Storage Unit Basics
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This information is only intended to give you a general idea of the current laws on storage units in California. It’s important to remember that laws and legal procedures can change a lot. Also, you should remember that different people can have different understandings of what the law means.
The information in this Fact Sheet is current as of 9/2/2025. Legal Aid Society of San Diego does not guarantee that the information in this Fact Sheet is up-to-date after 9/2/2025.
In this Fact Sheet, Legal Aid Society of San Diego is not telling you what to do in your specific situation. Legal Aid Society is not responsible for what you do with this information. Don’t rely on this information without consulting an attorney about your rights in your particular situation.
Updated on September 2, 2025
Renting a storage unit can be complicated, so here are some of the rules. Your rental agreement is a contract between you and the storage facility. That agreement, along with state laws, controls your rights and responsibilities.
The laws can change, so it's important to remember that the information here is general and may not apply to your exact situation.
YES - The storage facility can stop you from getting to your things.
If you don't pay what you owe for 14 days in a row, the facility can send you a notice. The notice will give you a date to pay all your fees and rent. If you don't pay by that date, your access can be stopped. The rental agreement might also have other reasons they can stop you from getting in, like for safety or cleanliness.
YES - The storage facility can sell your things if you don’t pay.
If you don't pay by the date on the first notice, they can send a second one called a "notice of lien sale." This notice tells you that they will sell your property at an auction at least 14 days later. If you pay everything you owe before the date of the sale, they should cancel the auction and return your ability to access your things.
YES - There are some ways to stop the sale if you can’t pay everything.
There are a couple of ways to stop the sale.
- Try to make a deal. You can talk to the facility manager to see if they'll agree to let you remove your property in exchange for paying what you can. Since auctions often don't get much money for items, this might be a good deal for both of you. A moveout deal like this is voluntary, so both you and the facility must agree on it.
- Declare your opposition. The notice of lien sale comes with a form called a "Declaration in Opposition to Lien Sale." You can fill this out and give it to the facility before the deadline. You'll need to give a valid reason for why they can't sell your things, like if you already paid in full or if they didn't follow the rules. If you submit this form, the facility must go to court to get permission to sell your property. If they win, you might have to pay their court fees.
YES – There might still be ways to get your stuff back even if you can't pay and even if you don't have a good reason to stop the sale.
You might still be able to get your property back. You could try the moveout deal described above, or you could try to buy your own stuff at the auction. You would have to follow the auction rules and maybe bid against other people. You can check with the facility to find out when and where the sale will be. You can also check websites that specialize in storage unit auctions to see if the stuff in your unit is up for sale, like www.storagetreasures.com, www.selfstorageauction.com, www.storageauctions.net, and others.
NO – You usually can’t get your things back if they have already been sold at auction.
The law says that the person who buys your stuff at auction is a "good-faith purchaser," which means they legally own the items, even if the facility was wrong to sell them. If your items were sold by mistake, you might be able to sue the facility in small claims court to get back the value of your property (minus what you owed them). If you are interested in filing a small claims lawsuit against the facility, you can contact a Small Claims Legal Advisor at the San Diego Superior Court, here: www.sdcourt.ca.gov/sdcourt/smallclaims2/smallclaimsadvisor
YES – You might still owe money even if your property gets sold.
The storage facility will use the money from the sale to cover your unpaid rent and fees. If there's any money left over, they are required to hold it for you for a certain period of time. If the auction doesn't bring in enough money to cover your debt, the facility may still be able to sue you for the remaining balance.
YES – The storage facility might send you legal notices.
It is important to keep your address current with the facility, especially if you move around. In addition to your own mailing address, you can give the facility an alternate address for notices (such as a family member or friend who has a permanent address). You can also give the facility an email address for you and your alternate contact.
YES - The storage facility can change the rules, like raising your rent or changing the access hours.
Unlike with an apartment, they can change the rules, including raising the rent, by giving you at least 30 days' written notice. If you keep your items in the unit after 30 days, the changes automatically become part of your rental agreement. Right now, there is no limit on how much your rent can be increased unless your rental agreement includes a special deal.
NO – You don’t have many options if your stuff is damaged or stolen.
You are responsible for your own belongings. Storage facilities are not in charge of your property. Most contracts also say the facility is not responsible if your things are damaged or stolen. This is why many facilities make you buy insurance. It's a good idea to keep a list and photos of what you have stored. If you pay for insurance, ask the facility manager for information about making an insurance claim. Also keep in mind that rental agreements often have a limit on the value of the property you can store there.
YES – You can get in trouble for staying in your storage unit overnight.
The law says you cannot use a storage unit for residential purposes, like staying there overnight. Your rental agreement probably has extra rules about how you can use the facility. If you break the rules, the facility can kick you out or put limits on when you can get to your stuff.
Here’s where you can find the most recent version of the laws in California that cover storage units: Storage Unit Code Sections