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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 24539
Experience:  Attorney with 14 years experience in various consumer protection areas
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My storage unit was recently auctioned off for non payment.

Customer Question

My storage unit was recently auctioned off for non payment. Irecieved nothing by mail and was told I was sent a notice for a certified letter which I also did not receive. I did pay online for my unit, late the storage unit accepted payment , and the amount due was taken out of my bank acct. In the past when I was late the storage unit contacted my alt. Number and I acres promptly. I've had this unit for five years. It is called route66 in Claremont . I've lost all my vintage clothes collection, furniture, photographs, expensive art, I feel as if I've been scammed
Submitted: 4 years ago.
Category: Consumer Protection Law
Expert:  Barrister replied 4 years ago.

Hello,

 

I hate to give bad news, but under the CA Self-Service Storage Act, they would have the right to terminate any contract that was 14 days late by sending a notice certified mail or regular mail with a certificate of mailing. The notice would state that the owner of the storage facility will sell any items in the unit to satisfy any delinquent amounts not less than 14 days from the date of mailing of the notice. If the time expires without redemption, they have to publish a notice in the paper once a week for 2 consecutive weeks advertising the sale and then may sell the property.

.

They can then deduct any amounts that are delinquent and the cost of the sale and must hold any additional funds for the owner in escrow until the owner contacts them and claims the excess proceeds.

.

So if they followed the proper procedures for terminating the rental contract and the sale, then I am sorry but I don't see any legal recourse.

 

 

CALIFORNIA CODES

BUSINESS AND PROFESSIONS CODE

SECTION 21700-21716

 

21700. This act shall be known as the "California Self-Service Storage Facility Act."

 

21703. If any part of the rent or other charges due from an occupant remain unpaid for 14 consecutive days, an owner may terminate the right of the occupant to the use of the storage space at a self-service storage facility by sending a notice to the occupant's last known address and to the alternative address specified in subdivision (b) of Section 21712. The notice shall be sent by certified mail, postage prepaid, or by regular first-class mail if the owner obtains a certificate of mailing indicating the date the notice was mailed.

.

.

(1) A notice of lien sale that states all of the following:

(A) That the occupant's right to use the storage space has terminated and that the occupant no longer has access to the stored property.

(B) That the stored property is subject to a lien, and the amount of the lien.

(C) That the property will be sold to satisfy the lien after a specified date that is not less than 14 days from the date of mailing the notice unless the amount of the lien is paid or the occupant executes and returns by certified mail a declaration under penalty of perjury in opposition to the lien sale in the form set forth inparagraph (2). If the notice required by Section 21703 was sent by regular mail with a certificate of mailing, the notice of lien sale shall include a statement that the occupant may regain full use of the space by paying the full lien amount prior to the date specified in this paragraph.

.

.

21707. (a) After the expiration of the time given in the notice of lien sale, pursuant to subdivision (a) of Section 21705, an advertisement of the sale shall be published once a week for two weeks consecutively in a newspaper of general circulation published in the judicial district where the sale is to be held. Theadvertisement shall include a general description of the goods, the name of the person on whose account they are being stored, the space number of the occupant, and the name and location of the storage facility. If there is no newspaper of general circulation published in the judicial district where the sale is to be held, theadvertisement shall be posted at least 10 days before the sale in not less than six conspicuous places in the neighborhood of the proposed sale.

(b) The sale shall be conducted in a commercially reasonable manner, and, after deducting the amount of the lien and costs of sale, the owner shall retain any excess proceeds of the sale on the occupant's behalf. The occupant, or any other person having a court order or other judicial process against the property, may claim the excess proceeds, or a portion thereof sufficient to satisfy theparticular claim, at any time within one year of the date of sale. Thereafter, the owner shall pay any remaining excess proceeds to the treasury of the county in which the sale was held.

.

.

Thanks

Barrister

 

 

Customer: replied 4 years ago.
I also was called and told there were bags of assorted item s I could purchase for 400.00 they gave me 48 hours to come to their location to do this .in this time period their hours of operation were the same as my business hours so I sent my fiancé to the location and theyndenied him.
Expert:  Barrister replied 4 years ago.

If your fiance did not have a power of attorney to act on your behalf, then they would not have been under any obligation to sell/release the items to her. But if they had pursued the sale of the items, they wouldn't have had to even make the offer...

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I know this is not the news you had hoped for.

.

.

thanks

Barrister

 

 

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