(1) 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 last known address, as defined to mean the address provided by the occupant, as specified.
Existing law, until January 1, 2021, authorizes the notice to be sent by electronic mail subject to specified conditions. Existing law also allows an owner to demonstrate actual delivery and receipt of documents by, among other methods, the occupant acknowledging receipt of the electronic transmission of the notice by executing an electronic signature or by transmitting the notice to the occupant through an application on a personal electronic device, as provided.
This bill would remove the January 1, 2021, date, thus authorizing the sending of the notice by electronic mail indefinitely. The bill would allow an owner to demonstrate actual delivery and receipt of documents by transmitting the document to the occupant through an application on an internet website, rather than an application on a personal electronic device, or by the occupant acknowledging receipt by replying to the electronic mail communication, and would make conforming changes. The bill would make the provision allowing an owner to demonstrate actual delivery and receipt of documents by email communication inoperative on January 1, 2024.
(2) Existing law, until January 1, 2021, deems a lien to attach if the notice has been sent and the total sum due has not been paid by the specified termination date. Existing law requires the owner to send to the occupant's last known address a notice of lien sale and a blank declaration in opposition to the lien sale.
This bill would remove the January 1, 2021, date.