Full question:
We've had a 10x20 storage unit for years. The company that we have a contract with sold the property to another self-store company. While out of the country for 2 weeks, though reachable by phone and email and having 2 local contact people on the contract, the new company sent out an undated letter that gave a deadline to be present while they entered the unit, and moved our possessions 'within the unit,' in order to facilitate the addition of climate control to the building. Well, they did enter the unit--without our presence--and then removed all of our possessions to another unit (one with an oil-soaked floor). It appears as if they threw everything into the new unit in a manner that completely disregarded the safety of the contents. They say they video-taped the whole process; we have not seen the recording. The company's representative that we have been dealing with has offered to have a crew re-organize the unit under our direction. There are many reasons why this is problematic. When relaying the concerns about damages to contents of boxes that look to have been thrown around, the representative says that can be dealt with at a later date. He admits that they messed up the move and the notification, but claims they did the move completely in accordance with the contract. The questions at issue. (1) Is what they have done a 'maintenance purpose?' (2) Does one letter (first class, no certified or return receipt) to the primary on the contract really constitute 'legal notice?' Does ignoring other contacts not show that there was not a good-faith attempt at contact for the purpose of notice? Does sending out an undated letter with a deadline really constitute an attempt to contact in a timely manner? They would seem to have violated the contract from what was explained to me when I signed it. I had signed the contract on behalf of my father, using the power of attorney that was given me by my father. It was noted when I signed that I was acting as my father's agent. Yet, the new company said they had no legal obligation to contact me. Their office staff told me that I had been dropped from the contract--and I was never notified. The other authorized person on the contract wasn't contacted. The new company said they didn't have to contact 'users.' Please help! One last question, do you know an attorney willing to take such a case?
- Category: Bailment
- Date:
- State: Virginia
Answer:
We cannot give legal advice, and are not forming an attorney-client relationship with you. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.
Let me address your questions in order (your text will be in quotes):
"The questions at issue. (1) Is what they have done a 'maintenance purpose?'"
Maintenance is typically thought of as the maintaining of something, rather than the installation of something new, such as new air conditioning/ ventilation system. The word may or may not be defined in the contract. If not, the contract is typically construed against the side that wrote it. So you may have an opening here.
"(2) Does one letter (first class, no certified or return receipt) to the primary on the contract really constitute 'legal notice?'"
It seems very problematic, to say the least.
"Does ignoring other contacts not show that there was not a good-faith attempt at contact for the purpose of notice?"
I think a jury would not be impressed by the company's lack of effort.
"Does sending out an undated letter with a deadline really constitute an attempt to contact in a timely manner?"
Doesn't sound like it to me.
"They would seem to have violated the contract from what was explained to me when I signed it. I had signed the contract on behalf of my father, using the power of attorney that was given me by my father. It was noted when I signed that I was acting as my father's agent. Yet, the new company said they had no legal obligation to contact me. Their office staff told me that I had been dropped from the contract--and I was never notified. The other authorized person on the contract wasn't contacted. The new company said they didn't have to contact 'users.'"
This is also problematic, but your attorney will have to investigate further.
"Please help! One last question, do you know an attorney willing to take such a case?"
There are many attorneys who would, if your damages amount to tens of thousands of dollars. There are few who would if we're talking hundreds. It sounds like the company damaged some property of yours in some way, and they should be liable for that. They probably have insurance for that very purpose. You need to determine a dollar figure for your damages, and demand compensation. If they won't be reasonable, you need to contact a local attorney, assuming again that your damages are significant enough.
When you reach a dead end with the company, contact a local Plaintiff's Attorney and set up a meeting to discuss the case. Just google: Mountain View Virginia trial lawyer:
http://www.google.com/search?q=mountian+view+virginia+trial+lawyer
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