Storage Auctions

Florida Storage Unit Auction Due To Non-Payment

Florida Storage Unit Auction Due To Non-Payment
« on: November 07, 2014, 01:23:21 PM »
In the state of Florida, is it still required by law that the facility send the owner of a rental unit a certified letter prior to auctioning it's contents for non-payment?

Offline Travis

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Re: Florida Storage Unit Auction Due To Non-Payment
« Reply #1 on: November 07, 2014, 01:37:52 PM »
In the state of Florida, is it still required by law that the facility send the owner of a rental unit a certified letter prior to auctioning it's contents for non-payment?

According to Section 83.806 Enforcement of lien.
An owner's lien as provided in s. 83.805 may be satisfied as follows:
(1) The tenant shall be notified by written notice delivered in person or by certified mail to the tenant's last known address and conspicuously posted at the self-service storage facility or on the self-contained storage unit.
(2) The notice shall include:
(a) An itemized statement of the owner's claim, showing the sum due at the time of the notice and the date when the sum became due.
(b) The same description, or a reasonably similar description, of the personal property as provided in the rental agreement.
(c) A demand for payment within a specified time not less than 14 days after delivery of the notice.
(d) A conspicuous statement that, unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale or other disposition and will be sold or otherwise disposed of at a specified time and place.
(e) The name, street address, and telephone number of the owner whom the tenant may contact to respond to the notice.

Online alloro

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Re: Florida Storage Unit Auction Due To Non-Payment
« Reply #2 on: November 07, 2014, 01:39:00 PM »
A certified letter is one of the possibilities but is not mandatory if the notice was given in person, or properly posted on the property.

-----------------------------
83.806 Enforcement of lien.—An owner’s lien as provided in s. 83.805 may be satisfied as follows:
(1) The tenant shall be notified by written notice delivered in person or by certified mail to the tenant’s last known address and conspicuously posted at the self-service storage facility or on the self-contained storage unit.
-----------------------------
http://www.flsenate.gov/Laws/Statutes/2011/83.806

Re: Florida Storage Unit Auction Due To Non-Payment
« Reply #3 on: November 07, 2014, 01:55:08 PM »
Thank you both for your responses.  So, they way I am reading it, if notice of the sale is not delivered in person then it should be delivered via * certified mail * AS WELL AS being posted conspicuously.

Re: Florida Storage Unit Auction Due To Non-Payment
« Reply #4 on: November 07, 2014, 01:57:51 PM »
So if a certified letter is not sent nor is notice given in person & the contents are sold, what can be done at that point?

Offline Travis

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Re: Florida Storage Unit Auction Due To Non-Payment
« Reply #5 on: November 07, 2014, 02:33:40 PM »
So if a certified letter is not sent nor is notice given in person & the contents are sold, what can be done at that point?

If you're the tenant: hire an attorney and file a wrongful foreclose lawsuit.

If you're a storage operator: pray that the tenant doesn't file a wrongful foreclose lawsuit.

Online alloro

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Re: Florida Storage Unit Auction Due To Non-Payment
« Reply #6 on: November 07, 2014, 02:38:04 PM »
So if a certified letter is not sent

First you need to find out if one was sent. The law says they have to send it to the last known address. If they did that and a neighbor accepted the letter on behalf of the addressee, or if the addressee moved, then the storage facility complied with the law. As to what can be done, most likely you would have to sue them in court, assuming that you can prove the contents of the unit and the value.

Re: Florida Storage Unit Auction Due To Non-Payment
« Reply #7 on: June 28, 2015, 10:52:53 PM »
It is clear that the tenant should be duly informed in person or via certified mail, but the problem would be if someone has received it on your behalf. As a tenant, you should also be responsible to make a schedule when you need to pay and if you can’t when you need to inform the storage facility. If you value your items being stored, I think you need to do a little bit of ‘remembering’ and work.


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