Page 1 of 2 1 2 LastLast
Results 1 to 10 of 13

Hybrid View

  1. #1
    Join Date
    Apr 2017
    Posts
    4

    Default Storage Facility Cut Lock Before the Eviction Date

    My question involves landlord-tenant law in the State of: California.

    Long story short, April 21st is the date i was supposed to have all of my belongings out of my unit. I arrived today to talk to management and find out that they cut my personal lock off the unit. When i asked about it, they said "it's part of the eviction process".

    Also, I'm up to date on payments until the beginning of this month.

    What can i do?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Storage Cut Lock Before Eviction Date

    Quote Quoting robbxnab
    View Post

    Long story short, April 21st is the date i was supposed to have all of my belongings out of my unit.
    Make the story just a little bit longer and tell us why you had to be out by April 21st.

    Quote Quoting robbxnab
    View Post

    Also, I'm up to date on payments until the beginning of this month.
    Beginning of what month?

    Are you paid through the end of April?

    The end of March?

    What date are you paid through?

    Oh, and what storage? At your apartment complex? At one of those self storage places?

  3. #3
    Join Date
    Apr 2017
    Posts
    4

    Default Re: Storage Facility Cut Lock Before the Eviction Date

    U-Haul.
    Im not really too sure about why I'm being evicted, they weren't very clear on that either but the reason wouldn't change the process would it?

    Paid to the end of March.

  4. #4
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Storage Facility Cut Lock Before the Eviction Date

    Who told you the 21st date? It's going to depend on the wording of your agreement/contract with them. "by the 21st day" could very easily mean midnight of the 21st which would be at the beginning of the day rather than the end. Why wait 21 days (which I suspect was the very latest you had to get out) after you should have paid to get your belongings out?

    If you only paid through the end of March and then waited, some of this falls onto your shoulders.....

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Storage Facility Cut Lock Before the Eviction Date

    Um, maybe you're being evicted because you're paid to the end of March and it's nearly the end of April? In fact, it's April 22 and you were to be out by the 21st you said.

    So you showed up on the 20th and your lock was cut. Did you actually intend on paying the past due storage fees and removing your property by midnight that day?

  6. #6
    Join Date
    Apr 2017
    Posts
    4

    Default Re: Storage Facility Cut Lock Before the Eviction Date

    In this matter, the reasoning behind my procrastination make no difference.

    1. Cutting my lock 21 days into the late month is definitely not part of the California storage process for non payment.

    2. The employee clearly stated "it's part of the eviction process".

    ^facts

    Also, i got the eviction notice around this time last month. It was a 30 day notice. I was paid up to date.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Storage Facility Cut Lock Before the Eviction Date

    Never heard of them cutting a lock unless you IMPROPERLY placed it in a way that kept them from putting their overlock. Most storage locker doors have a provision for two locks and if you don't pay they put their lock on in addition to yours.

    I'm still not understanding where you get 21 days from. The law only requires 14 days grace. Once they notify you they can either enter the space (break the lock) or deny you access (overlock it). They must still preserve the property within at that point (but you didn't say they didn't do that).

  8. #8
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Storage Facility Cut Lock Before the Eviction Date

    Quote Quoting robbxnab
    View Post

    1. Cutting my lock 21 days into the late month is definitely not part of the California storage process for non payment.
    I don't know where the 21 days come in but cutting the lock is certainly part of the process for non-payment.

    CA Self Storage Act Section 21703. If 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...
    That's the important part. You can read the rest at the link below.

    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.
    There's more at the link below. The point is that cutting your lock (and presumably replacing it) is denying you access according to the statute.

    Here's the link:

    http://leginfo.legislature.ca.gov/fa...r=10.&article=

    Quote Quoting robbxnab
    View Post

    1. Cutting my lock 21 days into the late month is definitely not part of the California storage process for non payment.

    2. The employee clearly stated "it's part of the eviction process".

    Also, i got the eviction notice around this time last month. It was a 30 day notice. I was paid up to date.
    So far I can't make sense out of what you have written.

    You were paid up through March but you got a 30 day notice IN March. What date in March and what was the reason given for the 30 day notice?

    You did not pay for April. Assuming your due date was the first of the month your rent has been in default since April 1.

    Are you saying you got no further notices in April for non-payment?

    If the owner did not comply with the statute (14 days grace followed by 14 days notice which would put the lockout at around the 28th of April) you might very well have recourse.

    However, you're going to have to clear up what and when the March notice was about.

  9. #9
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Storage Facility Cut Lock Before the Eviction Date

    Just curious here, was anything missing from the storage unit or is your only loss the lock?

  10. #10
    Join Date
    Apr 2017
    Posts
    4

    Default Re: Storage Facility Cut Lock Before the Eviction Date

    I don't think anything is missing.

    The eviction notice i received IN March. I did NOT owe them any money at that point. They gave no reason why i was being evicted, the notice simply stated that they would "not be renewing 'my' contract next month".

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Disputing Debts: Self-Storage Facility Will Not Accept Partial Payment of Rent
    By etesianwind in forum Debts and Collections
    Replies: 3
    Last Post: 08-02-2013, 08:45 AM
  2. Burglary: Is a Storage Facility a Habitation
    By Jazzymomm in forum Criminal Charges
    Replies: 4
    Last Post: 02-28-2013, 11:05 PM
  3. Debt Collectors: Repossession of Tools from Storage Facility
    By Duane3876 in forum Debts and Collections
    Replies: 1
    Last Post: 02-20-2011, 07:47 AM
  4. Debt Collectors: Repossession from Storage Facility
    By Duane3876 in forum Debts and Collections
    Replies: 1
    Last Post: 02-18-2011, 03:24 PM
  5. Stolen Property: Storage Facility Has Stolen Goods in It
    By Another Demise in forum Criminal Charges
    Replies: 1
    Last Post: 08-11-2008, 05:31 AM
 
 
Sponsored Links

Legal Help, Information and Resources