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10/31/2017

Can I set it up for auction since he hasn't signed? How should I proceed?

EZ Store and Lock, LLC. - Leah Owen

I am newly managing this facility. There is a customer who is past due on their rent; they have no lease on file. After attempting to contact the person for two months with no response; we sent an certified eviction letter. Still didn't respond; we had to stop by their home to speak with them. We gave them an option to pay a deposit to have access and move their items out; if nothing was damaged they would get it back (we just wanted them gone). Otherwise we would head toward auction. They sent a check on the last possible day, certified mail, paying for the following month and requested a lease to be sent to sign; they want to stay. We sent the lease telling them when it need to be signed and returned. We haven't heard from them; I haven't deposited the check, as I don't want to show a form of agreement without a lease signed. I found a past email showing a lease was sent to him originally, he never signed, that manager didn't follow through. Can I set it up for auction since he hasn't signed? How should I proceed? Thank you for any help you have!

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1 Comment

Kevin Leebrick on Wednesday 11/01/2017 at 09:10AM wrote:

Leah,
I'm not a lawyer and this is not legal advice.

This is the classic example of an implied periodic tenancy. What's that mean?
Each party has agreed to a certain condition that has been " implied" but not written.
In your case, you have agreed to store his items and he has agreed to store with you.
Sending him a lease changes the terms of the agreement after a period of time and the agreement becomes expressed, written. (7 days required for a month to month 1 month required for a year to year.)

By making/taking payment both parties have agreed to the lease. By you then sending a lease to them, whether they sign it or not, after a maximum of 30 days it goes into effect.

You have now ratified whatever the original agreement was and in effect created a tenant on a month to month lease, just as any other tenant is.

Should they decide not to save it from auction by making payment, follow your the lease that you sent to dispose of items.

Good Luck!

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