Vitug
Vitug v. ALAMEDA POINT STORAGE, INC.
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…