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Spoken to LL. LL hasn't done anything about the situation yet, as LL understood that storage unit to be their property. However PMC is contesting that claim, saying it was another person's storage unit.
That's pretty messed up.
So the landlord says that to the best of their knowledge, they own that storage unit, and the building manager says they don't. I wonder if they do own A storage unit, but had you put your stuff in the wrong one. Or if the building manager is wrong. Both of them are human and can make mistakes. (Which doesn't take anything away from their liability for those mistakes). If the building manager mistakenly discarded your belongings from a unit you had the right to use, with no notice, they are liable. If the landlord had you put your belongings in a unit they had no right to, they are liable. Either way, someone owes you for your stuff if no notice was given.
But are you sure there was no notice? Do you walk by that storage unit every day, or is there a chance something was posted on the door, and you just didn't go by it for a few days to see it? If so, and they didn't make a mistake on the unit not being this owners, they may not have any liability.
There should be legal records about who owns what, exactly. What sort of dwelling is it? In my area, usually when there are storage units not attached to the actual dwelling, it is an apartment complex, but then one person/entity owns the whole complex. So I'm guessing it is a condo of some sort. The condo bylaws/CCRs should clearly state who owns what. See if either the LL or the Building Manager will give you a copy.
Well, I had last looked at the storage unit Thursday. No notice. And the property manager showed me an e-mail from 1pm Monday where the owner of the storage unit asked him to remove the stuff. By 4pm, it was in the trash and the valuable possessions were missing. In a way, I was lucky I even had the chance to recover what I did.
So he even confirms there was no notice whatsoever, because he didn't have to give notice. LL said this was going to be dealt with this morning and there has been no communication about the situation as of yet.
Update: 1 of 3 major valuable items magically turned up. That was nice.
Landlord response: They didn't directly say that they were in fact not the owners. But they very carefully admitted to it through the context. They tried to put the blame on me for putting valuable items in there.
No offer to pay me for anything. Its infuriating that people act this way. Its your fault.
I stand by and repeat the advice I offered earlier, viz: "It would also be a very good idea to write a return receipt certified letter to your LL/PMC stating all the facts (without any emotional embellishment) and asking them to immediately recompense you for the items disposed of and for the lock they cut. I know it's hard to set the anger aside but you have to deal with this quietly and professionally."
You said in the beginning that the LL physically showed you the storage unit and watched as you put your own lock on it. Since he now seems to be trying to weasel his way out of his culpability in this, you need to get that down in writing to him as your recollection and understanding. No matter whether or not he's going to agree with you or not, you need to get it written down as part of your documentation.
How interesting that some of the valuables have miraculously shown up. Document their return too - date, article and by whom.
The next step is to determine exactly what monetary losses you sustained. If you have receipts, get them together, if you can remember make and models or anything else, get a comparative replacement cost. If neither the PMC nor the LL is prepared to reimburse you for anything, only you can determine if it's worthwhile to file a claim in Small Claims Court, remembering that if you prevail you won't get the replacement value of anything but the depreciated value. The filing will cost you around $50 (which you'll get back if you prevail) and you need to claim against both the PMC and the LL. Hopefully they'll offer you something before it comes to this. Before you file, write to them one more time estimating your losses and advise them that if this can't be resolved amicably you'll have no alternative but to take further action. That alone often does the trick. Good luck.
A lot of states have laws regarding the disposal of personal property, and there's usually some sort of notice requirement like having to post a notice directly on the unit itself.
It's very likely that someone broke a law with the quick way that they disposed of your property.
Also look into laws regarding forcible entry and detainer.
A lot of states have laws regarding the disposal of personal property, and there's usually some sort of notice requirement like having to post a notice directly on the unit itself.
It's very likely that someone broke a law with the quick way that they disposed of your property.
Also look into laws regarding forcible entry and detainer.
Yeah i think it 7 or 10 days under VA law depending on the form of notice. I think that they need to post on the unit that the contents will be disposed of on the 7th or 10th day, and even after the date on the notice, they are still required to wait 24 hours before they can legal dispose of the property. So from the time they remove the contents, they have to hold it for 24 hours before they can toss it away.
A lot of states have laws regarding the disposal of personal property, and there's usually some sort of notice requirement like having to post a notice directly on the unit itself.
Quote:
Originally Posted by PacificFlights
Yeah i think it 7 or 10 days under VA law depending on the form of notice.
But the OP will still only get the depreciated value of his (proven) belongings if he prevails in court so (and particularly since he got back some of his things) still needs to determine whether or not its worth going to court. He won't gain anything over and above that value based on insufficient notice being given. His best bet is to get at least something from either the LL or PMC outside of court ...
Last edited by STT Resident; 05-03-2012 at 06:04 AM..
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