PUBLIC STORAGE VICTIMS
HELPING VICTIMS OF
PUBLIC STORAGE AND ITS
ILLEGAL BUSINESS PRACTICES
ILLEGAL IN CALIFORNIA:
ALL AUCTIONS / SALES OF PERSONAL PROPERTY
DENIAL OF OCCUPANT'S ACCESS TO STORAGE UNIT
EVICTION FROM STORAGE UNIT
ACCESS OF UNIT OR REMOVING LOCK BY STORAGE FACILITY
Public Storage misrepresents to consumers that rental agreements they create are valid and enforceable, when really the contracts make Public Storage's foreclosure activities illegal under California law. Public Storage cannot attach ANY liens, perform self-help evictions, or forcible entry and forcible detainers of storage units due to their use of a contract that solicits fraud in the inducement and other failures to send lien notices.
The time has come for Public Storage to pay for years of illegal business practices designed to exploit those who are often times already the most vulnerable amongst society and who often times have the least access to the resources needed to get justice. Public Storage intentionally preys upon Californians in countless shameful, unethical, and illegal ways in the course of its every day business.
ALL auctions, attachment of liens, denials of occupant access, inventory of property
by Public Storage in California are illegal (as of August 2020)
as a result of a fatal defect in their rental agreement and their failure to perform other required duties.
Public Storage can NOT legally attach a lien to any occupant's personal property, deny any occupant access to their storage unit or the personal property within, sell or auction the personal property of any occupant, relocate or remove any personal property, or inspect and itemize any contents of any storage unit.
Why? Several reasons, including a provision of the California Self-Service Storage Facilities Act of 1981 which forbids any of the above-mentioned activities unless specific terminology related to an occupant's designation of an alternative contact person who can also receive lien notices is included in the rental agreement. Public Storage has failed to include this mandatory contract provision and therefore in violation of Assembly Bill 1108 (2016), California Business and Professions Code §21712(b). Any rental agreement that lacks this provision means "the Self-Service Storage Facility Act does not apply, and liens authorized by the Act will not attach." California Forms of Pleading and Practice--Annotated. Vol. 45, Matthew Bender & Company, Inc., a member of the LexisNexis Group, 2019.
Another aspect of their illegal conduct is their failure to send lien notices. Many people in California report that they did not receive any form of notice before Public Storage's illegal foreclosure activities. The law requires a "preliminary lien notice" and a separate "notice of lien sale" be sent via certified mail or with a "certificate of mailing". The purpose of using these shipping options can be used as proof to show what address a piece of mail was sent to, the date it was mailed, and guarantee the piece of mail will be received properly which is a requirement of the laws that govern storage facilities.
All too often, Public Storage does not even bother to follow this requirement of the law. While many people report that no notice whatsoever is sent, Public Storage claims that it sends these notices by bulk mail and obtains a "certificate of bulk mailing" for the sole purpose of saving money and time. A "certificate of bulk mailing" is by no means a "certificate of mailing" as its USPS form indicates. The certificate itself states that it can't be used as a certificate of mailing or as evidence in court nor does it prove anything at all was even sent or to where. Public Storage has even tried to pass these off as "bulk certificate of mailing" which doesn't even exist.
The entire reason they are required to send notice by certified mail is so people get proper notice and can act accordingly. If Public Storage was sending these notices, they'd want to get proof in the form of a certified mail receipt. Having this receipt would otherwise protect them from the enormous legal liability they've exposed themselves to.
Public Storage purposely chooses to not comply with the above-mentioned obligations and due to this failure is breaking the laws when selling personal property, performs self-help evictions via forcible entry and forcible detainers of real property (storage units) that they lease to their customers, or fails to give the required legal notice to their customers when they allege a default. The self-storage laws require the performance of certain tasks before a storage facility has the right to do anything related to evicting a tenant.
Ironically many years ago, Public Storage paid lobbyists to have the very laws enacted that they now violate. In the 1980's the self-service storage industry lobbied for laws that would give self-service storage facilities various rights, contingent upon various obligations. However, Public Storage has decided it's cheaper and easier to simply ignore these laws, do as they please, and pay the legal bills when someone sues them, which occurs thousands of times a year in California alone.
Public Storage's victims deserve justice, however many are unaware of their rights under the California Self-Service Storage Facility Act and the Commercial Code, both of which have similar or identical counterparts throughout the rest of the country. Unlike what Public Storage would like to make its customers think, these rights are not without limits and only can be exercised IF several specific obligations/procedures/steps have been performed.