(a) If the notice has been sent as required by Section 21703 and the total sum due has not been paid by the termination date specified in the preliminary lien notice, the lien imposed by this chapter attaches as of that date and the owner may do all of the following:
(1) Deny an occupant access to the space.
(2) Enter the space.
(3) Remove any property found therein to a place of safekeeping.
(b) Upon taking the actions described in subdivision (a), the owner shall send to the occupant, by certified mail, or by first-class mail if the owner obtains a certificate of mailing, postage prepaid, addressed to the occupant’s last known address, and to the alternative address specified in subdivision (b) of Section 21712, or by email pursuant to subdivision (c) of Section 21712, both of the following:
(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, the current amount of the lien, and that the lien will continue to increase if rent is not paid.
(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 occupant executes and returns by certified mail a declaration in opposition to lien sale in the form set forth in paragraph (2).
(D) A statement that the occupant may regain full use of the space by paying the full lien amount prior to the date specified in subparagraph (C).
(E) That any excess proceeds of the sale over the lien amount and costs of sale will be retained by the owner and may be reclaimed by the occupant or claimed by another person at any time for a period of one year from the sale and that thereafter the proceeds will escheat to the county in which the sale is to take place.
(2) A blank declaration in opposition to lien sale that shall be in substantially the following form:
“DECLARATION IN OPPOSITION TO LIEN SALE |
You must complete all sections of this declaration. If the owner cannot contact or serve you at the physical address and telephone number that you provide below, this declaration shall be void and the owner may sell your stored property. |
I, _____ (occupant’s name) _____ , have received the notice of lien sale |
of the property stored at _____ (location and space #) _____ . |
I oppose the lien sale of the property, because (provide a brief explanation of the reason the owner’s lien may not be valid. For example, “I have paid my rent and other charges in full”): |
My current address and telephone number are: |
(physical address) |
(city) |
(state) |
(ZIP Code) |
(telephone number) |
I understand that the lienholder may file an action against me in any court of competent jurisdiction, including small claims court, at the address provided above, and if a judgment is given in his or her favor, I may be liable for the court costs. I also understand that this declaration is not valid if (a) the address provided in this declaration is not my current address or (b) I change my address at any time prior to service of an action on the lien and I do not provide the owner the address within 10 days of the change. |
I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was signed by me on _____ (date) _____ at _____ (place) _____ . |
(signature of occupant). Return this declaration to: (self-service storage facility address)” |
(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
(Amended by Stats. 2017, Ch. 227, Sec. 5. (AB 1108) Effective January 1, 2018. Repealed as of January 1, 2021, by its own provisions. See later operative version added by Stats. 2017, Ch. 227.)
Last modified: October 25, 2018