Question from Paul, What Are a Tenant’s Rights in Colorado Self-Storage Auctions?
Answer from AI:
Understanding Colorado’s Self-Storage Lien Laws
In Colorado, the laws governing self-storage facilities and tenant rights are outlined in the Colorado Revised Statutes (C.R.S.), specifically under Title 38, Article 21.5. These statutes provide guidelines on how self-storage facilities can handle tenant defaults and the subsequent sale of stored property.
Key Provisions of the Colorado Revised Statutes
According to C.R.S. § 38-21.5-103, a lien attaches to all personal property stored in a self-storage facility. This lien remains in place until one of the following occurs:
- The tenant corrects the default by paying the owed balance in full.
- A sale is conducted to satisfy the lien.
- The property is otherwise disposed of to satisfy the lien.
Tenant’s Right to Redeem Property
Under C.R.S. § 38-21.5-105, a tenant has the right to redeem their property by paying the full amount owed before the sale of the property. If the tenant pays the balance in full before the auction, the self-storage facility is generally required to return the property to the tenant.
Dispute Over Auction Sale
In the scenario where a self-storage unit was sold at auction even after the balance was paid in full, the tenant may have grounds to dispute the sale. The self-storage owner’s claim that the tenant lost all rights to the unit because there were no bids in the first auction is not supported by the statute if this condition was not explicitly stated in the rental agreement.
Steps to Take
If you find yourself in a similar situation, consider the following steps:
- Review the Rental Agreement: Check the terms of your rental agreement to see if there are any specific provisions regarding auctions and redemption rights.
- Gather Evidence: Collect any receipts, payment records, and communication with the self-storage facility to prove that the balance was paid in full before the auction.
- Contact the Facility: Reach out to the self-storage facility to discuss the issue and request the return of your property.
- Seek Legal Advice: If the facility refuses to return your property, consult with a legal professional who specializes in property or contract law. They can provide personalized advice and help you understand your rights and options.
When to Consult a Legal Professional
While this information provides a general overview of your rights under Colorado law, it is important to consult with a legal professional for personalized advice. A lawyer can help you navigate the complexities of your specific situation and represent your interests if legal action becomes necessary.
For more detailed information, you can refer to the [Colorado Revised Statutes](https://leg.colorado.gov/sites/default/files/images/olls/crs2020-title-38.pdf) and the [Self-Storage Facility Act](https://leg.colorado.gov/sites/default/files/images/olls/crs2020-title-38.pdf).
Remember, each case is unique, and a legal professional can provide the most accurate guidance based on the specifics of your situation.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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