Storage unit issue -- I don't have a copy of the original lease agreement

[chris godwin]

I need some advice on an issue,

Approximately 5 years ago I moved into an apartment that has separate storage units, after moving in I realized I would need a storage unit so I contacted the property manager at the time about getting one. He told me the costs and said to go ahead and take unit #1 and send in the payments with my next months rent and he would add it to the lease. I was using the storage unit and paying monthly the rent for both apartment and storage unit. The management company has changed a couple times in the past 5 years and the recent one is now saying that I never had a lease on the unit and they have apparently emptied out the storage unit since they took possession of them. They claim the extra amount I have been paying them was from a rent increase that I never received any notification of and they have no record of in my files. I do not have a copy of the original lease agreement. The units are on site and when i talked to the management company about the unit the claim they put up notices on the units 18 months ago(this would have been the middle of January) and anyone who had a unit should have responded then, however i drive by these units 3-4 times a week and never saw any notices on them. Any advice or information on what I should do would be greatly appreciated.

[AFFA]

I wish to inform you that you may in writing send a notice to management company informing them correct situation. In this regard your original lease govern the premises in which you are residing and any increase in rent cannot be unilateral act of management company. If there is increase in rent then both the parties must agree and if you had not agreed then increase in rent cannot be claimed by management company. You may demand from management company your consent to increase in rent. Further you can show statements by your neighbors who know that you have occupied storage space as an evidence to show that excess amount was for storage space.

AFF

[chris godwin]

I requested a copy of the original lease agreement and any rent increase documentation they had, the current management company responded with a "we dont have any of that"
The only paperwork they claim to have in my file was the application I filled out before renting the property and the rent statement showing i have been paying them.

Make them prove it -- of ocurse, in court, you'll have to have a defense that you can prove as well. IF you paid rent by check AND noted in the memo line: "$400 rent, $75 storage" for example, that's a bit of proof although anyone can write anything on the memo line. HOWEVER, if you did not do this, you may end up in court if push comes to shove.

There's a lesson here. Always get things in writing. Always keep your paperwork. Keeping paperwork is so easy to do now with the computer--just scan it in and save it as a doc or pdf and email it to yourself as an attachment--I actually have two email accounts just for this so when I send myself a document, it is saved in my Sent mail box, AND shows up in my IN box of the other email account. Lesson learned.

[annjd]

Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to their behavior...You will need to gather as much evidence or records as you can to support your version. You may also report them to your state attorney general's office. The AG often will investigate and may help resolve for you.