What is the process for evicting a tenant from a self-storage facility?

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What is the process for evicting a tenant from a self-storage facility?

I have a tenant who has rented from me for 23 months. They have been late on their rent 20 of those months. They have been up for auction (at least 60 days past due) multiple times. Last month they were to be sold at auction on the 23rd. They called me on the 22nd saying that they put the check in the mail the day before, but weren’t sure it would be their by Saturday. I told them I would hold off on auctioning it as long as it was received by the 25th. Otherwise I would evict them. I didn’t ever receive a payment. So what do I do now? I have only ever auctioned a unit, never evicted someone.

Asked on November 8, 2010 under Real Estate Law, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Is the tenant on a month to month contract for the storage facility?  Do you have a contract for the facility?  Then I would seek help from a landlord tenant attorney in your area on the proper methods and service.  You are going to have to give them notice that you want to evict the,  The type of notice depends on your contract or no contract.  Then they will have to be served with the notice. If they fail to pay again then there is a different type of notice to serve but that type may not give you the end result you wish.  This is not something that you should do alone the first time around.  Also, if it is done incorrectly then you can be out of luck and have to start all over again. Good luck.


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