If I have 2 storage lockers with all I own in them but am unemployed, can I legally stop them from auctioning off my items even though I am behind by 3 months right now?

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If I have 2 storage lockers with all I own in them but am unemployed, can I legally stop them from auctioning off my items even though I am behind by 3 months right now?

I have tried to keep up with the payments and have talked to the manager about my situation. I am waiting on a social security disability claim as I am partially disabled and unable to find meaningful work. I have sent out more than 400 resume’s over the last 3 years. I want to keep my belongings and have stated that to the manager and promised to pay him in full, I kept up over the summer doing odd jobs just to pay the rent and late fee’s accured but things are slow right now and I want to know if I have acted in good faith towards the locker facility.

Asked on September 22, 2015 under Business Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You have acted in good faith, but good faith is not the issue when you leased the lockers, you presumably signed a contract or agreement or lease for the lockers. Your obligation to pay rent is a contractual obligation and is not affected by your unemployment or other personal difficulties the law does not require the other party to a contract to give up its right to be paid on time because of your situation. They can voluntarily choose to do so--for example, to temporarily suspend or reduce payments--but that is their choice the law does not and cannot force them to to this. And if you default on your obligations and breach that contract by not paying all the rent, they can take whatever steps the contract allows them, which most likely includes auctioning off the contents of the lockers, as well as, for example, suing you for the money you owe.


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