December 08, 2010
Storage Unit Belongings to be Sold at Auction
Updated December 11, 2018
Dear Consumer Ed:
I was unable to make my last three payments on my storage unit. I found out that there is a notice in the paper to auction off my belongings. How can I stop this?
Consumer Ed says:
If rent has not been paid by the seventh calendar day of the month due, you will be in default. The owner can sell the contents of your storage unit if no payment has been received for a continuous 30 day-period after you default. At any time before the sale of your belongings, you may pay the amount necessary to satisfy the lien and the reasonable expenses incurred and get your belongings back.
If you have been in default continuously for 30 days, the owner may enforce its lien, if he follows certain steps:
- The owner must send you written notice of their intent to sell your property delivered in person, by verified mail or by email. If the owner sends notice to your last known email address and does not receive a non-automated response or a receipt of delivery to the email address from you, they have to send notice of the sale to you by verified mail to your last known address or to the last known address before proceeding with the sale.
- The notice must include 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. It must also include the owner’s contact information, so you may respond to the notice. It must also notify you of any denial of access to your belongings. Most importantly, the owner cannot ask for payment for at least 14 days after the notice is delivered. For example, if the notice is delivered on July 1st, he cannot demand payment until at least July 15th.
- After 14 days have passed, the owner will publish an advertisement of the public sale of your belongings for two weeks. The public sale can take place as soon as 15 days after the first date of publication of the auction.
Remember, you can pay the rent and any additional fees any time before the sale of your belongings to get them back.
According to Georgia law, the rental agreement must include the language summarized above. If you believe the owner failed to do so or did not follow the above steps, you should contact an attorney.
Submit your own question to Consumer Ed. Remember…we do not give legal advice. Always consult a lawyer about legal issues.