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What are we legally suppose to do.

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K

KCowan

Guest
We run a small self storage business. Yesterday one of our customers was killed in an accident. Her contract with our company states that NOBODY other than her is to have access to her unit. Now a guy called that said he was her son and wants her stuff. What are we legally bound to do, just open her unit to this person who claims to be her son. Or is there some legal procedure we need to follow. We have never had anything like this happen before.

Thanks for any advice
 


I

I AM ALWAYS LIABLE

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by KCowan:
We run a small self storage business. Yesterday one of our customers was killed in an accident. Her contract with our company states that NOBODY other than her is to have access to her unit. Now a guy called that said he was her son and wants her stuff. What are we legally bound to do, just open her unit to this person who claims to be her son. Or is there some legal procedure we need to follow. We have never had anything like this happen before.

Thanks for any advice
<HR></BLOCKQUOTE>

My response:

You tell him "Sure, as soon as we get orders from the Probate Court allowing you custody of her property, and a Certified Bank Check or Money Order for the outstanding charges, in the amount of $__________, you'll be more than welcome to come get her stuff. Until then, no."

BUSINESS AND PROFESSIONS CODE : SECTION 21700-21716

21700. This act shall be known as the "California Self-Service
Storage Facility Act."

21701. For the purposes of this chapter, the following terms shall
have the following meanings:
(a) "Self-service storage facility" means any real property
designed and used for the purpose of renting or leasing individual
storage space to occupants who are to have access to the space for
the purpose of storing and removing personal property, but does not
include a garage or other storage area in a private residence. No
occupant shall use a self-service storage facility for residential
purposes. A self-service storage facility is not a warehouse, nor a
public utility, as defined in Section 216 of the Public Utilities
Code. If an owner issues any warehouse receipt, bill of lading, or
other document of title for the personal property stored, the owner
and the occupant are subject to the provisions of Division 7
(commencing with Section 7101) of the Commercial Code, and the
provisions of this chapter do not apply.
(b) "Owner" means the owner, operator, lessor, or sublessor of a
self-service storage facility, his or her agent, or any other person
authorized by him or her to manage the facility, or to receive rent
from an occupant under a rental agreement, and no real estate license
is required.
(c) "Occupant" means a person, or his or her sublessee, successor,
or assign, who is entitled to the use of the storage space at a
self-service storage facility under a rental agreement, to the
exclusion of others.
(d) "Rental agreement" means any written agreement or lease which
establishes or modifies the terms, conditions, rules, or any other
provision concerning the use and occupancy of a self-service storage
facility.
(e) "Personal property" means movable property not affixed to
land, and includes, but is not limited to, goods, merchandise,
furniture, and household items.
(f) "Last known address" means that address provided by the
occupant in the latest rental agreement, or the address provided by
the occupant in a subsequent written notice of a change of address.


21702. The owner of a self-service storage facility and his or her
heirs, executors, administrators, successors, and assigns have a lien
upon all personal property located at a self-service storage
facility for rent, labor, or other charges, present or future,
incurred pursuant to the rental agreement, and for expenses necessary
for the preservation, sale, or disposition of personal property
subject to the provisions of this chapter. The lien may be enforced
consistent with the provisions in this chapter.

21702.5. (a) Any lien on a vehicle or vessel subject to
registration or identification under the Vehicle Code which 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 the provisions of 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, except that actions
may be conducted as provided in Section 21710.
(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.

21703. When any part of the 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 notice to the
occupant's last known address, and to the alternative address
specified in subdivision (b) of Section 21712, by certified mail,
postage prepaid, containing all of the following:
(a) An itemized statement of the owner's claim showing the sums
due at the time of the notice and the date when the sums became due.

(b) A statement that the occupant's right to use the storage space
will terminate on a specified date (not less than 14 days after the
mailing of the notice) unless all sums due are paid by the occupant
prior to the specified date.
(c) A notice that the occupant may be denied access to the storage
space after the termination date if the sums are not paid, and that
an owner's lien, as provided for in Section 21702, may be imposed
thereafter.
(d) The name, street address, and telephone number of the owner,
or his or her designated agent, whom the occupant may contact to
respond to the notice.


21704. A notice in substantially the following form shall satisfy
the requirements of Section 21703:


PRELIMINARY LIEN NOTICE

TO _____________________________________________________________
(occupant)
_____________________________________________________________
(address)
_____________________________________________________________
(state)

You owe and have not paid rent and/or other charges for the use
of storage _____________________________________________________
(space number)
at ____________________________________________________________.
(name and address of storage facility)
These charges total $___________________________________________
(amount)
and have been due for more than 14 days. They are itemized as
follows:

Due Date Description Amount


TOTAL: $__________________________

If this sum is not paid in full before
________________________________________________________________
(date at least 14 days from mailing)
your right to use the storage space will terminate, you will be
denied access, and an owner's lien on any stored property will
be imposed.

You may pay this sum and may contact the owner at:
________________________________________________________________
 

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