When can the owner of my storage facility attempt to auction my belongings?

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When can the owner of my storage facility attempt to auction my belongings?

After my divorce I moved from NM to CO, leaving behind a large storage unit of stuff, including my ex’s things. When I was laid off recently she agreed to take over payments, but instead let the unit fall behind. I paid more than $500 last month to catch it up, and have about $300 left. The manager constantly threatens to auction it off, etc., despite my struggles to pay it. Where do I stand on this? I have fallen behind on other bills just to catch this one up.

Asked on November 10, 2010 under Bankruptcy Law, Colorado

Answers:

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

Answered 11 years ago | Contributor

Do you have a rental agreement?  What does the rental agreement state?  It is a contract that you signed and promised to adhere to.  If you are not paying then he can auction as per the terms of the contract.  So you are already in default of the rental agreement but putting yourself in to further debt is not a good idea.  So why don't you try and come to some agreement with the manager or rather the owner to pay off a bit of the back amount with each month's amount?  Maybe you should also consider moving to a smaller unit and asking your ex to take her stuff.  That would save some  money too.  Good luck. 


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