Legal Briefs Storage Wars
Total Page：16
File Type：pdf, Size：1020Kb
The Concordian September 2013 The Concordian • SEPTEMBER 2013 • Page 15 • http://www.MyConcordian.com • (800) 606-6448 legal briefs by Jason W. Mauck Ericksen Arbuthnot, Attorneys At Law Storage Wars think we all know by now that there renter’s property for safe-keeping and are storage units out there that inform the renter that the property will Ipotentially contain zillions of dollars’ be sold at auction after at least 14 days worth of property, and that there are have passed. people perfectly willing to be televised When sending out the notice that when bidding on the contents of those the lien has attached, the owner must units when the owners get behind on also provide a Declaration in Opposition the rent. I want to briefly talk about the to the Lien Sale which the renter can actual procedures a storage unit company complete and return to the owner to stop has to go through before calling TLC to the sale. If a Declaration in Opposition to get the cameras rolling. the Lien Sale is returned prior to the sale Self-storage units are subject to the date, the owner can’t sell the property California Self-Service Storage Facility and must file a lawsuit to force the sale of Act which governs what happens to the property and collect on their lien. If your property if you fail to pay your the renter does not return the declaration monthly rent. (Business and Professions and doesn’t pay the outstanding amounts, Code Section 21700 et seq.) The Act the self-storage unit can call TLC and get encompasses public storage facilities, but the cameras rolling on another pile of does not include garages, storage areas invaluable artifacts for Storage Wars. in a private residence or warehouses. If a lien sale occurs, the renter may So you’re free to keep that pair of claim any money from the sale in excess rollerblades in mom’s garage forever of the lien amount and the costs of sale under these statutes. at any time within one year of the sale The contract a renter signs for a self- date. If the storage facility wrongfully service storage unit must include the sells property without going through the amount of any late fees and state that statutory process, the renter can sue y your property will be subject to a sale to can be sued for conversion (for the value satisfy unpaid rent after 14 consecutive of the lost property) and possibly recover days, among other provisions. If the emotional distress damages. renter falls 14 days behind in their There are the basic ins-and-outs of payments, the storage-unit owner may this process and is not an exhaustive send a Preliminary Lien Notice (“PLN”) list of the laws associated with the which can terminate the right to use the termination of a self-storage unit lease. storage unit. If the delinquent rent hasn’t If you need the assistance of counsel, the been paid 14 days after the termination attorneys at Ericksen Arbuthnot are here date stated in the PLN, the lien attaches to help. I can be reached at to the property and the storage unit 510-834-7770, or owner may deny the renter access to the [email protected]. unit, enter the unit and/or remove the Italian Street Painting, Downtown Martinez. See PAGE 13.