Legal Question in Landlord & Tenant Law in California

CA Storage Unit Que Please:

* I have a family friend who owes me money.

* He doesn't have the money to pay me but, he said he has a storage unit with many valuables in it and he will "give it" to me to repay the loan.

* Problem: he states that he's behind on the monthly rental fees (it figures right?)

* He's received some legal notices stating that he's behind on payments but, it hasn't been legally confiscated yet and has not gone to auction.

* He states that there are plenty of items in his unit (tools, furniture, antiques, collectibles etc) for me to sell and pay his late fees and give me plenty of money to get my loan amount back plus some extra.

Question Please:

* I don't have any more trust in this person and I would like to take him up on his offer and get his storage unit and see if I can sell the items to get my cash back.

* What step-by-step process should I use here?

* I believe I need to "beat" a deadline to get this done right?

* What forms should I use to do this? Power of Attorney? Bill of Sale? Assignment Form?

* I have enough money to pay whatever he owes but, how do I accomplish this since the rental unit is in his name. Plus I want and need everything to be legal and legitimate so I have the legal right to pay the fees owed and then legally get into his unit and get the stuff in his rental unit. I don't want to be accused of stealing by him at a later date.

* This sounds a little tricky so any suggestions or feedback you could give would be really helpful!

Please point me in the right direction!

Thanks

Generous "Banker"


Asked on 9/13/11, 2:43 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

You should start with an inventory of the property in storage. To do this you'll probably have to pay the back due storage fees to gain access. You'll probably need your debtor to accompany you or give you a letter advising the storage manager of permission to enter his unit. Once you gain access, inventory the items and transfer the storage locker to your name. I don't believe you need any special paperwork for this. Just ask the storage manager. Once the property is in your possession, do with it as you please, including getting a signed release from your debtor to all the property. Good luck.

Read more
Answered on 9/14/11, 7:57 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California