Chapter 10Self-Service Storage Facilities
Section § 21700
This section simply names the law as the 'California Self-Service Storage Facility Act.'
Section § 21701
This part of the law defines important terms related to self-service storage facilities. A self-service storage facility is a place for renting storage space, but can't be used for living or considered a warehouse. The 'owner' manages the facility and can collect rent, while the 'occupant' is the person renting the space. A 'rental agreement' is a written contract for using the facility. 'Personal property' refers to movable items like furniture that are stored. 'Last known address' is the most recent mailing or email address given by the renter.
Section § 21701.1
This law allows the owners or operators of self-service storage facilities to transport storage containers for a fee without being considered as transportation businesses. To qualify for this, they must follow certain rules: the fee for transporting a container can't exceed $100, they cannot handle the contents, they must be registered and have insurance, and they must inform customers about the service details in writing. The container must be a certain size and made from durable material. Customers should also get information on packing, prohibited items, and their responsibilities for damage. There are also rules about pickup and delivery times, and no extra fees if the container is moved within facilities without customer consent. Lastly, the Public Utilities Commission can still take action if regulations are violated.
Section § 21702
If you own a self-storage facility, you automatically have a legal claim on anything in the units for any unpaid fees or costs related to maintaining or dealing with the stored items. This claim can be enforced following the rules laid out in this chapter.
Section § 21702.5
This law section explains that if a vehicle or a boat has existing liens recorded on its title, those liens take priority over new ones created as described here. New liens on registered vehicles or boats must follow specific enforcement rules outlined in other laws. They can't collect fees for more than 60 days of unpaid services before requesting a lien sale. Proceeds from selling a vehicle or boat through a lien sale have to be distributed according to specific civil codes. Additionally, if payment is overdue for 60 days, the owner can have the property towed after giving a 10-day notice to the occupant. The owner won't be responsible for the towed property or any damage, as long as the towing company follows certain regulations.
Section § 21703
If a storage tenant doesn't pay rent or fees for 14 days straight, the owner can end their right to use the storage unit. To do this, the owner must send a notice to the tenant's last known address and an alternative address, using certified or first-class mail, or email. The notice must include: a detailed list of overdue charges, a deadline for payment before the tenant loses access (at least 14 days from sending the notice), a warning that access may be denied and a lien might be imposed if payment isn't made, and contact information for the owner or their agent.
Section § 21704
This section outlines a specific format for a preliminary lien notice required when a tenant has failed to pay rent or other charges for a storage space. The notice must clearly state the amount owed, the due date, and indicate that if the debt is not settled, the tenant's access to the storage space will be revoked. Additionally, an owner's lien will be placed on the tenant's stored items. Details about how to contact the storage owner for payment must also be included.
Section § 21705
This section explains the steps a storage facility owner can take if someone hasn't paid their due fees by a certain date after receiving a notice. Once the deadline passes, the owner can deny access to the storage unit, enter it, and move the items to a safe place. The owner must then mail a formal notice to the tenant, explaining that they no longer have access, the property is subject to being sold to cover owed amounts, and if the tenant doesn't contest, the sale will proceed after at least 14 days. The notice also informs the tenant they can stop the sale by paying what they owe and that any extra money from the sale can be claimed within a year. A form is provided for the tenant to oppose the sale if they believe there is a mistake, like believing they've already paid. They must also provide their current address, or the opposition won't be valid, and an action might be taken to court if contested further.
Section § 21706
This section explains that if someone who owes money does not officially dispute a sale of their belongings by a certain date, or if they don't properly sign the dispute, or if they change their mind and take back their dispute, the property owner can go ahead and sell the belongings as long as they follow some other rules set out in different sections.
Section § 21707
Section § 21708
If someone has a legal claim (called a security interest) on personal property and there's a lien (a claim for debt) on the property for storage fees, they can get the property back by paying those fees. This can happen unless the person storing the property objects in a specific way. Once the fees are paid, the storage owner must give the property back to the person who paid. As long as the storage owner follows certain rules, they aren't responsible for any claims after handing over the property.
Section § 21709
If someone claims the right to goods that are about to be sold because of unpaid storage fees, they can stop the sale by paying off what they owe plus an extra month's rent. The goods won't be sold, but the person must get a court order about what happens to the items within 30 days. If they don't and also fail to keep paying rent for storage, the owner can sell or dispose of the goods. The owner isn't responsible for any problems that result if the person claiming the goods doesn't follow through with a court order or payments, as long as the owner has followed the rules.
Section § 21710
If someone submits a valid objection to a property lien sale on time, the owner can only enforce the lien by taking it to court. They can either bring the case to small claims court if the amount is low enough or take it to another suitable court. If the case is filed outside small claims, the notification to the involved parties can be done by certified mail. If the court sides with the owner regarding the lien, the owner can then move forward with advertising and selling the goods according to the rules specified elsewhere.
Section § 21711
If someone buys items that were sold to enforce a lien or court judgment on things stored in a self-storage unit, they get to keep the items without being affected by any claims by people against whom the lien was raised, even if the storage facility didn't follow all the legal rules correctly.
Section § 21712
If you rent storage space, the contract must be written and state that if you don't pay rent for 14 days, your belongings might be sold. This law won't apply unless the contract asks for another person's contact information for lien notices. Notices can be emailed if the agreement specifies it and the occupant agrees. Delivery of notices by email can be confirmed through several ways like a signature or log-ins to secure sites. If e-notices don't work, notices must be mailed.
Section § 21712.3
This law requires that when a storage unit rental agreement ends, the owner must give written notice to the occupant before ending or not renewing their rental. The notice should inform the occupant about how they can avoid high storage costs by claiming any remaining property within two days of the agreement's end. If the property isn't claimed, it could be sold, kept, or disposed of. If any items are left at the storage facility after the agreement ends, the owner must send a description of these items to the former occupant, explaining how and when they can be retrieved, and state that they may be charged rent before return. This claim window is at least 15 days if the notice is delivered or emailed, and at least 18 days if mailed. Notices can be delivered personally, by first-class mail, or by email, depending on prior agreements.
Section § 21712.4
This law requires that when property is abandoned in a storage unit, the facility must notify the former occupant in a specific way. The notice must tell the person they can claim their belongings by a certain date to avoid further costs. If they don't claim their items, the property might be sold, kept, destroyed, or disposed of. The notice must also include a statement about what will happen to the property if it's not claimed. If the property is worth more than $300, it may be sold at a public auction. If it's worth less than $300, it can be disposed of without further notice.
Section § 21712.6
If a storage facility owner finds personal property, they must either leave it at the facility or store it safely until it can be retrieved or disposed of according to specific rules. The owner must handle the property carefully but isn't responsible for losses unless they directly cause them through negligence or intentional actions.
Section § 21712.7
This section explains how a former tenant can reclaim their personal property from a storage facility. If they pay the due rent and collect their belongings by the deadline in the notice, the owner must return the items. If they don't do that in time, they can still get their things back before the property is disposed of or sold, provided they pay any rent owed and costs of advertising or sale. However, if they reclaim their property within two days of the rental agreement ending, they don't have to pay for storage costs.
Section § 21712.8
If someone's stored property isn't retrieved as detailed in another section, it must be sold publicly unless it's worth less than $300. The owner can then choose to keep, sell, or dispose of it in any way. Anyone, including the original owner, can bid at this sale. Notices of the sale need to be advertised. Once sold, the cost of storage, ads, and the sale itself is deducted from the proceeds. Any leftover money must go to the county treasury where the sale took place within 30 days. The original owner has a year to claim any remaining funds by applying to the county treasurer. If the funds are paid out, the county isn't responsible for further claims on that money.
Section § 21713
This law says that even though it sets certain rules for rental agreements, people can still add more terms if they want. For example, they can agree on the maximum value of items stored in a rented storage unit. The law's rules are in addition to any other legal rights a creditor has against someone who owes them money.
Section § 21713.5
If you rent a storage unit and don't pay on time, the facility owner can charge you a late fee. However, the late fee can only be charged if you're at least 10 days late on your payment, and the amount must be noted in your rental contract. They can't charge you more than once for a single missed payment. The fee itself should be considered reasonable based on your rent amount: $10 for rent $60 or under, $15 for rent between $60 and $100, and the greater of $20 or 15% of the rent for rent over $100.
Section § 21714
This rule applies only to rental agreements that started, were extended, or renewed after this law began. It doesn't affect any earlier agreements.
Section § 21715
Section § 21715.5
If you rent a storage unit and the storage owner wants to change the terms, like the rent amount or conditions, they can do so after giving you a 30-day notice. This notice can be given in person, by regular mail, or by email. Once those 30 days are up, the changes automatically apply if you keep storing your things there.
Section § 21716
Basically, if a part of this law is found to be invalid or doesn't work for some person or situation, it doesn't mess up the rest of the law. The other parts can still work just fine without the problematic part. This is called being 'severable,' meaning the good parts can stand alone even if one part fails.