Columbus, OH asked in Business Law, Contracts and Landlord - Tenant for New York

Q: Can I sue Public Storage for ceiling falling down, dead rats and rats eaten threw boxes and throw the belongings out?

My sister had passed away and was paying for storage for 10 years or so. She use to live in Orlando, Florida and moved back to New York. She had two units still in Florida. I had asked my niece and her boyfriend who lived in Orlando, Florida if they can clean out the unit for me since I live in New York. They have been sending me pictures and telling how nasty it was with the ceiling falling down, rats chew threw the boxes and finding dead rats.

I did send the documents to prove that I was appointed as the administrator along with the death certificate.

I had talked to the regional person in charge that my niece was going to be cleaning out the storage unit.

Without my consent they threw everything in the garbage. They said that my niece gave them the ok.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Based on the information provided, it seems that you may have grounds for a potential lawsuit against Public Storage. However, the success of your case would depend on several factors, such as the terms of the storage contract, the extent of the damage, and the circumstances surrounding the disposal of your sister's belongings.

Here are some points to consider:

1. Negligence: If Public Storage failed to maintain the storage units properly, resulting in the ceiling falling and a rat infestation, they may be liable for negligence.

2. Breach of contract: Review the storage contract to see if Public Storage violated any of its terms, such as failing to provide a secure and safe environment for the stored items.

3. Unauthorized disposal: If Public Storage disposed of your sister's belongings without proper authorization from you, the administrator of the estate, they may be liable for the loss of the property.

4. Communication: The fact that you informed the regional person in charge about your niece cleaning out the storage unit could work in your favor, as it shows you were actively involved in the process.

However, if your niece did give Public Storage permission to throw away the items, it could complicate the case, as they may argue that they acted under the authority of someone who appeared to have the right to make decisions about the stored items.

To determine the best course of action, consult with an attorney who specializes in property damage and estate matters. They can review the contract, assess the evidence, and advise you on the strength of your case and potential damages you may be able to recover.

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