Vitug

Vitug v. ALAMEDA POINT STORAGE, INC.

Good Law
113 Cal. Rptr. 3d 782·187 Cal. App. 4th 407·2010 Cal. App. LEXIS 1397
Court of Appeal of CaliforniaAugust 10, 2010A124999California3,866 words

Opinion

Opinion

Simons, J.

The California Self-Service Storage Facility Act (the Act) (Bus. & Prof. Code, § 21700 et seq.) regulates certain aspects of the relationship between owners and renters of storage units at self-service storage facilities. In this case, we address the following question: Does the Act prohibit a self-service storage facility from continuing to charge rent and late fees to the renter of a storage unit after the facility has terminated the renter’s right to access the unit due to nonpayment of rent? In the present case, plaintiff and appellant Araceli Vitug (appellant) rented a storage unit from defendant and respondent Alameda Point Storage, Inc. (respondent). After appellant fell behind on her rent payments, respondent sent her by certified mail a preliminary lien notice and then a notice of lien sale, which stated that her “right to use” her storage unit “has been terminated.” Appellant subsequently paid respondent more than the lien amount specified in the notice. Respondent took the position that appellant’s payment was insufficient because appellant owed respondent for additional monthly rent and late fees that had accrued following issuance of the notice. Respondent…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.