We overlock at our facility on the 11th day of the tenant being late. I was recently told that was not the correct method. I was told that we cannot deny access til approx the 30th day I think. What do you folks do at your site? And is overlocking denying access?

From what we know of the California Lien Laws you can not deny access until the unit is in Lien status. That does not happen until the unit is a minimum 30 days late.
Any overlocking prior to that is a violation of your contract and California State Law.

We got into this discussion with Jeffery at the Legal Learning Seminar in Vegas- some were worried that the tenet would still be able to enter through the walk gate or with another tenet and empty the unit. That has never happened to us, but if it did I would be happy -- one more deadbeat I don't have to auction!

Just my .02

__________________
Wayne
All American Self Storage
Palmdale, CA.
webmaster@all-americanselfstorage.com

I was there too, but my question I guess is overlocking considered denying access if they come in the office and we go and let them in.

I am no lawyer, but I believe it is -- besides being a PITA. Might have to check with your lawyer on that one.

__________________
Wayne
All American Self Storage
Palmdale, CA.
webmaster@all-americanselfstorage.com

You cannot 'deny access' until the lien letters go into the mail system. Then you can legally lock out of your gate and prepare for the auction; lock cuts, inventories etc.

At our facility it is on day 37. Rent due on or before the first, late the 10th, preliens on the 20th, then lien letters out the following month on the 7th.

To be safe, we put in a couple extra days to account for mailing times, holidays and the like. If you cut too close to the minimum day requirements between processes you could be on the losing end in any potential lawsuit. So we prefer to err on the side of caution.

The CA Self Storage Association has an annotated version of the CA lien law for $20-25. Look under FAQs on the right hand column.

http://www.cssaweb.com/index.html

At my site, I still tell people after the 10th they can not go in unless they pay. But if someone raises a stink, I will let them in. Here in Ca we are allowed to start pre-lien after 14 days past due, but I do the pre-liens on the first day of the next month. I usually avg. 5-8 people for pre-lien.