Selma, CA asked in Landlord - Tenant for California

Q: I need help to stop my storage unit from auctioning my things in California please

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand you're in a difficult situation and are concerned about your belongings in a storage unit in California being auctioned off. Here are some steps you can take to try to prevent this from happening:

1. Contact the storage facility immediately. Explain your situation and see if you can work out a payment plan to bring your account current. Many facilities would rather work with you than auction your unit.

2. Review your rental agreement carefully. Look for any provisions about late payments, default, and lien sales. Note any required notices the facility must provide you before auctioning your unit.

3. Under California law (Business & Professions Code Sec. 21700-21716), the storage facility must send you a preliminary lien notice by certified mail to your last known address at least 14 days before the lien sale. This notice must include:

- A statement that you are in default

- The amount owed

- The date and time your unit will be sold if you don't pay

- The facility's contact information

4. If you didn't receive proper notice, inform the facility in writing that they failed to meet the statutory notice requirements. Insist they cancel the auction.

5. If you can't work things out with the facility, consider borrowing money from family/friends, taking out a small loan, or seeking aid from local charities, churches or social services to pay the amount owed.

6. As a last resort, you could file for an emergency injunction in court to stop the sale, but you'll need to act very quickly and show the court you have a valid legal reason to halt the auction.

The most important thing is to communicate proactively with the storage facility and make every effort to pay the balance due or reach an alternate agreement. Ignoring the problem will only make the situation worse. I hope this general guidance is helpful for your situation. Let me know if you have any other questions!

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