Cana storage company auction off my furniture even if they never called/mailed me about late payments?

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Cana storage company auction off my furniture even if they never called/mailed me about late payments?

My furniture is in storage. I received 2 notices, the last one stating they can auction off my furniture. However they used to call me before about late payments. This time I never received a phone call or letter in the mail. I don’t think it is right that they only emailed me. What if I don’t check the email?

Asked on July 16, 2011 under Bankruptcy Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You first need to carefully read your written contract that you have with your storage company as a start for answering your question assming you have a written agreement. Typical agreements on the subject spell out notice requirements for auctioning off contents within a storage locker if the tenant such as you fails to make the agreed upon monthly payments.

From your question and narrative, you apparently received notice of an intended auction of your contents stored for non-payment of rent. Perhaps now is the time to cure the problem and save your contents?

It is clear that the storage company believes it can auction off your furniture without calling or mailing you about its intent. Whether it can do so legally would be determined from your contract's terms.


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