Landlord and Tenant Rights and Responsibilities

questions & answers

Question: We signed a 4 month lease at an RV Storage facility to rent a 60' space for our 20' trailer, because we were told only 60' spaces were available. After parking the trailer in the assigned space we discovered it is not 60' but 40', which rents for $75 per month. The facility continues to insist it's a 60' space, refuses to measure it & refuses to change our rental rate to $75. They only offer to move us to "another" 60' space as a solution. Is it legal for them to overcharge us like this? What recourse do we have? We suspect they're doing this to others. Isn't this fraud? What rights do we have

Answer: There is not any specific law of which I am aware that applies to your situation. First, you should consult your agreement with the storage facility. What does it say you are renting? What does it say about substitutions? Have you measured the space? Have you presented the owners with your measurements? If you are in a long-term contract, you may have a basis for terminating the contract if the storage facility is in breach. Either way, if you are not getting what you agreed to, you may have a claim for breach of contract. If they knew they were misrepresenting to you at the time they rented it to you, you may have a claim for fraud. Given the amount of damages (a few dollars per month), you could pursue them in small claims court if you were so inclined. Whether or not you decide to pursue them, you might consider getting your trailer out of there. If they are dishonest, they may continue to be dishonest, and if they try to charge you for some trumped up fees, the laws on liens (on your trailer) are quite favorable for storage facilities in AZ and they may be able to hold your trailer hostage pending the outcome of such a dispute. Please note that I am working with limited information and we have not entered into an attorney-client relationship. As a result, I am not able to provide you with legal advice. Notwithstanding, I hope I have provided some guidance that will be useful to you going forward. I wish you the best.

QUESTIONS

  • We signed a 4 month lease at an RV Storage facility to rent a 60' space for our 20' trailer, because we were told only 60' spaces were available. After parking the trailer in the assigned space we discovered it is not 60' but 40', which rents for $75 per month. The facility continues to insist it's a 60' space, refuses to measure it & refuses to change our rental rate to $75. They only offer to move us to "another" 60' space as a solution. Is it legal for them to overcharge us like this? What recourse do we have? We suspect they're doing this to others. Isn't this fraud? What rights do we have

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