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I live in an apartment complex and I also rent a storage…

Customer Question
I live in an...

I live in an apartment complex and I also rent a storage unit. One week ago, someone from the rental office placed a vacant notice on my storage unit. I called the rental office and left a message explaining that they placed a notice on my unit. I have not heard from the office, but I am wondering what are my rights if they discards the contents of my storage unit?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Georgia

Lawyer's Assistant: Has anything been filed or reported?

I am not sure if anything has been filed or reported.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

On two different occasions when I returned from work I found the storage room unlocked and open. There was no forced entry. I notified the rental office, They denied entering the storage unit.

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
11/12/2017
Lawyer: legalgems, attorney replied 7 months ago
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,392
Experience: Just Answer consultant at Self employed
Verified

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

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Lawyer: legalgems, attorney replied 7 months ago

I am sorry to hear this; is the rental storage unit part of the apartment lease?
Has rent been kept up to date and no violations of the lease/rental agreement?

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Customer reply replied 7 months ago
it is.
Customer reply replied 7 months ago
The rent is up to date, no late charges exsit
Lawyer: legalgems, attorney replied 7 months ago

Thank you;

The tenant has the right to the exclusive use and possession of the rented property. The landlord may only enter with permission, or in cases of emergency (ie flooding, fire, etc).

If the landlord enters without permission the tenant may consider this a breach of the lease, and sue for damages. Damages are typically

monetary damages suffered- i.e. loss/destruction of personal property

If the tenant can prove that the behavior keeps occuring they may argue constructive eviction and breach of the warranty of quiet use and enjoyment.

The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.

These are implied in every lease and cannot be waived.

If property is wrongfully disposed of the tenant may sue for the replacement value of that property. If the property has not been removed but there is a threat of its removal the tenant may sue for an injunction precluding entry, and violations can result in contempt of court citations, which may include as penalties, daily fines for noncompliance, the award of attorney fees and costs, even jail time to discourage the individual from the willful and knowing violation of a court order.

If the court determines there is constructive eviction the court may order the landlord to pay the tenant's moving costs, and any increase in rent (current rent compared to the rental cost of a comparable unit)

Here is a helpful booklet that summarizes all landlord/tenant issues.

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Lawyer: legalgems, attorney replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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