2009 California Civil Code - Section 1851-1857 :: Article 3. Storage

SECTION 1851-1857

1851.  A deposit not gratuitous is called storage. The depositary in
such case is called a depositary for hire.

1852.  A depositary for hire must use at least ordinary care for the
preservation of the thing deposited.

1853.  In the absence of a different agreement or usage, a
depositary for hire is entitled to one week's hire for the sustenance
and shelter of living animals during any fraction of a week, and to
half a month's hire for the storage of any other property during any
fraction of a half month.

1854.  In the absence of an agreement as to the length of time
during which a deposit is to continue, it may be terminated by the
depositor at any time, and by the depositary upon reasonable notice.

1855.  Notwithstanding an agreement respecting the length of time
during which a deposit is to continue, it may be terminated by the
depositor on paying all that would become due to the depositary in
case of the deposit so continuing.

1856.  A depositary for hire has a lien for storage charges and for
advances and insurance incurred at the request of the bailor, and for
money necessarily expended in and about the care, preservation and
keeping of the property stored, and he also has a lien for money
advanced at the request of the bailor, to discharge a prior lien, and
for the expenses of a sale where default has been made in satisfying
a valid lien. The rights of the depositary for hire to such lien are
regulated by the title on liens.

1857.  If from any cause other than want of ordinary care and
diligence on his part, a depositary for hire is unable to deliver
perishable property, baggage, or luggage received by him for storage,
or to collect his charges for storage due thereon, he may cause such
property to be sold, in open market, to satisfy his lien for
storage; provided, that no property except perishable property shall
be sold, under the provisions of this section, upon which storage
charges shall not be due and unpaid for one year at the time of such
   All Acts and parts of Acts in conflict with the provisions of this
Act are hereby repealed.
   This Act shall take effect from and after its passage.

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