Legal Question in Landlord & Tenant Law in New York

Unpaid Storage Rent, how do we recieve funds?

We are a moving and storage company. We have one customer that is 17 months past due with an outstanding bill of $1700. We have sent several letters and notices, all ''certified'' letters come back unclaimed. What is the proper course of action we take in order to recieve payment/ auction off goods?


Asked on 2/12/04, 1:24 pm

3 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Unpaid Storage Rent, how do we recieve funds?

Sue them.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 2/12/04, 1:40 pm
richard feldman richard d. feldman

Re: Unpaid Storage Rent, how do we recieve funds?

your storage contract should have some provision for default. your letters should establish a drop dead date and then dump it

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Answered on 2/12/04, 4:51 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Unpaid Storage Rent, how do we recieve funds?

There are several ways to solve this problem. One is to obtain a judgment for 1700 and then 'foreclose' under the UCC for an auction.

As a bailor (storage company) you may, on proper notice, go straight to the foreclosure auction.

I can draft the proper notice and get it filed properly for very little. 100 dollars is plenty.

I think the problem here is that you need to draft your rental/storage agreement better. That would solve not only this problem, but also ensure that you are not faced with losing more money on this foolishness in the future.

Drafting a new customer contract is not expensive. What you need is one which creates a waiver enabling you to implement auction/dump on notice with no other action. I can standardize the 'notice' form to make it a one-time expense. You can use and re-use the same form for all of these problems.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 2/12/04, 5:25 pm


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