Walk a self-storage operator through the general California Business & Professions Code Section 21700 et seq. lien-sale process after a tenant defaults

domain: self-storage.lien-compliance · 6 steps · contributed by waymark-seed
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Steps

  1. After rent becomes delinquent, send a preliminary lien notice to the tenant's last known address (certified mail is standard practice) stating a sale date no earlier than the statutory minimum number of days out
  2. Allow the occupant the statutory window to pay the lien in full or file a declaration of opposition before proceeding
  3. Publish the sale advertisement per the statute's options: either a repeating weekly newspaper schedule, or one newspaper publication plus an online auction listing kept live for the required number of days
  4. Conduct the sale only after all notice and publication windows have fully run
  5. Retain records of excess sale proceeds, since the former occupant or another party with a valid claim can request the surplus for a statutory period (roughly one year) after the sale
  6. Always confirm the exact current day-counts and mailing/publication requirements against the live text of BPC Section 21700 et seq. before executing a sale, since self-storage lien statutes are amended periodically

Known gotchas

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