Under California Self-Service Storage Facility Act, storage facility may continue to charge late fees to renter whose access to unit has been terminated. Araceli Vitug v. Alameda Point Storage, Inc., (No. A124999, California Courts of Appeal, First Appellate District, Division Five, August 10, 2010).
In this case, the Appeals Court addressed the issue of whether the California Self-Service Storage Facility Act (Business and Professions Code Section 21700 et seq.) prohibits 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 non-payment of rent. In this case, plaintiff bought an action against the defendant self-service storage facility under the Unfair Business Practices Act and the Consumer Legal Remedies Act (hereinafter, collectively, “the Acts”) based upon allegations that the defendant violated the Acts by continuing to charge rent and late fees after terminating the right to use her storage unit. The trial court granted the defendant=s motion for summary adjudication concluding the Acts, did not prohibit defendant from charging additional rent and late fees. The appeals court agreed and affirmed. The court did not decide whether the defendant had the right to charge the additional rent and late fees under the lease agreement because the plaintiff had forfeited that issue.
Adjmediator's Blog 