[sc:Washington]An interesting discussion is going on at the Online Storage Auctions Forum. The topic is one that every storage auction buyer will deal with at one time or another. “What Do I Do With Personal Items Found In The Storage Locker? or Storage Locker Personal Items!”
In my state, Georgia, everything in the storage locker becomes the property of the storage locker purchaser. This transfer of ownership happens without restrictions of previous liens (if any) and without cumbrances attached. It is very clear cut language in the Georgia self-storage lien law. Since the law is clearly stated there is no responsibility on the part of the buyer to return any personal items.
[sc:adsense]
The state that the forum discussion I mentioned above is talking about is Washington. It is stated on the forum that all personal items, for example; personal papers and personal photographs, must be returned to the original owner. Well, this statement is not entirely true because there is a little twist involved.
According to RCW 19.150.060(3) it states:
That all the property, other than personal papers and personal photographs, may be sold to satisfy the lien after a specified date which is not less than fourteen days from the date of mailing the final lien sale notice, or a minimum of forty-two days after the date when any part of the rent or other charges due from the occupants remain unpaid, whichever is later, unless the amount of the lien is paid. The owner is not required to sell the personal property within a maximum number of days of when the rent or other charges first became due. If the total value of property in the storage space is less than three hundred dollars, the owner may, instead of sale, dispose of the property in any reasonable manner, subject to the restrictions of RCW 19.150.080(4). After the sale or other disposition pursuant to this section has been completed, the owner shall provide an accounting of the disposition of the proceeds of the sale or other disposition to the occupant at the occupant’s last known address and at the alternative address.
Furthermore, RCW 19.150.080(1) States:
After the expiration of the time given in the final notice of lien sale pursuant to RCW 19.150.060, the property, other than personal papers and personal photographs, may be sold or disposed of in a reasonable manner as provided in this section.
Hmmmm, it clearly states that all the property, other than personal papers and personal photographs, may be sold to satisfy the lien. Well, one would think that I am wrong and it is the burden of the buyer of a storage locker in the state of Washington to return the personal items. This is not true at all! You see, when you buy a storage locker you are buying the entire contents of that locker without exception.
There is one section that releases the buyer from having to save the personal items. That section is RCW 19.150.110
A purchaser in good faith of goods disposed of pursuant to RCW 19.150.080(2) takes the goods free of any rights of persons against whom the lien was claimed, despite noncompliance by the owner of the storage facility with this chapter.
When the storage facility puts the storage locker up for sale they are saying (albeit, certifying) to the potential buyers that they have already taken out the personal items. Otherwise, they couldn’t sell the storage locker until they do so. Since the storage locker buyer has no way of determining who the previous owner was, it can not be the responsibility of the buyer to determine what is “Personal” to the previous owner or not. Given the statement in RCW 19.150.110 and the anonymous nature of the sale it is ridicules to assume that the buyer can be strapped with the burden of separating out any personal items.
If you are a buyer in the state of Washington (or another state with the same wording) and a storage facility employee says they want you to return the Storage Locker Personal Items, they are only trying to get the buyer to assume their responsibility. In real life it don’t work like that. Just nod at the employee and go about your business and fully destroy anything that can’t be sold or kept for your own use.
If questioned in the future about any Storage Locker Personal Items by the storage facility, just say that you have complied with the states lien law and that you hope they have done so as well to protect your interests in the transfer of the property. ‘nuff said… No further conversation is needed…
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