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In our storage building for past 5 years are 2 skydiis on trailers.

Customer Question
Owner paid and remove in...
In our storage building for past 5 years are 2 skydiis on trailers. Owner paid and remove in 2001,2,3 the no responce to bills of phone calls. Thease are nice loking units and ran in 2007 as tested and fogged down. We want to gte rid of the two units. Police repor shown no loans or stolen repor on the two VIN or trailer numbers. I want to send regestered letter to end thid before winter. What is the proceedure? Carroll LLC 16474Palmyra RD., Diamond, OH 44412 XXX-XXX-XXXX [email protected] THANKS if fee is need advize and we will forward
Submitted: 8 years ago.Category: Legal
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Answered in 3 hours by:
6/11/2010
Lawyer: Barrister, Attorney replied 8 years ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,101
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello,

 

Under Ohio law you have a lien on the contents of the unit. You have to send notice to the owner's last known address stating that you will sell the units if they don't respond within 10 days of the notice and pay in full. There are specific requirements below 1-7 which state what the notice must include.

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After you send notice and they don't claim the property and pay up, you have to put a notice in the paper once a week for two weeks and then can have a sale 15 days after the first published notice.

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After the public sale, you get to keep any amounts owed to you including expenses of sale and must send any excess to the person certified mail. If it is returned to you, you have to hold it in an account for 2 years and then can turn it over to the Department of Commerce, Unclaimed funds Division.

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(A) All persons [of] whom the owner has actual knowledge claim[ing] an interest in the personal property, and all persons who have filed security agreements in the name of the occupant evidencing a security interest in the personal property with either the secretary of state or the county recorder of the county in which the facility is located or the Ohio county of the last known address of the occupant, shall be notified in accordance with divisions (B) and (C) of this section;

(B) The notice shall be delivered in person or sent by certified mail to the last known address of each person who is required to be notified by division (A) of this section;

(C) The notice shall include:

(1) The name and last known address of the occupant who rented the storage space in which the personal property was stored;

(2) An itemized statement of the owner's claim showing the sum due at the time of the notice and the date when the sum became due;

(3) A brief and general description of the personal property subject to the lien. The description shall be reasonably adequate to permit the person notified to identify it except that any container including, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner that deters immediate access to its contents and that has not been opened by the owner prior to the date on which the notice is given may be described as such without describing its contents.

(4) A notice of denial of access to the personal property, if a denial of access is permitted under the terms of the rental agreement, which notice provides the name, street address, and telephone number of the person whom the person notified may contact to pay the claim and to either obtain the personal property or enter into a rental agreement for the storage of the personal property;

(5) A demand for payment within a specified time not less than ten days after delivery of the notice;

(6) A conspicuous statement that unless the claim is paid within that time the personal property will be advertised for sale and will be sold by auction at a specified time and place and that, if no person purchases the personal property at the auction, the personal property may be sold at a private sale or destroyed;

(7) The address of the place at which the sale will be held, if the sale will be held at a place other than the self-service storage facility in which the personal property was stored.

(D) The sale of the personal property shall conform to the terms of the notice as provided for in this section;

(E) The sale of the personal property shall be held at the self-service storage facility or, if the address of the place was included in the notice as required by division (C)(7) of this section, at the nearest suitable place to the self-service storage facility at which the personal property is stored;

(F) After the expiration of the time given in the notice, an advertisement of the sale shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county in which the self-service storage facility is located. The advertisement shall include:

(1) A brief and general description of the personal property as required by division (C)(3) of this section, except that the description shall describe the contents of any trunk, valise, or box that is locked, fastened, sealed, or tied in a manner that deters immediate access to its contents, if the trunk, valise, or box is opened by the owner prior to the date on which the advertisement of sale is published;

(2) The name and last known address of the occupant who rented the storage space in which the personal property was stored;

(3) The address of the self-service storage facility;

(4) The time, place, and manner of the sale.

The sale shall take place at least fifteen days after the first publication. If there is no newspaper of general circulation in the county in which the self-service storage facility is located, the advertisement shall be posted at least ten days before the date of the sale in not less than six conspicuous places in the neighborhood where the self-service storage facility is located.

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(J) The owner may satisfy his lien from the proceeds of any sale held pursuant to this section, but shall mail the balance, if any, by certified mail to the occupant at his last known address. If the balance is returned to the owner after the owner mailed the balance by certified mail to the occupant or if the address of the occupant is not known, the owner shall hold the balance for two years after the date of the sale for delivery on demand to the occupant or to any other person who would have been entitled to possession of the personal property. After the expiration of the two-year period, the balance shall become unclaimed funds, as defined in division (B) of section 169.01 of the Revised Code, and shall be disposed of pursuant to Chapter 169. of the Revised Code

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Link to all the laws:

http://www.ohiolandlordtenant.com/5322.html

 

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Thanks

Matt

 

 

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Customer reply replied 8 years ago
I do not expect many to attend sale. I owner come and bids low, I am out the rent. Can we put minimum bid on sale say 50% of rent?
Customer reply replied 8 years ago
I do not expect many to attend sale. If owner come and bids low, I am out the rent. Can we put minimum bid on sale say 50% of rent?
Lawyer: Barrister, Attorney replied 8 years ago

Nope, has to be an absolute auction.

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But there is nothing that would prevent you from bidding on it yourself to protect your interests. Bid up to your rental charges and then let it go on up. If you win, put the machines in the paper for sale or on craigslist and you will definitely make money on the deal.

 

Thanks

Matt

 

 

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