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  • New to the Lien process

    Being new to this business, we have abandoned units that are years behind. Basically got told their abandoned and trash units. So all I have done is throw stuff away that usually is all trash anyway. I know my boss doesn't really care to sell the units, as anything that's useful we would sell at our thrift shop location, but nothing has been deemed good enough for that. I am just wondering, can I do the lien process without necessarily selling the unit? I know my boss doesn't want to go through the process of posting in the paper and stuff, they write the money as a loss as is. To them, it isn't a horribly important deal, other than getting out the ones that don't pay and brining in ones that will.

  • #2
    What does your state storage lien laws say? Some say if it's $300 or below you can trash it and just close it out. But make sure you follow the lien laws of your state. No need to go to court if you don't need to.
    "The comeback is always stronger than the setback."
    Mom, Navy Vet, genealogist and voracious reader
    Always sunny in California

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    • #3
      California Self Storage Lien Law (ibid4storage.com)

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      • #4
        In CA, you have to sell every unit according to the rules. We can't deem anything as trash until after it doesn't sell at auction. Otherwise, you open your company up to lawsuits.
        MamaDuke

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        • #5
          Honestly, if you've already been in the units it's really too late to follow the lien process. You're technically not supposed to go in and take pics etc and do the whole thing. Definitely talk to the storage association-or you can call Carol Mixon Krendl at Skilcheck and ask her! 209-333-4555. She knows everything about the lien process for CA.
          "The comeback is always stronger than the setback."
          Mom, Navy Vet, genealogist and voracious reader
          Always sunny in California

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          • #6
            Just re-reading the California law again, that i sent a link to. I am in no way smart in legal talk, reading it is almost like foreign to me, but I found this in 21709 of the California business and professions code "....If a court order is not obtained within 30 days following the date of the payment pursuant to this section, the claimant shall pay the owner the monthly rental charge for the space where the property is stored pursuant to the terms of the rental agreement. If the claimant does not pay this rent, the owner may sell or dispose of the personal property in accordance with Section 21707. " with what that says, wouldn't we be able to do what we see fit with the items after a certain amount of time? unless they paid or receiving a declaration of opposition to the lien? please correct me if I'm wrong, I know legal talk is very tricky

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            • #7
              In CA you can NEVER just dispose of the goods. I was trained personally by Carol mentioned above! She used to be the VP for the CSSA, so she REALLY knows her stuff.
              MamaDuke

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              • #8
                Habitat4HumanityHV posted that the units in question have been sitting full of crap for YEARS!

                Is there a way to consider these units in question truly abandoned? So that the stuff could be just trashed?

                Good luck and keep us posted.
                Don't put off until tomorrow, what you can do today.

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                • #9
                  lady5563 Ya truly a mess I am trying to fix up here. Majority of our damaged units are really just vacated units or abandoned units (as far as I was informed by the previous manager) that he was just to lazy to clear out, so he marked them as damaged. I am trying to get this place running smooth and fix all of the past mistakes. Other than going through the entire lien process I believe is the only way to truly know its abandoned and can get rid of stuff or sell it

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                  • #10
                    I will take all contents from abandoned units & place them into one unit, so I've got a Managers Special to sell. Say someone walks in & abandons the whole unit; then it becomes a Managers Special as well. I've learned to have a spot to place "forgotten items" & sell em

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                    • #11
                      Originally posted by Habitat4HumanityHV View Post
                      lady5563 Ya truly a mess I am trying to fix up here. Majority of our damaged units are really just vacated units or abandoned units (as far as I was informed by the previous manager) that he was just to lazy to clear out, so he marked them as damaged. I am trying to get this place running smooth and fix all of the past mistakes. Other than going through the entire lien process I believe is the only way to truly know its abandoned and can get rid of stuff or sell it
                      It does sound like the previous management may have held an auction and those units never sold AND said management never bothered to take the next step in cleaning them out to rent the unit again.

                      If you believe in your heart of hearts that is the case.....hire a huge open dumpster for a day or 2 and get those units empty!!!

                      I also agree with sam9555, in that if you feel that MAYBE these things are sellable, think about combining these items into one unit and attempt to sell that unit as a whole?

                      Good luck and please keep us updated!

                      Don't put off until tomorrow, what you can do today.

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                      • #12
                        I know they have not held an auction cause when I first got hired we had 2 big truck dumpsters back in our storage area that we used a fork lift with a hopper to junk out "abandoned" units. I guess the previous owner prior to us really let the units go, like bad status. People werent paying for over a year but still have access to their units, just poorly cared about. The person that I took over was very lazy, that I had taken a list of all our "damaged" units and went through them, out of 90 units only about 25 are actually damaged, rest are trash, old hotel furniture or units that have been not paid on for almost 2 years. He complained about calling tenants about reminders for payments or late payments cause, and I quote, "...but....they're gonna yell at me...." but I'm going to sit down with my boss and say look this is what needs to be done to get out the last 20 units that are not paid and these other 12 units that are 2 months behind out of here or paid.

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                        • #13
                          Sounds like you need SEVERAL open dumpsters to be scheduled!!!
                          And get the driver to put them most near the units in question and get them cleaned out and spit shined!
                          Don't put off until tomorrow, what you can do today.

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