Legal Question in Real Estate Law in New Jersey
STORAGE USA - N.J. Auction
I have been storing my family goods at a storage facility in N.J. Since 2000. Storage USA acquired this company last year and they recently sold all my belongings in storage which is valued at about $20,000. My husband and I own a condo and this is our ''Closet''. Minks, coats, children coats, furniture, etc. was in this facility. They told me that they auctioned off my belongings because we were 60 days overdue!. Yes, we were but we had so much going on that we forgot becasue we are currently under contract for a home purchase in NJ because it is a hassle to go back and forth to storage. I have a copy of my current contract wich states that they were to place an ad fourteen days consecutively before an auction. When I mentioned this, they said the policy of Storage USA differs. I did not sign an Agreement with Storage USA. They ''Judy'' then told me that she can make some arrangements on behalf of the person who purhcased my unit, so we can get some items back. I believe that this was an inside job because she kept stating that she lives in the Bronx, NY and the rules say that if a person does not pay in 60 days, then immediately Auction. She is the Property Manager and this is unaceptable. HELP..
2 Answers from Attorneys
Re: STORAGE USA - N.J. Auction
You have a good claim for the value of the goods. You are correct in believing that the sale of the company does not change your contract.
The problem that you will have is proof of what was sold and its value. The full extent of that problem will not be known until suit is filed.
Re: STORAGE USA - N.J. Auction
The other attorney is not quite correct, there are some other issues here. It WILL be important to prove what it was that was stored in the unit, and the value, but that is not the whole story.
The storage company had a contract with you. The terms of that contract, plus NJ law, will control what their duties were when you failed to pay. I would need to look at the contract, review applicable law on this area (bailment law, plus whatever the consumer protection statutes add), and advise you as to what your rights are. Then, the issue is how to get the best result for you.
You indicate that they may have 'sold' the contents to an employee; that should help you a great deal.
At $20,000, this is worth fighting them. Please contact me, and I will see what I can do to assist you.
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