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If I do not have a written lease for a storage unit and the…

Customer Question
If I do not...

If I do not have a written lease for a storage unit and the tenant is overdue on the rental fee can I have the contents removed? (it is a vehicle with 2 flat tires and has not been registered since 2013)

Lawyer's Assistant: What state is this in? And how old is the car?

PA. Not sure how old car is. Don't think it's an antique.

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

I was going to have it towed, but spoke with local police before doing so. He told me that I had to meet with the local magistrate and possibly a lawyer. But, he did not know that I have no lease agreement, on paper, with the tenant.

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

The tenant began "renting" or storing the vehicle about 4 years ago and never paid on time, but now is about a year without payment! I want to rent to someone else. I have called phone number I have for her and emailed, PMed, and no reply.

Submitted: 7 months ago.Category: Legal
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Answered in 14 minutes by:
12/1/2017
Lawyer: legalgems, Lawyer replied 7 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,617
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 7 months ago

I am sorry to hear this; the court will find an implied lease if there is a holdover tenant; essentially the storage unit owner may, after 30 days, overlock the unit and have a lien on the contents; notice of the lien must be sent to the tenant's last known address; actual receipt is not required -it just needs proof of sending. Then after 72 days the storage unit owner may auction (after publication of the auction for a minimum of 10 days) the property in a reasonably commercial manner and apply the proceeds against the storage fees and costs; if the car is towed an insured and bonded tow company must be used.

Many small companies will hire a professional auctioneer to assist in the process to ensure that proper procedure is followed to help avoid liability for, example, failing to publish notice of the sale, or failure to conduct it in a reaonably commercial manner.

http://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2014&sessInd=0&act=145

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Customer reply replied 7 months ago
How do I put a lien on the content? (vehicle)
Lawyer: legalgems, Lawyer replied 7 months ago

By locking the storage unit and providing notice (written) to the owner; the important issue is proof of mailing since the statute only requires notice to the last known address; so receipt is not necessary; that is why the state also requires the publication of any auction in the newspaper.

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Lawyer: legalgems, Lawyer replied 7 months ago

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

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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.
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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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