How do I collect money for back storage and what can I do with the abandoned belongings?
Full Question:
Answer:
The answer will depend on whether the owner of the self-storage facility is still owed money by the relative. If so, the facility can sell the property after notice to the owner. If not, I sugest calling the local police department, as abandoned property ordinances vary by local area. Typiucally, they provide for notice to the owner to claim the property by a certain date.
I'm assuming you made an agreement with the relative to share the costs of storage. This would be a contract between you and the relative, which may be enforced in court by bringing a breach of contract complaint in court. In a breach of contract claim, a person may receive money damages to put them in the position he would have occupied if the contract had not been breached. In some cases, a letter of intent to bring a claim is sufficient to get payment. It may be possible to bring an action in small claims court, depending on the dollar amount involved.
The following is a NJ statute:
2A:44-191. Satisfaction of lien
An owner's lien for a claim which is more than 30 days overdue
may be satisfied as follows:
a. The occupant and the Division of Taxation in the Department
of the Treasury shall be notified;
b. The notice shall be delivered in person or sent by certified
mail to the last known address of the occupant;
c. The notice shall include:
(1) 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;
(2) 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 which deters immediate access to its contents may be
described without listing its contents;
(3) A notice of denial of access to the personal property, if this
denial is permitted under the terms of the rental agreement, which
provides the name, street address, and telephone number of the owner, or
the owner's designated agent, whom the occupant may contact to respond to
this notice;
(4) A demand for payment within a specified time not less than
14 days after delivery of the notice; and
(5) A conspicuous statement that unless the claim is paid within the
time stated in the notice, the personal property will be advertised for
sale. The notice shall specify time and place of the sale;
d. Any notice made pursuant to this section shall be presumed delivered
when it is deposited with the United States Postal Service, and properly
addressed with postage prepaid;
e. 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 where the
self-service storage facility is located. The advertisement shall
include:
(1) A brief and general description of the personal property reasonably
adequate to permit its identification as provided for in subsection c.
(2) of this section;
(2) The address of the self-service storage facility and the number, if
any, of the space where the personal property is located and the name of
the occupant; and
(3) The time, place, and manner of the sale. The sale shall take place
not sooner than 15 days after the final publication. If there is no
newspaper of general circulation where the self-service storage facility
is located, the advertisement shall be posted at least 10 days before the
date of sale in not less than six conspicuous places in the neighborhood
where the self-service storage facility is located;
f. A sale of the personal property shall conform to the terms of
the notification;
g. A sale of the personal property shall be public and shall be held at
the self-service storage facility, or at the nearest suitable place to
where the personal property is held or stored;
h. Before a sale of personal property the occupant may pay the amount
necessary to satisfy the lien, and the reasonable expenses incurred by
the owner to redeem the personal property. Upon receipt of this payment,
the owner shall return the personal property, and the owner shall have no
liability to any person with respect to the personal property;
i. A purchaser in good faith of the personal property sold to satisfy a
lien, as provided for in section 3 of this act, takes the property free
of any rights of persons against whom the lien is valid, despite
noncompliance by the owner with the requirements of this section; and
j. The owner may satisfy his lien from the proceeds of the sale, but
shall deposit the balance, if any, in an interest-bearing account with
notice given to the occupant of the amount and place of the deposit and
of his right to secure the funds.