3 months after the work was performed for about 3 months of work with no itemizations of dates/hours/day. When asked to break down the hours, they seemed kind of "made up."

My client does not agree with the bill, and the renter will not vacate the storage space. This is between them, but they are looking to me for advice. What is the best legal and efficient way to deal with this?
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Jane Doe Deer replied 3 years ago.

Thank you for contacting Just Answer. I look forward to assisting you.

 

By using the eviction track, you've used one of the options I was going to suggest to you. The next step is court, of course. With a court order, the property can be removed from the shed.

 

Another option is mediation, but this isn't realistic if you can't find one of the parties.

 

So yes, the most prudent thing is to legally evict this person from the shed, as you are already doing. You will need proper service for court; a legal messenger service may be able to serve him, and then in court, request that the client be reimbursed for the cost of service of process (and the filing fee, interest, whatever).

 

If the "tenant" feels he is owed money, well, that's a whole different matter, and he can go after the other person through mediation or Small Claims Court.

 

These are two separate matters (legally) unless you are describing two halves of a married couple.

 

 

 

 

My best,

 

Jane Doe Deer

Customer: replied 3 years ago.
Can you please assist me with the propert eviction steps for a storage unit?

Much thanks!
Expert:  Jane Doe Deer replied 3 years ago.

Sure - and will you tell me if it's going to snow when I fly into Denver on Saturday? :)

 

Let me clarify one thing with you.

 

When the guy whose stuff is in the shed left it there, was he just renting the shed, period? If so, was there a monthly amount, or was it in exchange for the work? Or did he even rent the shed? Was he just storing his gear in the shed while he was doing the work?

 

I'm asking all these questions to find out whether this should be treated like a residential eviction or commercial eviction. I'm also trying to look at it from a basic contracts angle.

Customer: replied 3 years ago.
Snow on Saturday: I hope so! (We live in the mts.)

Renter: He lived in a space that came with the garage. When he moved out of the residential unit he continued to rent the garage. We got him to pay up about 6 months of tardy rents that he never paid the previous management company.

Now, he is not paying rent nor responding to owner or us. It is my best understanding that there is no exhchange of rent for work as he gave them a bill. (Not an itemization of work done and cost equivalent to figure out how much of rent was covered, but a "please pay me" bill.)

I guess I am concerned as it is a residential garage unit, but it was being rented as a commercial unit.

Again, no lease with previous company.

Expert:  Jane Doe Deer replied 3 years ago.

I'd treat it in the eviction as an "in the alternative."

 

The complaint can have a section where it says, if the court treats this as commercial property, here's what we are arguing and what we want.

 

In the alternative, if the court treats this as residential, here's what we are arguing and what we want.

 

Naturally, if there is a significant difference for you between it being residential or commercial, you'd want to let the judge know in what you write up which one you're asking him or her to call it.

 

However, I searched the CO statutes and the only distinction I can find is between house/apartments and mobile home parks. I don't see a special eviction procedure for commercial.

 

As you know, I can't give you advice on what's the better course, because that would be legal advice. But what I told you gives you both alternatives in one package.

 

Link to state statutes: http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=

 

As you may know, many courts sell the packet of forms needed for an eviction, or even provide them for free online.

 

Here is a good starting place to look for free forms and instructions: http://www.coloradosupremecourt.com/

 

Here are the eviction instructions I found: http://www.courts.state.co.us/Forms/PDF/JDF%20100%20FED%20Instructions.pdf

 

Here are what appear to be the eviction forms: http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/28

 

 

I'll assume that I have answered your question and will "ACCEPT" my answer unless I hear back from you with follow-up questions.

 

Bonuses of even a few dollars are much appreciated.

 

I REALLY appreciate POSITIVE FEEDBACK!

 

My best,

 

Jane Doe Deer

 

 

 

 

 

Jane Doe Deer, Lawyer
Category: Real Estate Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English explanations of Landlord/Tenant & Purchase/Sale
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