Landlord's Liens

Where personal property remains on the premises after a tenancy has terminated and the premises have been vacated by the tenant, the landlord shall give written notice to the tenant and to any other person the landlord reasonably believes to be the owner of the property. The notice shall advise the person to be notified that reasonable costs of storage may be charged before the property is returned, where the property may be claimed, and the date before which the claim must be made. The date specified in the notice shall be a date not less than 15 days after the notice is personally delivered or, if mailed, not less than 18 days after the notice is deposited in the mail. (West's Ann.Cal.Civ.Code § 1983) If the landlord stores the personal property on the premises, the cost of storage shall be the fair rental value of the space reasonably required for that storage for the term of the storage. Costs shall not be assessed if the former tenant reclaims property stored on the premises within two days of having vacated the premises. (West's Ann.Cal.Civ.Code § 1990) A financing statement which can be filed as a fixture filing and covers goods that are or are to become fixtures. (West's Ann.Cal.Com.Code § 9502)

Both under Article 9 (Secured Transactions) and Article 10 (Leases), perfected security interest in fixtures and leases have priority over the conflicting interest of an encumbrancer or owner of the real estate if (a) the security interest or lease is purchase money, the interest of the encumbrancer or owner arises before the goods become fixtures, a fixture filing covering the fixtures is filed before the goods become fixtures or within 20 days thereafter, and the debtor has an interest of record in the real estate or is in possession of the real estate; or (b) a fixture filing covering the fixtures is filed before the interest of the encumbrancer or owner is of record, the security interest or lease has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner, and the debtor or lessee has an interest of record in the real estate or is in possession of the real estate; or (c) the fixtures are readily removable factory or office machines or readily removable equipment that is not primarily used or leased for use in the operation of the real estate, or consumer purposes; or (d) the conflicting interest is a lien on the real estate obtained by legal or equitable proceedings after the security interest or lease was perfected by any permitted method; or (e) the owner or encumbrancer of the property consents to subordinate or waive its claims in the personal property (Landlord or Mortgagee Waiver). U.C.C. 9334 and U.C.C. 10309.