Bill Text: CA AB983 | 2013-2014 | Regular Session | Chaptered
Bill Title: Self-service storage facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 778, Statutes of 2014. [AB983 Detail]
Download: California-2013-AB983-Chaptered.html
BILL NUMBER: AB 983 CHAPTERED
BILL TEXT
CHAPTER 778
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2014
APPROVED BY GOVERNOR SEPTEMBER 29, 2014
PASSED THE SENATE AUGUST 26, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE JULY 1, 2014
AMENDED IN SENATE JUNE 15, 2014
AMENDED IN ASSEMBLY APRIL 11, 2013
INTRODUCED BY Assembly Member Melendez
FEBRUARY 22, 2013
An act to amend Sections 21702.5, 21705, 21706, and 21713 of the
Business and Professions Code, relating to self-service storage
facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 983, Melendez. Self-service storage facilities.
Existing law, the California Self-Service Storage Facility Act,
specifies remedies and procedures for self-service storage facility
owners when occupants are delinquent in paying rent or other charges.
Under existing law, if 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 preliminary lien notice by
certified mail to the occupant's address. After sending a notice,
the owner may, within 14 days of the termination date specified in
the preliminary lien notice, deny the occupant access to the space,
enter the space, and remove property to safekeeping. Existing law
specifies procedures for an owner to enforce the lien following
receipt of a declaration in opposition to a lien sale. Existing law
provides that an owner may sell the property subject to lien if the
occupant cannot be contacted or served at the address provided in the
declaration.
This bill would allow an owner to have a vehicle, watercraft, or
trailer, subject to lien, towed from the premises if rent and other
charges have not been paid for 60 days and the required notice has
been sent and would revise the time period within which that notice
is to be sent. This bill would make technical changes to the
declaration in opposition to lien sale.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21702.5 of the Business and Professions Code is
amended to read:
21702.5. (a) Any lien on a vehicle or vessel subject to
registration or identification under the Vehicle Code that has
attached and is set forth in the documents of title to the vehicle or
vessel shall have priority over any lien created pursuant to this
chapter.
(b) Any lien created pursuant to this chapter on a vehicle or
vessel subject to registration or identification under the Vehicle
Code shall be enforced in accordance with Section 3071 of the Civil
Code, in the case of a vehicle, or Section 503 of the Harbors and
Navigation Code, in the case of a vessel, and not as prescribed in
Sections 21705 to 21711, inclusive.
(c) Any lien created pursuant to this chapter on a vehicle or
vessel subject to registration or identification under the Vehicle
Code shall not include any charges for rent, labor, or other services
incurred pursuant to the rental agreement, accruing more than 60
days after the date the lien imposed pursuant to this chapter
attaches, as set forth in Section 21705, and before application is
made for authorization to conduct the lien sale pursuant to the
requirements of Section 3071 of the Civil Code or Section 503 of the
Harbors and Navigation Code.
(d) Any proceeds from a lien sale shall be disposed of pursuant to
Section 3073 of the Civil Code, in the case of a vehicle, or Section
507.5 of the Harbors and Navigation Code, in the case of a vessel.
(e) In addition to the right to foreclose on the vehicle,
watercraft, or trailer, the owner may have the vehicle, watercraft,
or trailer towed from the premises if rent and other charges have not
been paid for 60 days and the notice required in Section 21703 has
been sent. Not less than 10 days before having the vehicle towed, the
owner shall send notice by first-class mail with certificate of
mailing to the occupant's last known address stating the name,
address, and telephone number of the towing company and the street
address of the location where the towed property can be redeemed.
When the towing company takes possession of the vehicle, watercraft,
or trailer, the owner shall not be liable for the property or damage
to the property. The towing company shall be in compliance with
Section 12520 of the Vehicle Code, and shall act in accordance with
Section 22658 of the Vehicle Code in removing the property.
SEC. 2. Section 21705 of the Business and Professions Code is
amended to read:
21705. (a) If the notice has been sent as required by Section
21703 and the total sum due has not been paid within 14 days of 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, 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,____________________, have received the
(occupant's name)
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________ at
(date)
_________ .
(place)
_______________________.
(signature of occupant)
Return this declaration to:
(self-service storage facility address)''
SEC. 3. Section 21706 of the Business and Professions Code is
amended to read:
21706. If a declaration in opposition to the lien sale, executed
under penalty of perjury, is not received by the owner on or prior to
the date specified in the notice of lien sale by certified mail, is
not completed and signed by the occupant, or if the occupant
withdraws the declaration in opposition to the lien sale in writing,
the owner may, subject to Sections 21708 and 21709, sell the property
upon complying with the requirements set forth in Section 21707.
SEC. 4. Section 21713 of the Business and Professions Code is
amended to read:
21713. This chapter shall not be construed to impair or affect
the right of the parties to create additional rights, duties, and
obligations in and by virtue of the rental agreement, including, but
not limited to, the right to limit the value of the property the
occupant may store in the storage space. The rights provided by this
chapter shall be in addition to all other rights provided by law to a
creditor against his or her debtor.
