McKinleyville, CA asked in Contracts, Criminal Law, Business Law and Landlord - Tenant for California

Q: Can storage unit owner take my property without any notice?

I am renting a storage unit. It is one of 4 units in a secluded area i.e, not typical franchise self storage. Contract states it is only for storage. It also states items are not to be stored outside unit. Also states mediation before legal claims. I did leave things outside of the unit. The manager left me a voicemail saying that if the items were still outside the next day he would remove them. He did remove them. Then several days later i get a 3 day pay or quit notice stating i owe $54 in past due rent, $325 in current rent and $520 in dump fees. Im assuming he believes he had authority to do that because contract says no storing items outside of unit. I argue that at most it was a breach of contract and a reason to give a 14day notice (i dont know why he gave a 3 day tenant/landlord notice) and that his actions ultimately amount to theft.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: The storage unit owner should not take your property without proper notice, even if the contract states no items should be stored outside the unit. The manager’s voicemail was an informal warning, but it does not constitute legal notice for disposing of your property. You may argue that removing and discarding your items without formal notice or mediation, as specified in the contract, amounts to an unlawful act.

The three-day pay or quit notice seems inappropriate for this situation, as it is typically used for residential tenant evictions, not storage unit agreements. You could challenge the $520 dump fee if there was no clear agreement or notification about this charge. This could be considered an excessive penalty and not aligned with standard breach of contract procedures.

Consider discussing the matter with the storage unit manager to seek a resolution. If the manager is uncooperative, you might want to explore mediation as outlined in your contract. This can help you address the removal of your items and any unfair charges, ensuring your rights are protected.

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