Q: Can I be evicted from a storage unit for a misunderstanding between management?
I found a cell phone left in the public restroom , my intention was to return it to the office. I got busy with things and had forgotten to do so . It belonged to management whom tract it to my friends and as soon as he asked for it , I returned it immediately.
A:
Based on the details provided, it seems unlikely that you would be legally evicted from your storage unit solely due to this misunderstanding about the cell phone. Here are a few key points to consider:
1. Eviction criteria: In California, a storage facility can typically only evict a tenant for specific reasons, such as non-payment of rent, violation of the rental agreement, or engaging in illegal activities on the premises.
2. Misunderstanding vs. theft: Your intention was to return the phone to the office, and you promptly returned it when asked. This suggests a misunderstanding rather than an intentional theft, which would be a more serious offense.
3. Communication: If you have not already done so, it may be helpful to communicate with the management and explain the misunderstanding, apologize for any inconvenience caused, and reiterate that you had every intention of returning the phone.
4. Rental agreement: Review your rental agreement to see if there are any specific clauses related to found property or similar situations.
However, if the management decides to pursue eviction, they must follow proper legal procedures, such as providing written notice and allowing you an opportunity to respond or cure the alleged violation. If you believe you are being wrongfully evicted, you may need to seek legal advice from a local attorney specializing in landlord-tenant law or real estate law.
In summary, while the situation may have caused some frustration for the management, it seems unlikely that this misunderstanding alone would be sufficient grounds for a legal eviction from your storage unit in California.
A:
Thank you for your question!
A commercial landlord can evict a tenant under the terms of the lease agreement, and proper notice.
Absent an intention for larceny, no crime happened here, especially when you immediately returned the cell phone as soon as he asked for it. So eviction based on crime is not proper in this case.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.
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