20250AB__049896CHP INTRODUCED 2025-02-10 AMENDED_ASSEMBLY 2025-03-17 PASSED_ASSEMBLY 2025-04-01 PASSED_SENATE 2025-08-25 ENROLLED 2025-08-27 CHAPTERED 2025-10-06 APPROVED 2025-10-06 FILED 2025-10-06 AB CHP CHP Introduced by Assembly Member Michelle Rodriguez LEAD_AUTHOR ASSEMBLY Michelle Rodriguez

An act to amend

Section of the Business and Professions Code, relating to self-service storage facilities. self-service storage facilities Self-service storage facilities: lien notices: email. Existing law, the California Self-Storage Facility Act, authorizes a self-storage facility owner to terminate the right of an occupant to the use of a storage space if rent or other charges due remain unpaid for consecutive days by sending a lien notice and the total sum due has not been paid by the termination date specified in the preliminary lien notice, in accordance with specified procedures.

Existing law authorizes an owner to send lien notices to the occupant by email if the rental agreement states that lien notices may be sent by email and the occupant provides a written signature on the rental agreement consenting to receive lien notices by email.

Existing law specifies the ways an owner may demonstrate actual delivery and receipt of the lien notices sent by email, including by posting the document on the owner’s secure internet website and there is evidence demonstrating that the occupant logged onto the licensee’s secure internet website and downloaded, printed, viewed, or otherwise acknowledged receipt of the document.

This bill, instead, would provide that an owner may demonstrate actual delivery and receipt of a lien notice by delivering the document to the occupant’s email address and there is evidence demonstrating that the occupant downloaded, printed, viewed, opened, or otherwise acknowledged receipt of the document. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Business and Professions Code is amended to read: 21712. (

a) Each contract for the rental or lease of individual storage space in a self-service storage facility shall be in writing and shall contain, in addition to the provisions otherwise required or permitted by law to be included, a statement that the occupant’s property will be subject to a claim of lien and may even be sold to satisfy the lien if the rent or other charges due remain unpaid for consecutive days and that those actions are authorized by this chapter. (

b) The provisions of this

chapter shall not apply, and the lien authorized by this

chapter shall not attach, unless the rental agreement requests, and provides space for, the occupant to give the name and mailing or email address of another person to whom the preliminary lien notice and subsequent notices required to be given under this

chapter may be sent. Notices sent pursuant to

Section or shall be sent to the occupant’s address and the alternative address, if both addresses are provided by the occupant. Failure of an occupant to provide an alternative address shall not affect an owner’s remedies under this

chapter or under any other law. (c)

(1) The owner may send the notices required by Sections and to the occupant and to the alternative address specified in subdivision (

b) by email only if both of the following conditions are met: (

A) The rental agreement states that lien notices may be sent to the occupant and to the alternate by email. (

B) The occupant provides a written signature on the rental agreement consenting to receive lien notices by email.

(2) An owner may demonstrate actual delivery and receipt by any of the following: (

A) The occupant acknowledges receipt of the electronic transmission of the document by executing an electronic signature, which is defined as an electronic sound, symbol, or process attached to, or logically associated with, an electronic record and executed or adopted by a person with the intent to sign the electronic record. (

B) The document is delivered to the occupant’s email address, and there is evidence demonstrating that the occupant downloaded, printed, viewed, opened, or otherwise acknowledged receipt of the document. (

C) The document is transmitted to the occupant through an application on an internet website that is secured by password, biometric identifier, or other technology, and there is evidence demonstrating that the occupant logged into the application and viewed or otherwise acknowledged receipt of the document. (

D) The occupant acknowledges receipt of the electronic transmission of the document by replying to the email communication, and there is delivery path evidence that the reply email was sent from the occupant’s email address.

(3) If the owner is unable to demonstrate actual delivery and receipt pursuant to paragraph (2), the owner shall resend the notice by mail to the occupant’s last known mailing address in the manner originally specified by the underlying provisions of

Section or 21705.