Tenants have been unable to get to property at Lone Star Boat and RV Storage for three months after a tower fell. Now they’re looking at lawsuits.
SAN ANTONIO — Multiple tenants now tell KENS 5 they are considering legal action against a San Antonio storage facility after they have been unable to get to their property for three months.
Lone Star Boat and RV Storage had to close access to the public around Dec. 9 after a communication tower fell across the property. One tenant then got a text the next day saying “We’re working to clear this up asap.” The communications tower is still down three months later.
Lone Star Boat and RV Storage told KENS 5 last week, “We have timely relayed any and all submitted concerns or claims by tenants to our insurance company for their review and follow up. The insurance company has informed us that they will follow up with the tenants. Of note, we have continued to not charge rent as a gesture of goodwill while the tower situation is being resolved. We will continue to provide updates to tenants as soon as a firm mobilization date for the tower removal is confirmed by the tower removal contractor, which we are pushing for as soon as possible.”
KENS 5 has now spoken to three tenants and all three said they have yet to be contacted by any insurance company representing the storage business.
Fishing guide TJ Whitworth told KENS 5 he has been without his fishing boat since December and was unable to work during the normally busy holiday season. He said he lost out on thousands of dollars.
“This year I had calls every day all day long wanting to go fish and it’s beautiful weather. Can’t do it,” Whitworth said. “That was terrible.”
The fishing guide said he will be losing out on even more money by not having his boat during spring break.
“Get it fixed now or you are going to be paying a lot of people,” Whitworth said.
Nate Vassar has been unable to use his RV since Dec. 9 and said he had to make big changes to vacation plans which ended up costing the family money. Vassar said his lease with the business actually ended in December and he didn’t renew it. He said the business has no contractual reason to continue to hold his property but he still can’t get to it.
“If I don’t hear from their insurance adjuster then that’s the only option I have is to bring them to court,” Vassar said. “They just need to get things going. Cut a section of the fence down. Get us access to get our property out of there.”
Tenant Brian Kallies told KENS 5 he actually has equipment capable of cutting the tower so it could be moved, and he’s offered to do it himself, but the company declined. He also has a boat on the property but hasn’t seen it for three months.
“I think it’s going to take some litigation to get these people in gear. They’ve been dragging their feet saying that they are at the mercy of their insurance company which I feel at this point is total BS.”
Consumer Protection Attorney Bill Clanton told KENS 5 that the tenants may be able to sue for “conversion” and for “loss of use.”
“You are entitled to your property. It’s being stored in these places, right, and only you have access to it,” Clanton said. “There is conversion. Conversion is like civil theft. Depriving someone from the use of their property. You usually see it when someone takes your money. You say they converted it to their own. This property has been converted, at least temporarily.”
Clanton said people who are unable to access their property could also file a suit for “loss of use.”
“There is a value to a boat right? Taking it out on the lake, there is some value to that. Losing that is harm to you. There is some amount of money that that’s worth and that’s what you sue for,” Clanton said.
The consumer protection attorney said it’s important to file a police report if you are unable to get to your property so you can prove what is happening in court. He also said the tenants need to send a certified letter to the company explicitly stating they want their property back immediately.
KENS 5 told Lone Star Boat and RV Storage that tenants want to know when they can access their property and that tenants are expressing concerns about the business’s insurance. Lone Star Boat and RV Storage Calaveras Lake said the following in response to those concerns:
Removal Status & Contractor Timing: We moved forward and scheduled with a contractor following insurance approval. However, close to the expected start date, there was a change in the contractor’s proposed tower removal methodology, which caused them to postpone their start date.
Insurance: We want to state unequivocally that the property is fully and properly insured. The delay in the tower removal process is a matter of technical execution and contractor timing, not a lack of insurance coverage. We have been working with our insurance agent and adjusters and have relayed all tenant concerns to them.
Again, the tenants said they have not yet heard from any insurance company claiming to represent the business.
If you have a problem like this, we want to help you fix it! In our series, Call KENS, we do our best to solve problems for our viewers. The number to call is 210-470-KENS, or fill out the form on this page.