You’ve rented out your space for storage. You and the renter have an agreement on what will be stored, the payment, and the rules of use for the space rented. Things have now gone bad, and you must evict the tenant. We have created this page to be a resource on storage evictions. Please use this page as a resource. It is not legal advice.
Can I Evict my Tenant?
Reasons for evictions can include disrespecting the time and use allowed in the space, uncivil behavior, hostility towards you, the property owner, avoidance, or failure to pay the monthly storage fee. Or, maybe you no longer can rent out the space to the renter. As the property owner, you have the power to evict a tenant if the renter is in violation of the agreement. They can provide the tenant with an eviction notice and provide a time within which the tenant must leave the premises along with their items. You are responsible for making sure the correct action is taken, is just, and provides proof of the violation.
How to Start an Eviction
If your renter is in violation of the agreed-upon terms, there are things you can and can’t do as a property owner to properly serve an eviction notice. Beware that the eviction process will change your relationship with your renter. Be understanding but also be firm. It is best to first try and reason with your, renter address the issue, and give them a formal notice to correct their action. Try to work with your renter or give him or her an opportunity to leave before starting the process. If you work out a deal with your renter, be sure to get the terms of the agreement in writing. If you are fair and understanding to your delinquent renter, chances are you can solve the problem before it begins.
Locking Out a Renter
It does not take long for a renter to get behind on payments and for the rent to become insurmountable for the renter to pay. You will then be left with the contents of the unit including belongings and items that are not worth the amount owed in rent and now you will have to remove them on your own. By locking out your renter, it gives swift notice and action to the renter that you mean business and this needs to be resolved quickly. This also ensures you are more likely to get your money.
Follow the Law
As a property owner, you cannot begin the eviction process without first terminating the contract. This means giving the renter written notice, specified by your state’s statute. Laws vary from state to state so it is important to make sure you comply with your state’s statutes. There are different types of notices required for different situations and each state has its own procedure to follow. Different types of termination notices are required for different types of situations.
Again, follow your state's statutes, especially when disposing of personal property. Do not deviate from your state’s statutes for the disposal of personal property against debt. Most state processes are simple, but any misstep can lead to a lawsuit.
Lien Laws vs Evictions: Understanding Liens
What do you do if a renter goes into default? The answer, of course, depends on your state. A few states have clear procedures for obtaining ownership in the event of default. These procedures must be followed correctly. Wrongfully selling items can lead to a lawsuit.
More specifically, if a renter is storing a vehicle and is in default, most states have a clear procedure for obtaining the title and selling the vehicle, especially if there is a lien holder. They will need to be given notice, too so they can try and recoup their property.
Some states do not have a written procedure for the sale of a vehicle in default. So, you may have to research further. In some states the law is clear, and you can assert a lien on the vehicle. At the end of the day, almost every state’s statute is affected by the existence of a superior lien. If you are in a state where the solution is not clear, or the laws are too confusing. The best course of action is to start the eviction process to have the vehicle towed or the item removed from your property. This option is also the least expensive and least time-consuming.
Giving Formal Notice of Eviction
Give the renter formal notice. Email, hand delivers, or tape to their item the 30-day eviction notice. This is a good time to work with the renter and give the renter 30 days to get their items and vacate the property at no cost.
At STOW IT, we will also give our renter a 48-hour tow notice to the individual via email. We also contact the renter multiple times during this process to ensure the renter is aware of the situation.
You can find supplemental tools at the bottom of the article. You can also make your own eviction letter for free with rocketlawyer.com and even create other useful notices like a 30 past due notice.
Collecting Past Due Rent
You have successfully evicted your renter, but there are still monies owed. What do you do next? You have a few recourses to collect on past-due payments.
Small Claims Court
Some courts allow you to combine evictions and small claims lawsuits. They need to be related and include the same individuals. You can sue for any back-due rent at the same time as the eviction case.
If your court does not allow this, file a separate small claims lawsuit to pursue the owed rent money.
Garnish their Wages
If the judge grants judgment in your favor and agrees that the renter owes you past-due rent. A court order for this judgment will be issued and you can give it to the renter’s employer. The employer will have to garnish the renter’s wages and pay you before paying the renter.
Related Article: eHow: How to Garnish Wages for Back Rent
Garnish their Tax Refund
Believe it or not, you can actually garnish their tax refund! RentPrep does a fantastic job of explaining this process in the article: How to Execute Tax Refund Garnishments for Past Due Rent.
Wouldn’t that be a surprise if the tenant is expecting a $1,000 refund from the government, and it all goes to you instead?
Use a Private Debt Collector
Debt collection companies, like Rent Recovery Service, will help you collect the debt and will report it to the 3 major credit bureaus (Equifax, Experian, and TransUnion). It is important to let the credit bureaus know about this dead-beat tenant so that future landlords will know to avoid him/her.
There are many ways to recoup any monies owed. One way is to go to small claims court.
Protect yourself in the future
While you cannot always have the perfect renter, there are ways to protect yourself in the future.
Lease Agreements
Having your renter sign a lease or contract before moving in. A contract should state the following: Payments, terms of use for the space, any deposits, eviction process, and your liability as the property owner. For more information check out our article on creating a Storage Lease.
Background Checks
Background checks are a good way to find the model renter. Just be aware it may discourage potential renters from applying. Many renters do not want to pay for the process of running background checks because of the cost or because they do not want to pay for the background check and get denied.
Who has the title?
Know who has the title/lien on the vehicle. The best way to know is to have a copy of the title and registration.
Automatic Payments
Having this information in advance, as well as ensuring your tenants are set up to pay rent via an automatic bank withdrawal or credit card authorization, will greatly reduce the number of renters that end up in default.
Renting out your space can be a daunting task. But, knowing where to find the right resources can make it easier. Think of this page as a starting point for the eviction process and make sure you follow your state's law. Happy Renting.