Legal Question in Intellectual Property in California

Re: Personal Property

The situation of X's property in Y's possession is called a bailment, or deposit. They can be voluntary or involuntary. See Civil Code sections 1813-1815. Deposits are also divided into "gratuitous" and "for hire" deposits. A voluntary, for hire deposit is called "storage." See Civil Code section 1851.

Your situation seems to result from a voluntary, for-hire deposit or bailment, i.e. you voluntarily left your property in the possession of a mini-storage operator.

A depositary for hire has a lien on the property stored with him. Civil Code section 1856. The lien is for the agreed storage charges and a few other items enumerated in the statute.

More importantly in your case, mini-storage operators are singled out as a special class of storers (bailees) of property. The Business and Professions code gives them certain special rights and responsibilities with respect to their customers' property. See B&P Code sections as follows:

21701, Definitions;

21702, Lien;

21703, Delinquent rent or charges;

21704, Form of Notice; and

21705 through 21715 regarding the storage operator's right to sell your property, etc. etc.

So, I guess the short answer to your question is YES, a storage operator can make certain charges for you to recover possession, but the charges are limited by law.