Alberta Court Case

[prehistory]

I was wondering what happens when you take a person who`s currently not paying their mini-storage fee to court. This is in Alberta, so do you stand in front of a judge or is there an arbitration with a panel?
Thanks everyone.

 

[JimWhitelaw]

Can`t talk from experience with this situation specifically, but a dispute over a storage agreement would not be a Landlord and Tenant issue, so RTDRS is not an option. Likely, you`d need to go through Small Claims Court where you will stand in front of a judge.

 

[gwasser]

QUOTE (JimWhitelaw @ Mar 21 2010, 03:32 PM) Can`t talk from experience with this situation specifically, but a dispute over a storage agreement would not be a Landlord and Tenant issue, so RTDRS is not an option. Likely, you`d need to go through Small Claims Court where you will stand in front of a judge.

Talk to your lawyer. Chances are you can evict the tenant without much ado. Don`t take BS it will be costly in the long term. I also would send the renter a written notice stating that if all rents are not paid within 10 days, that you will start the eviction process (whatever that may entail).

 

[dplummer]

What does your rental agreement say? In Ontario I once owned a mini storage rental. I would padlock the door when not paid in 30 days. I would try to telephone. Sometimes it was an over sight. If phone # was no longer in service I`d send written notice to last known address & placed notice in paper that their items would be sold in 30 days to cover non payment . Doug

 

[Thomas Beyer]

QUOTE (prehistory @ Mar 21 2010, 01:32 PM) I was wondering what happens when you take a person who`s currently not paying their mini-storage fee to court. ..
the lease should allow you to seize & sell his stuff, and then sue him personally for damages over and above the proceeds .. yes small claims court if below 25K damages/loss, Court of Queen`s bench if above ..

 

[greghead]

QUOTE (prehistory @ Mar 21 2010, 01:32 PM) I was wondering what happens when you take a person who`s currently not paying their mini-storage fee to court. This is in Alberta, so do you stand in front of a judge or is there an arbitration with a panel?
Thanks everyone.

The warehouse liens act governs self storage.
Here is a link for more informationhttp://www.bclaws.ca/Recon/document/freeside/--%20w%20--/warehouse%20lien%20act%20%20rsbc%201996%20%20c.%20480/00_96480_01.xml

Regards,
Greg.