Legal Question in Real Estate Law in California

Can a storage facility auction off your unit without notifying you?


Asked on 2/26/10, 6:29 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Technically, yes; the self-storage operator must attempt to notify you, but that is not quite the same as saying that actual notice must be received by the renter.

The whole subject is covered in detail in the Business and Professions Code, sections 21701 up to about 21716. The B&P Code gives the self-storage operator a lien on everything stored at the facility for unpaid rent, late charges, costs to notify you, costs to dispose of stuff, and so on. However, there is a strict procedure, prescribed form, and time line for giving notice, and I believe under B&P 21712 the operator is supposed to get not only the renter's address, but also an alternate address of a friend or relative, on the assumption that people who rent storage may be on the move.

Further, the rental contract is supposed to contain a notice that stored property is subject to lien and sale.

So, two notices need to be sent, one to you and the other to the alternate address, and the operator is supposed to either use certified mail or obtain proof of mailing at the postoffice.

I suggest you look up the relevant B&P Code sections on line, and compare its requirements to your copy of your storage contract. Also, pay particular attention to the addresses you gave and any reasons why notices, if sent, might not have reached you.

Another thought is that if the unit were searched pursuant to a search warrant and contraband was found and seized, that might provide another reason for disappearance of your property without notice.

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Answered on 3/03/10, 7:17 pm


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