Bill Text: CA AB498 | 2025-2026 | Regular Session | Introduced

California Assembly Bill 498

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Self-service storage facilities: lien notices: email.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2025-10-06 - Chaptered by Secretary of State - Chapter 369, Statutes of 2025. [AB498 Detail]

Download: California-2025-AB498-Introduced.html

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 498

Introduced by Assembly Member Michelle Rodriguez

February 10, 2025

An act to amend Section 21712 of the Business and Professions Code, relating to self-service storage facilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 498, as introduced, Michelle Rodriguez. 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 14 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 if the occupant acknowledges receipt of the electronic transmission of the document by executing an electronic signature.

This bill would also authorize an owner to demonstrate actual delivery and receipt of a lien notice if the document is transmitted to the occupant using a system that confirms that the document was delivered to the occupant’s email address that includes the date and time of delivery and, before transmitting a document, the owner provides the occupant with the email address from which the owner will transmit the notices and directs the occupant to modify their email settings to bypass any spam filters.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 21712 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 14 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 21703 or 21705 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 21703 and 21705 to the occupant and to the alternative address specified in subdivision (b) by ~~electronic mail~~ 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 ~~electronic mail.~~ email.

(B) The occupant provides a written signature on the rental agreement consenting to receive lien notices by ~~electronic mail.~~ 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 posted 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.

(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 ~~electronic mail~~ email communication, and there is delivery path evidence that the reply email was sent from the occupant’s email address.

(E) The document is transmitted to the occupant using a system that confirms that the document was delivered to the occupant’s email address that includes the date and time of delivery. Before transmitting a document pursuant to this subparagraph, the owner shall provide the occupant with the email address from which the owner will transmit the notices and direct the occupant to modify their email settings to bypass any spam filters. The owner shall notify the occupant of any change in the email address from which notices will be sent before changing the email address.
~~(E)~~

(3) If the owner is unable to demonstrate actual delivery and receipt pursuant to ~~this paragraph,~~ 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 21703 or 21705.