Storage facility drops Texas man's storage fee autopay during software update, auctions off $14,000 of his belongings for $420 without sending him a single notification—offers him a $200 gift card in compensation, citing a clause in the original lease

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An auctioneer in a yellow suit calls out a bidder's bid, representing the auction in the story.
A man holds up his hand to bid during an auction.
A pile of valuable belongings, including a camera, up for auction, representing the poster's stored goods.
BakuretsuGirl16 First Notice Requirements After a tenant defaults, you must send a properly formatted notice before proceeding with a sale. This notice must provide the tenant at least 15 days before any auction can occur. Pursuant to Sec 59.043: 'The lessor must deliver the notice in person or by e-mail or
verified mail to the tenant's last known e-mail or postal address as stated in the rental agreement or in a written notice from the tenant to the lessor furnished after the execution of the rental agreement. Notice by verified mail is considered delivered when the notice, properly addressed with postage
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prepaid, is deposited with the United States Postal Service or a common carrier. Notice by e- mail is considered delivered when sent to the last known e- mail address of the tenant. If an Operator is going to use e-mail the Statute provides: "The notice may not be sent by e- mail unless a written rental agreement between the lessor and the tenant contains language underlined or in conspicuous bold print that notice may be given by e-mail if the tenant elects to provide an e-mail address.
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So basically they have to prove they sent the notification through one of the approved methods, if they can do that you are probably out of luck. The fact that they stopped the autopay and you didn't notice is still partially your responsibility, especially over such a long period of time. If they are unable to prove they attempted to contact you then you have a shot here, but it's going to require a lawyer.
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Leftover_tech Their $200 "cap" does not apply to "we did not follow state law and acted in a grossly negligent manner". The "cap" applies to things like "Oops! That item rolled out under the door and we can't find it now" or "There was an unknown leak in the roof and your stuff got wet".
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TechnicallyMeat A national chain storage company near me updated their software backend, but the billing database didnt migrate. Fortunately for me, I was moving the last few things out and noticed when they tried to collect late fees. Brought them the paperwork, and they said "yeah sorry, this is all we've been dealing with this week." | was not surprised that the employee knew little, but I was upset they tried to charge late fee to cover for their IT problems.
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agate_ their liability for lost property is capped at $200 It's not "lost", they it. stole
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Antique_Way685 Not your lawyer, not legal advice: those types of policies don't typically apply to negligence. Consult a local lawyer and sue.
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ButtCoinBuzz Not a lawyer. You need to contact a lawyer who specializes in property and/or civil litigation. Sounds like a clear conversion case.
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AppleParasol Theft. I'd probably see if you can get the person who bought its contact information, or if they could contact them for you, to at least recover pictures and things, maybe everything for $420 back, and then sue the storage facility.
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Character_Bed12 Your property was not lost. The owner converted it for his own use. That clause does not apply. I'd gather all your receipts for everything that was in there and sue him in small claims court.
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Maduro_sticks_a Clauses don't cover lawsuits
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A couple searches through belongings from a sold storage unit.
BrokeTheSimulat Get a lawyer.
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mcflame13 Talk with either a consumer protection attorney or a civil litigation attorney. Their $200 liability cap does not protect them here. That is only for random acts of god, thefts, and accidents. Not them doing an illegal foreclosure auction on your unit. They opened them up to a case when they never sent you any notice. They are required to send you an official,
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itemized written notice to you and it must be done by either verified mail, or email. They must then give you 14 days from the date you get the notice to pay it off. After that. They must publicly advertise the auction. When they never sent you any notice. Their auction was deemed illegal.
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They are going to have to pay you the value of the items. So that will either be the fair market value of the items or the costs to get a similar replacement. Plus add statutory damages, legal fees, and, possibly, treble damages.
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Away_Stock_201 You can't be the only one, if you find a lawyer there might be a class action lawsuit.
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redditreader_aita Their liability isn't limited when it's gross negligence. They knew their system wasn't updated properly and they failed to notify you in any way.
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Objective_Welcon Well good news, clauses in leases that limit damages, aren't valid if there's gross negligence. This is a clear case of gross negligence. Your problem is going to be proving what you had in the locker and how much it was worth. But they're going to owe you a lot more than $200. Try to deal with small claims, depending where you live the maximum will vary. I wouldn't hire a lawyer, their charge might be more than your losses.
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