Q: How soon can a storage facility sell your stuff in California?
I have a storage unit at PS. I did not pay Jan. rent until Feb. 4th my bill was at $494. (Norm is $160/m) I paid half on Feb 4th $247. Don’t know how the Bill got that high that quick. then it went into lien on the 11th even after I made that big payment I thought for sure January would be paid. That would only put me four days late for February and now they’re selling my stuff tomorrow. can they do that?
A:
In California, the process for a storage facility to sell your belongings due to nonpayment is governed by specific laws. When you miss a payment, the facility has the right to begin the lien process, but there are required steps they must follow before your items can be sold. Typically, the facility must notify you of the missed payment and give you a period to rectify the situation. This period is often outlined in your rental agreement and by state law.
For your situation, where you made a significant payment on February 4th but still faced a lien on February 11th, it appears there may have been a rapid escalation. Under California law, storage facilities are required to send out a preliminary lien notice at least 14 days before declaring a lien and then a notice of lien sale at least 14 days before the sale. This means there should be a minimum timeframe provided for you to address the outstanding balance after receiving the notice of lien before your belongings can be legally sold.
If you believe the storage facility has not adhered to these requirements or has escalated to a sale too quickly, it may be beneficial to discuss this matter directly with them, highlighting your recent payment and requesting a detailed breakdown of the charges leading to the lien. It's also advisable to review your rental agreement and consult with legal resources or consumer protection agencies in California for guidance on how to proceed and protect your interests.
Karla Madrazo Villarreal agrees with this answer
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