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Sample of
California Self Storage Lien Law
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 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 or for storing individual storage
containers provided to occupants who have
exclusive use of the container for the purpose of
storing and removing personal property, whether or not the individual storage
containers are transported pursuant to Section 21701.1. Self-service storage
facility does not include a garage or other storage area in a private residence.
No occupant may 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 a 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.
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