Table of Contents
For Self-Storage Facility Operators and Managers
For Individuals Using Self-Storage Units
Public Notice Requirements in California
Sacramento County: Local Guidelines
Santa Clara County: Local Guidelines
Steps for Filing a Self-Storage Public Notice in Sacramento County
Why Compliance Matters
3 Key Takeaways:
- Use Multiple Channels: Although some cases allow for electronic notifications, print public notices in newspapers remain essential, particularly in counties like Sacramento. For more on public notice requirements in Sacramento County, see How to Publish a Public Notice in Sacramento, California.
- Know Your Deadlines: Ensuring that notices are published well before the auction will keep you compliant and avoid potential legal headaches. For more information on newspaper deadlines, see How to Meet Public Notice Deadlines in Newspapers.
- Explore Online Public Notice Options: Using online platforms like Column can simplify a key part of the lien sale process, by connecting you to the correct newspaper-of-record. Ensuring that you are properly distributing the Notice of Auction is important for achieving broad exposure for your auctions.
Introduction
Self-storage facilities offer a convenient solution for individuals looking to store personal belongings, whether temporarily or long-term. However, the business of self-storage comes with legal obligations, especially when it comes to handling unpaid rent, abandoned units, and public auctions. Both operators of these facilities and individuals who rent units should be familiar with California’s public notice requirements to avoid legal issues. Here’s a breakdown of what both owner/operators and individuals need to know.
For Self-Storage Facility Operators and Managers
Running a self-storage business in California involves legal requirements that help protect both the facility and the customer. Below are key considerations for operators regarding public notices and auctions.
1. Handling Unpaid Rent and Abandoned Units
When a customer fails to pay rent on a storage unit, California law permits the facility to sell the contents of the unit to recover the unpaid balance. However, before taking this step, you must follow a clear legal process, including issuing a public notice of the auction.
Steps to take:
- Issue a Notice of Lien: Under the California Self-Service Storage Facility Act, you are required to notify the tenant in writing about the lien on the stored property after a certain number of missed payments (often at least 14 days).
- Post a Public Notice of Sale: If the tenant does not respond or pay the overdue balance, you must post a notice of the public auction. This notice must be published in a local newspaper for two consecutive weeks. For more information, see How to Quickly Post Public Notices Online.
- Follow Auction Procedures: The public auction must be held at the location of the storage facility or online, with bidders having a fair chance to inspect the contents being sold.
2. Public Notice Requirements for Storage Auctions
o comply with California’s laws, storage facilities must post a public notice before auctioning a delinquent tenant’s belongings. This ensures transparency and gives the tenant a final chance to settle their debt.
Public notice must include:
- Unit Number and description of contents (if possible).
- Tenant’s Name and last known address.
- Date, Time, and Location of the auction (can be an online auction or in-person).
- Facility Contact Information for interested bidders.
Not adhering to these requirements could result in legal action by the tenant or fines. It’s also important to note that if you don’t follow the notice and auction steps precisely, you may not be able to recover the unpaid rent.
For more details, see Public Notice Templates: How to Post Your Legal Ad.
3. Why Public Notices are Important
Public notices serve as a legal record that the facility is following the required steps in auctioning off a tenant’s belongings. It also serves as a protective measure, ensuring the auction process is fair and gives proper warning to the tenant.
For Individuals Using Self-Storage Units
If you’re renting a self-storage unit, it’s important to know your rights and responsibilities, particularly when it comes to late payments and the risk of losing your stored items through a public auction.
1. What Happens If You Miss a Payment?
When renting a storage unit, you enter into a rental agreement that includes terms about late payments and the consequences of non-payment. If you fall behind on payments, the facility can place a lien on your stored property and eventually sell it at a public auction.
Steps to Avoid Losing Your Belongings:
- Understand Your Contract: Ensure you’re familiar with the terms of your rental agreement, particularly the grace period for late payments and the lien process.
- Pay Attention to Notices: If you receive a notice of lien or auction, act quickly. California law gives you a short window to settle your debt or make arrangements before your property is sold.
- Negotiate with the Facility: Some storage facilities are willing to work out payment plans if you communicate with them early on.
For more, see our article Can They Take My Stuff? What a Notice of Public Auction Is, When It’s Posted, and Why It Happens in California.
2. Public Notices and How They Affect You
If your storage unit is up for auction due to unpaid rent, the storage facility will post a public notice in a local newspaper. This can feel stressful, but the notice is a final step in the legal process and your last opportunity to reclaim your items.
What a Public Notice Includes:
- Your name and last known address.
- The unit number and possibly a description of what’s inside.
- The date and time of the auction.
This notice will appear in the newspaper for two consecutive weeks before the auction. If you want to avoid your items being sold, you should settle your account before the auction date. You can review the rules of your county in California with Public Notices in California: A County-By-County Guide.
3. How to Protect Yourself from Auction Risk
To avoid the risk of a public auction and losing your property, it’s important to stay on top of your payments and understand the terms of your contract.
Best Practices:
- Set Up Automatic Payments: This can help you avoid missing payments due to forgetfulness or administrative errors.
- Keep Track of Deadlines: Be aware of the facility’s timeline for late payments and auction procedures.
- Maintain Communication: If you’re facing financial difficulties, reach out to the facility as soon as possible. Many operators are willing to work with you on a payment plan.
Public Notice Requirements in California
As of January 1, 2024, California updated its self-storage lien notification process. According to the California Self Storage Association (CSSA), the new regulations (AB-1916) modify how facilities must advertise lien sales. Previously, operators were required to publish notices in local newspapers, but now the law allows for electronic alternatives in certain circumstances, which can reduce costs for storage facilities. For detailed legal updates, see AB-1916.
Sacramento County: Local Guidelines
For Sacramento County, the law requires that lien notices are published in a widely distributed local newspaper unless electronic notification is used. The Public Notice Resource Center (PNRC) explains the importance of publishing notices in print to ensure transparency and legal compliance. This is particularly relevant in high-population counties like Sacramento, where public access to print publications is still significant. For more on public notice requirements in Sacramento County, see How to Publish a Public Notice in Sacramento, California.
Santa Clara County: Local Guidelines
In Santa Clara County, self-storage operators must follow similar public notice requirements as those in Sacramento, with a focus on local newspapers for lien sales. Under the new AB-1916 guidelines, electronic notices are permitted in some cases, but printed notices remain a reliable method for ensuring compliance with California’s self-storage lien laws.
According to the Public Notice Resource Center (PNRC), public notice transparency is critical in high-tech areas like Santa Clara, where digital options are more common, but print is still an essential medium for legal notifications. Facility operators should publish their lien notices in a newspaper of general circulation within the county, such as The Mercury News, to meet the legal requirement for public notification before a lien sale. Online platforms like Column can also help streamline the notice process and maximize auction exposure. For more on public notice requirements in Santa Clara county, see How to Publish Public Notices in Santa Clara County.
Steps for Filing a Self-Storage Public Notice in Sacramento County
- Prepare the Notice: Ensure that your lien notice includes all necessary information, such as the tenant’s name, unit number, amount owed, and the date of the auction. This is critical for legal compliance. For more information on how to write a public notice, see Public Notice Templates: How to Post Your Legal Ad.
- Choose the Right Publication: While electronic notices are permitted under AB-1916, Sacramento County still recognizes traditional print notices as valid. When selecting a publication, confirm that it meets the state’s requirement for a “newspaper of general circulation.” In Sacramento County, for example, this could include newspapers such as The Observer. For a list of other newspapers in California that qualify, see our article How to Post Public Notices in California: County-by-County.
- Timing: California law mandates that you must provide notice at least 15 days before the auction date. Be sure to confirm specific deadlines with your chosen newspaper to avoid delays. For more information on California laws and deadlines, see How to Post Public Notices in California: County-by-County.
- Online Portals: In addition to print, many storage companies are now utilizing online platforms like Column for public notices related to lien sales. These platforms allow facility owners to manage public notices in one place. Digital platforms like Column help streamline a key aspect of the lien sale process, connect storage companies to qualified regional newspapers, and provide additional visibility for auctions.
Why Compliance Matters
Staying compliant with public notice laws in California isn’t just about following rules—it’s about safeguarding your business from legal challenges. If a self-storage facility fails to meet the public notice requirements, the lien sale could be invalidated, resulting in costly lawsuits or fines. The Inside Self-Storage (ISS) journal emphasizes how small mistakes, like missing a publication deadline, can have significant repercussions. Read more about California’s self-storage lien sale laws in the ISS’s latest article.
Conclusion
For more detailed information about the lien process and public notice requirements, check out the California Self Storage Association’s overview on recent legal changes here.
By understanding the public notice requirements and keeping up with new legislation, self-storage owners in Sacramento County can confidently manage lien sales and remain compliant with California laws.
Disclaimer: This blog is for general informational purposes only and is not intended to be legal advice. While we strive to ensure the accuracy of the information, laws and legal processes can vary, and they are subject to change. We recommend consulting with a licensed attorney or legal professional for advice regarding your specific legal situation. Column and its authors are not responsible for any errors or omissions in this content, or for any actions taken based on the information provided in this blog.
