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Lien Law Reference

You must read and understand the full content of your state's lien law before using Lockerfox. You are responsible for all aspects of compliance with the requirements. The Self Storage Association publishes Lien Law Annotated books for many states (Order at https://www.selfstorage.org/Products-Services/Books. If you're in Texas, the TXSSA publishes the Goldbook© Legal Reference (Available to members only). We also encourage you to join your state's Self Storage Association to keep up to date on auction best practices and legal updates. These excerpts are provided as a convenience, you should always refer to the full text of the lien law and consult your legal counsel.

Interesting notes that make various states just a little different:

  • New Mexico requires a sign to be posted in the office drawing attention to the auction risk upon failure to pay.
  • Alabama, Kansas, Mississippi allows selling unit contents singly, or in lots.
  • New Mexico, Ohio requires the tenant's last known address in the newspaper ad.
  • Arizona, Kansas states the sale must be in cash.
  • Arizona requires a sign to be posted in the office drawing attention to the auction risk upon failure to pay.
  • Arizona defines protected property and has an exclusion for such.
  • Arizona makes absolutely no mention of advertising the sale, just that 5 bidders attending is commercially reasonable.
  • Arkansas, the facility cannot sell business records containing personal information.
  • Delaware has the longest time between first public notice and sale date (30 days).
  • New Mexico, Indiana have the longest required period of default before sale, 90 days.
  • North Carolina live auctions cannot occur on Sundays.
  • North Carolina, Indiana, Pennsylvania, Massachusetts, , Mississippi, Tennessee, Rhode Island allows the lienor to purchase at sale.
  • Alabama, California, North Carolina, Indiana, Michigan, Tennessee allows the lienor to move the occupants property.
  • Michigan allows opening containers for inventory.
  • Minnesota allows tenants to remove certain items, upon demand.
Alabama Self Storage Lien Law (Updated October 2021)
Read Full Document on SelfStorage.org

This article shall be known and may be cited as the "Self-Service Storage Act."

Commercially reasonable sale. A sale, conducted pursuant to this article, at the self-service storage facility, another suitable location selected by the operator, or on a publicly accessible website that conducts lien sales or personal property sales.

The operator may enter and remove the personal property from the leased space to other suitable storage space pending its sale or other disposition.

If an occupant is in default for a period of more than 30 days, the operator may enforce the lien granted in Section 8-15-44 by selling the stored personal property of the occupant.

Sale of the personal property of an occupant may be by public or private proceedings.

The personal property may be sold as a unit or in parcels, by way of one or more contracts, at any time or place, with bids or offers sealed or open, and on any terms as long as the sale is a commercially reasonable sale.

The operator may otherwise dispose of any property which has no commercial value.

At least 20 days before the sale, send notice of default to the occupant and any lienholder identified by the occupant in the rental agreement...

...demand for payment of the charges due within a specified time, which shall not be less than 10 days after...

At least seven days before the sale, an advertisement containing the time, place, and terms of the sale shall be published once in a newspaper

if the operator determines, based on the previous experience of the operator, that the contents of the leased space have a value of five hundred dollars ($500) or less, then an advertisement in any commercially reasonable manner shall suffice

The manner of advertisement is deemed commercially reasonable if it is likely to attract at least three independent bidders to attend or view the sale in person or online

The operator may buy the personal property of the occupant at any public sale held pursuant to this section

If the personal property subject to the operator’s lien is a vehicle, watercraft, or trailer and rent and other charges remain unpaid for 60 days, the operator may have the vehicle, watercraft, or trailer towed from the self-service storage facility.

Arizona Self Storage Lien Law
Read Full Document on SelfStorage.org

"Personal information" has the same meaning prescribed in section 44-7501 and includes passport information and medical or legal records.

"Protected property" means personal property the sale or disposal of which is regulated by state or federal law and that is one of the following: (a) Documents, files or electronic data that contains personal information relating to clients, customers, patients or others in connection with the occupant's business. (b) Alcoholic beverages. (c) Pharmaceuticals other than those dispensed by a licensed pharmacy for the occupant's personal use. (d) Firearms.

The rental agreement shall contain a provision requiring the occupant to disclose... Whether any protected property is or will be stored...

If the occupant is in default for a period of more than thirty days, the operator may foreclose the lien by selling the property... at a public sale, for cash

...or if the property is protected property, by disposing of the property pursuant to this section.

Before conducting a sale... the operator shall... Send notice of the default by verified mail or electronic mail to the occupant at the occupant's last known address.

Send a second notice of default by first class mail not less than seven days after the mailing date of the first notice

...demand for payment of the charges due within a specified time, not less than fourteen days after the mailing date of the second notice

...statement that unless the claim is paid within the time stated the contents... will be sold at a specified time and place, or in the case of protected property, otherwise disposed of at a specified time and place.

At any time before a sale... the occupant may pay the amount necessary... and redeem the occupant's personal property.

If the leased space contains protected property and the operator has actual knowledge of the protected property, the protected property shall not be sold but is subject to disposal by the operator. Proper disposal methods include destruction of the protected property or surrendering... to appropriate state or federal authorities.

If five or more bidders... are in attendance... the sale and its proceeds are deemed to be commercially reasonable.

A purchaser in good faith of any personal property sold under this article... Does not acquire ownership of protected property contained in the leased space and shall return to the operator any protected property...

A purchaser in good faith... Except for protected property... takes the property free and clear of any rights of any party.

Each operator acting pursuant to this article shall at all times keep posted... a notice that reads as follows: Articles stored pursuant to a rental agreement may be sold or disposed of if any storage charges are overdue for more than thirty days.

Arkansas Self Storage Lien Law (Updated July 2021)
Read Full Document on SelfStorage.org

If the occupant is in default for more than forty-five (45) days, the operator may enforce the lien by selling the personal property stored in the leased space at a public sale for cash.

Before conducting a sale or removal of personal property under § 18-16-406, the operator shall... Notify the occupant in writing of the default.

A demand for payment of the charges due within a specified time, not less than fourteen (14) days after the date that the notice is sent

A statement that unless the claim is paid within the time stated, the contents of the occupant's space will be sold at a specified time and place

At least seven (7) days before the sale or removal of personal property... Advertise the sale or removal of personal property in a commercially reasonable manner.

The advertisement of a sale of personal property is conducted in a commercially reasonable manner if at least three (3) independent bidders participate in the sale of the personal property

“Independent bidder” means a person... Viewing the sale of personal property online...

At any time before a sale or removal of personal property under this section, the occupant may pay the amount necessary to satisfy the operator's lien and redeem the occupant's personal property.

California Self Storage Lien Law
Read Full Document on SelfStorage.org

If any part of the rent or other charges due from an occupant remain unpaid for 14 consecutive days, an owner may terminate the right of the occupant to the use of the storage space... by sending a notice to the occupant’s last known address... (ed. This is the Preliminary Lien Notice)

...the occupant’s right to use the storage space will terminate on a specified date (not less than 14 days after the mailing of the notice) unless all sums due are paid...

...If the notice has been sent... and the total sum due has not been paid... the owner may... Deny an occupant access to the space... Enter the space... Remove any property found therein to a place of safekeeping...

...the owner shall send to the occupant... A notice of lien sale...

...the property will be sold... after a specified date that is not less than 14 days from the date of mailing the notice, unless the occupant executes and returns by certified mail a declaration in opposition to lien sale

After the expiration of the time given in the notice of lien sale... an advertisement of the sale shall be published once a week for two weeks consecutively in a newspaper...

The advertisement shall include a general description of the goods, the name of the person on whose account they are being stored, and the name and location of the storage facility.

...a commercially reasonable manner of sale includes... an in-person auction or a sale on a publicly accessible Internet Web site that customarily conducts online auctions or sales.

A purchaser in good faith of goods sold... takes the goods free of any rights of persons against whom the lien was claimed...

Colorado Self Storage Lien Law
Read Full Document on SelfStorage.org

(1) A rental agreement must contain: (a) A notice stating that all articles stored under the terms of such agreement will be sold or otherwise disposed of if no payment has been received for a continuous thirty-day period...

After the occupant has been in default continuously for thirty days, the owner may begin enforcement action if the occupant has been notified in writing.

...A demand for payment within a specified time not less than fifteen days after delivery of the notice...

After the expiration of the time given in the notice, the owner shall advertise the sale of the personal property either by... Advertising the sale in any other commercially reasonable manner. The manner of advertisement is deemed commercially reasonable if at least three independent bidders attend the sale at the time and place advertised.

Any sale or other disposition of the personal property must be held... On an online auction website that customarily conducts public auctions...

If the property upon which the lien is claimed is a vehicle or watercraft, and rent and other charges related to the property remain unpaid or unsatisfied for sixty days... The owner may have the property towed...

The owner is not liable for identity theft or other harm resulting from the misuse of information contained in documents or electronic storage media That are part of the occupant's property sold or otherwise disposed of; and Of which the owner did not have actual knowledge

Before any sale or other disposition of personal property pursuant to this section, the occupant may pay the amount necessary to satisfy the lien

A purchaser in good faith of the personal property sold to satisfy a lien as provided in this article takes the property free of any rights of persons against whom the lien was valid

Notice posted in office Each owner acting pursuant to this article shall keep posted in a prominent place in his office at all times a notice which shall read as follows: "All articles stored by a rental agreement, and charges not having been paid for thirty days, will be sold or otherwise disposed of to pay charges."

Connecticut Self Storage Lien Law
Read Full Document on SelfStorage.org

House Bill 5148 was signed by Gov. Ned Lamont on May 24, 2022. It permits the towing of motor vehicles, trailers and other vessels that belong to self-storage tenants who fail to pay rent. It would also allow operators to advertise and hold lien sales online, plus it eliminates the return-receipt requirement. Lockerfox will update this section once the new law appears on selfstorage.org

The owner shall notify the occupant... demand for payment within a specified time not less than fourteen days after

After the expiration of the time given in the notice... if the owner wishes, he may place an advertisement of the sale... in a newspaper

...sale... shall not take place sooner than ten days after the first publication of the advertisement nor sixty days after the date of default.

A purchaser in good faith of personal property sold to satisfy the lien provided for in section 42-160 takes the property free of any rights...

Delaware Self Storage Lien Law

The occupant shall be notified... ...notice shall be delivered in person, by verified mail, by electronic mail, or sent by certified mail to the last-known address of the occupant

...demand for payment within a specified time not less than 30 days after delivery

After the expiration of the time given... an advertisement of the sale... shall be published once a week for 2 consecutive weeks... or on a publicly accessible independent website that regularly conducts online auction of personal property

The advertisement shall include... brief and general description... address of the self-service storage facility and the number,if any, of the space... the name of the occupant... time, place and manner of the sale

The sale... shall take place not sooner than 30 days after the first publication

Any sale... shall be held at the self-service storage facility... A public sale includes offering the property on a publically accessible website that regularly conducts online auction of personal property. Such sale shall be considered incidental to the self-storage business and no license shall be required.

A purchaser in good faith... takes the property free of any rights of persons against whom the lien was valid

The owner shall not be liable for identity theft or other harm resulting from the misuse of information contained in documents or electronic storage media that are part of the occupant's property sold... and of which the owner did not have actual knowledge.

Florida Self Storage Lien Law (Updates did not pass in 2021)

Upon the failure of a tenant to pay the rent when it becomes due, the owner may, without notice, after 5 days from the date the rent is due, deny the tenant access to the personal property...

The tenant shall be notified by written notice delivered in person, by e-mail, or by first-class mail with a certificate of mailing to the tenant’s last known address and conspicuously posted at the self-service storage facility or on the self-contained storage unit.

...demand for payment within a specified time not less than 14 days after...

...statement that, unless the claim is paid...property will be advertised for sale or other disposition and will be sold or otherwise disposed of at a specified time and place.

...advertisement of the sale...shall be published once a week for 2 consecutive weeks in a newspaper of general circulation...

...advertisement shall include...brief and general description...address of the self-service storage facility...name of the tenant...time, place, and manner of the sale...

...sale may be conducted on a public website...facility or unit owner is not required to hold a license to post property for online sale.

...sale or other disposition shall take place at least 15 days after the first publication.

...balance, if any, shall be held by the owner for delivery on demand to the tenant. A notice of any balance shall be delivered...to the tenant...tenant does not claim the balance of the proceeds within 2 years...proceeds shall be deemed abandoned

Georga Self Storage Lien Law (Updated Feb 2021)

This article shall be known and may be cited as the "Georgia Self-service Storage Facility Act of 2013."

If any monthly installment is not paid by the seventh calendar day of the month due... Occupant shall be deemed to be in default.

If Occupant has been in default continuously for thirty (30) days, Owner may enforce its lien...

Occupant shall be notified of Owner's intent to enforce Owner's lien by written notice delivered in person, by verified mail, or by e-mail.

...notice shall demand payment within a specified time, not less than fourteen (14) days after delivery of the notice...

After the expiration of the time given in Owner's notice, Owner shall publish an advertisement of the public sale to the highest bidder, once a week, for two consecutive weeks, in the legal organ for the county...

...advertisement shall include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the self-service storage facility, and the number, if any, of the space where the personal property is located, and the name of Occupant; and the time, place, and manner of the public sale.

...sale shall be deemed commercially reasonable if at least three (3) independent bidders attend the sale...

...sale to the highest bidder shall take place not sooner than fifteen (15) days after the first publication.

...public sale includes offering the property on a publicly accessible website...

...sale shall be considered incidental to the self-storage business and no license shall be required.

If no one purchases the property at the public sale...Owner may otherwise dispose of the property and shall notify Occupant of the action taken.

Before any sale or other disposition of personal property... Occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred and thereby redeem the personal property...

A Purchaser in good faith of the personal property sold to satisfy Owner's lien takes the property free of any rights of persons against whom the lien was valid...

Owner shall hold the balance of the proceeds, if any, for Occupant...

If the property upon which the lien is claimed is a motor vehicle, trailer, or watercraft and rent and other charges related to the property remain unpaid or unsatisfied for 60 days following the maturity of the obligation to pay rent, Owner may have the property towed in lieu of foreclosing on the lien.

If the rental agreement is with a service member, the owner shall comply with all terms of the Servicemembers Civil Relief Act...

Idaho Self Storage Lien Law (Updated July 2020)

A sale of personal property to enforce a lienholder’s claim that has become due against a lessee and that is secured by the operator’s lien may be conducted after the lessee has been in default continuously for a period of sixty (60) days.

The operator shall send notice... demand for payment within a time specified, not less than ten (10) days after sending

A statement that unless the claim is paid within the time stated in the notice, the personal property shall be advertised for sale and sold at a specified time and place, but not sooner than ten (10) days after the first publication

an advertisement of the sale shall be published once in a newspaper of general circulation in the county where the self-service storage facility is located. The advertisement shall include:

The location, date, time, and manner of the sale of the property... A brief and general description... The name and last known address of the lessee

At any time before the advertised sale of the personal property has been conducted... the lessee or any other person may pay the amount necessary to satisfy the lien

The operator may dispose of the personal property without liability to any person if... the personal property has not been purchased.

The operator may conduct the lien sale without obtaining an auctioneer’s license and may offer the personal property for sale as a unit or in parcels on a publicly accessible website that regularly offers personal property for auction or sale...

A purchaser in good faith of any personal property sold pursuant to this section to satisfy the lien shall take the property free and clear of any rights of persons against whom the lien was valid

Illinois Self Storage Lien Law (Updates did not pass in 2021)

This Act shall be known and may be cited as the "Self-Service Storage Facility Act"

The occupant shall be notified; (B) The notice shall be delivered: (1) in person; or (2) by verified mail or by electronic mail to the last known address of the occupant

A demand for payment within a specified time not less than 14 days after delivery of the notice

A conspicuous statement that unless the claim is paid within the time stated in the notice... will be sold or otherwise disposed of at a specified time and place.

After the expiration of the time given in the notice, an advertisement of the sale or other disposition shall be published once a week for two consecutive weeks in a newspaper

The advertisement shall include (1) The name of the facility, address, telephone number, date, time, location, and manner of lien sale and the occupant's name and unit number.

The sale or other disposition shall take place not sooner than 15 days after the first publication.

A sale under this Section shall be deemed to be held at the self-service storage facility where the personal property is stored if the sale is held on a publicly accessible online website

Before any sale or other disposition of personal property pursuant to this Section, the occupant may pay the amount necessary to satisfy the lien

A purchaser in good faith of the personal property sold to satisfy a lien, as provided for in Section 3 of this Act, takes the property free of any rights of persons against whom the lien was valid

...the owner... shall hold the balance, if any, for delivery on demand to the occupant. If the occupant does not claim the balance of the proceeds within one year... it shall become the property of the owner...

Indiana Self Storage Lien Law

After a renter has been in default continuously for at least thirty (30) days, an owner may begin enforcement of the owner's lien

An owner enforcing the owner's lien under this chapter may... deny the renter access to the rented space

An owner enforcing the owner's lien under this chapter may... move the renter's personal property from the rented space to another storage space...

An owner... shall send the renter, by electronic mail or verified mail and addressed to the last known address of the renter, a written notice

a demand for payment of the amount due before a specified time at least thirty (30) days after the date of the mailing

written notice that includes... a conspicuous statement that unless the owner's claim is paid within the time stated... will be advertised to be sold... at a specified place (if applicable) and time, which must be at least ninety (90) days after the renter's default

After the expiration of the time stated in the ... notice... the owner shall cause an advertisement of sale to be published one (1) time before the date of the sale in a newspaper

The advertisement must include a statement that the personal property stored in the renter's rented space will be sold to satisfy the owner's lien, address of the self-service storage facility, number of the space, name of the renter, manner of the sale, time and place of the sale

As an alternative to the publication... may advertise the sale in any other commercially reasonable manner that is likely to attract at least three (3) independent bidders to the sale.

An advertisement by an alternative method permitted under this section must include the information required

The sale must be held at least ten (10) days after... the publication

Any sale of the personal property under this chapter shall be held... at the self-service storage facility or... through a publicly accessible Internet web site

The owner may buy the personal property at any sale under this chapter

Kansas Self Storage Lien Law (Updated July 1, 2021)

...may be cited as the self-service storage act...

If the occupant is in default for a period of more than 45 days, the operator may enforce the lien by selling the property stored in the leased space for cash.

Sale of the property stored on the premises may be conducted online or in person, by public or private proceedings

The operator may otherwise dispose of any property which has no commercial value.

Notify the occupant of the default by first-class mail at the occupant's last-known address and by electronic mail if the occupant has provided an electronic mail address to theoperator

send a second notice of default, not less than seven days after by first-class mail to the occupant at the occupant's last-known address, and by electronic mail if the occupant has provided an electronic mail address

...a demand for payment of the charges due within a specified time, not less than 10 days after the date of the notice

At least seven days before the sale, advertise the time, place and terms of the sale in a newspaper of general circulation in the jurisdiction where the sale is to be held or in any other commercially reasonable manner. Such advertisement shall be in the classified section of the newspaper, if notice is placed in the newspaper. If less than three independent bidders attend the sale in person or view the sale online at the time and place advertised, the manner of advertising the sale shall not be considered to have been commercially reasonable and the sale shall be canceled, rescheduled and readvertised.

At any time before a sale under this section, the occupant may pay the amount necessary to satisfy the lien and redeem the occupant's personal property

A purchaser in good faith of any personal property sold under the self-service storage act takes the property free and clear...

Kentucky Self Storage Lien Law (Updated July 2021)

If the occupant is in default for a period of more than forty-five (45) days, the operator may enforce a lien by selling the property stored in the leased space at a public or private sale, for cash.

Before conducting a sale... the operator shall... Notify the occupant of the default by regular or verified electronic mail at the occupant's last known address

Send a second notice of default by verified mail or verified electronic mail...

A demand for payment of the charges due within a specified time, not less than fourteen (14) days after

At least three (3) days before the sale, advertise the time, place, and terms of the sale in... A newspaper of general circulation ... or... Any other commercially reasonable manner. The manner of advertisement shall be deemed commercially reasonable if at least three (3) independent bidders participate in, or attend the sale at the time and place advertised.

At any time before a sale under this section, the occupant may pay the amount necessary to satisfy the lien and redeem the occupant's personal property

The sale under this section shall be held at the self-service storage facility... or a publicly accessible Web site.

If a sale is held under this section, the operator shall: (a) Satisfy the lien from the proceeds of the sale; (b) Hold the balance, if any, for delivery to any other recorded lienholders who present claims within sixty (60) days. Notwithstanding Article 9 of KRS Chapter 355, claims shall be satisfied on a first come first served basis; and (c) Deliver, upon expiration of sixty (60) days, the balance of any remaining proceeds to the occupant.

A purchaser in good faith of any personal property sold under KRS 359.200 to 359.250 takes the property free and clear of any rights of: (a) Persons against whom the lien was valid; and (b) Other lienholders.

If the occupant is in default for more than sixty (60) days and the personal property stored in the leased space is a motor vehicle as defined in KRS 376.268, the operator may, in lieu of a sale authorized in this chapter, have the vehicle or watercraft towed

shall be known as the "Kentucky Self- Service Storage Act of 1988."

Louisiana Self Storage Lien Law (Updated January 2022)

This Act shall be known as the "Self-Service Storage Facility Act."

The owner of a self-service storage facility, his heirs, executors, administrators, successors, and assigns has a privilege upon all movable property stored at a self-service storage facility for the debt due him...

The notice of privilege in the rental agreement shall be in bold typed print of not less than twelve-point font.

At the time of execution of the rental agreement, the owner shall bring the notice of privilege to the attention of the lessee and the lessee shall initial by the notice of privilege in the rental agreement.

To comply with the provisions of this Section, an owner shall include in the rental agreement a request for the lessee to provide two email addresses and the number of the lessee’s wireless telecommunications device and the lessee shall initial by the request in the rental agreement.

Upon default by the lessee, the owner shall be authorized to remove any lock on the rented self-service storage space in order to compile a brief and general description of the movable property upon which a privilege is claimed and shall be entitled to place his own lock upon such space until his privilege is satisfied.

The lessee shall be notified of the owner’s intention to enforce his privilege.

The notice shall be delivered in person to the lessee or sent by verified mail to the last known address of the lessee, by electronic mail to a primary and secondary email address of the lessee, and by text message to a wireless telecommunications device provided the email addresses and number of the wireless telecommunications device are listed by the lessee in the rental agreement.

A demand for payment within a specified time not less than ten days after the date of mailing or delivery of the notice.

A statement that the contents of the lessee’s rented space are subject to the owner’s privilege and that, unless the claim is paid within the time stated in the notice, the movable property is to be advertised for sale or other disposition and to be sold or otherwise disposed of to satisfy the owner’s privilege for rent due and other charges at a specified time and place.

At least ten days after its mailing, or at least ten days after the date that payment is demanded, whichever is later, an advertisement of the sale or other disposition of movable property subject to the privilege shall on at least one occasion be published in a newspaper of general circulation where the self-service storage facility is located or on a publicly accessible website that conducts personal property auctions.

The advertisement shall include... A brief and general description... The address of the self-service storage facility and the number, if any, of the space where the movable property is located and the name of the lessee. The time, place, and manner of the sale

The sale or other disposition of movable property shall take place not sooner than ten days following publication as required herein.

Any sale or other disposition of the movable property shall be held at the self-service storage facility, at the nearest suitable place to where the movable property is held or stored, as indicated in the notice required herein, or on a publicly accessible website that conducts personal property auctions.

The owner shall sell the movable property to the highest bidder, if any.

If the property upon which the lien is claimed is a motor vehicle, watercraft, or trailer, and rent and other charges remain unpaid for sixty days, the owner may have the property towed in lieu of foreclosing on the lien.

Prior to any sale or other disposition of movable property to enforce the privilege granted by this Section, the lessee may pay the amount necessary to satisfy the privilege

A purchaser in good faith of movable property sold by an owner to enforce the privilege granted herein takes the property free of any claims or rights of persons

In the event of a sale held pursuant to this Section, the owner may satisfy his privilege from the proceeds of the sale, but shall hold the balance, if any, as a credit in the name of the lessee whose property was sold. The lessee may claim the balance of the proceeds within two years of the date of sale, without any interest thereon, and if unclaimed within the two-year period, the credit shall become the property of the owner, without further recourse by the lessee.

Maryland Self Storage Lien Law

The rental agreement shall contain a statement, in bold type...may be towed or removed...if...motor vehicle or watercraft...in default for more than 60 days...that a sale...may be advertised...In a newspaper...by electronic mail...on an online web site.

If the occupant is in default for a period of more than 60 days, the operator may enforce the lien by selling the personal property...at a public sale, for cash.

...the operator shall... notify the occupant of the default by hand delivery, verified mail, or electronic mail at the occupant’s last known address

A demand for payment of the charges due within a specified time, not less than 14 days after the date that the notice was mailed

...at least 3 days before conducting a sale under this section, the operator shall advertise the time, place, and terms of the sale...in a newspaper...by electronic mail...on an online web site.

At any time before a sale under this section, the occupant may pay the amount necessary to satisfy the lien and redeem the occupant’s personal property.

A sale under this section shall be deemed to be held at the self–service storage facility where the personal property is stored if the sale is held on an online auction Web site.

Mail the balance, if any, by certified mail to the occupant...

...purchaser in good faith of any personal property sold under this subtitle takes the property free and clear...

Massachusetts Self Storage Lien Law

...lien may be enforced by selling the property stored in the leased space at a public or private sale

No sooner than five days after such default, the occupant... shall be notified by regular mail or electronic mail...

No sooner than 14 days after default, the occupant... shall be notified by electronic mail or verified mail... notice of a pending sale...

...demand for payment... not less than fourteen days after receipt of notification

After the expiration of the time given... an advertisement of the sale shall be published once per week for 2 consecutive weeks (i) in a newspaper of general circulation, (ii) in a periodical that circulates weekly... (iii) or by advertising the sale in any other commercially reasonable manner

...manner of advertisement shall be deemed commercially reasonable if at least 3 independent bidders attend the sale

The advertisement shall include a description of the property, if known, the name of the person on whose account the property is being held and the time and place of the sale

The sale shall take place at least 15 days after the first publication

The operator may buy at any public sale pursuant to this section

The sale shall be at the self-service storage facility... or on a publicly accessible website.

A purchaser in good faith of goods sold to enforce an operator's lien takes the property free...

Michigan Self Storage Lien Law

This act shall be known and may be cited as the "self-service storage facility act".

The tenant and any occupant designated by the tenant... shall be notified of the owner's intent to enforce the owner's lien...

A demand for payment within a specified time not less than 14 days after delivery

...the contents of the storage space may be moved to another storage space pending its sale or other disposition...

After the expiration of the time given in the notice... an advertisement of the sale... shall be published once a week for 2 consecutive weeks in the... newspaper... or posted once per week for 2 consecutive weeks on a publicly available website identified in the rental agreement.

An advertisement under this section shall include all of the following: brief, general inventory... address of the self-storage facility... the name of the tenant.... time, place, and manner of the sale

sale or other disposition shall not take place sooner than 15 days after the first publication of the advertisement

...container closed in such a manner may be opened and its contents inventoried

A purchaser in good faith of the personal property sold under this section takes the property free of any right of a person against whom the lien was valid...

If an owner reasonably believes that a storage space contains any documents or other media containing confidential, proprietary, or personal identification information, the owner is authorized to destroy any or all of the documents or media in lieu of a sale under this section. An owner who destroys documents or media under this subsection is not liable to any person for the destruction.

If an owner has actual knowledge of, and the storage space contains, any property that the owner may not lawfully sell, the owner is authorized to properly dispose of the property in any manner allowed by applicable law in lieu of a sale under this section. An owner who disposes of property under this subsection is not liable to any person for the disposal.

Minnesota Self Storage Lien Law (Updated August 2021)

"Default" means failure of the occupant to pay the rent and other charges becoming due under the rental agreement within 15 days after the rents and other charges become due

The owner's lien created by this section attaches as of the date the occupant is in default unless the occupant obtains a court order to recover possession of personal property in the self-service storage facility.

Upon default, the owner shall mail notice of default...

Any occupant may remove from the self-storage facility personal papers and health aids upon demand...

Refer to lien law text regarding relief based need.

The owner must notify the occupant and any person who has delivered to the owner a written notice of a claim of an interest in the contents in the storage space...

demand for payment within a specified time not less than 14 days after delivery

A sale of personal property may take place no sooner than 45 days after default or, if the personal property is a motor vehicle or watercraft, no sooner than 60 days after default.

After the expiration of the time given in the notice, the sale must be published once a week for two weeks consecutively in a newspaper...

The sale may take place no sooner than 15 days after the first publication.

If there is no qualified newspaper under chapter 331A where the sale is to be held, the advertisement may be posted on an independent, publicly accessible website that advertises self-storage lien sales or public notices.

The advertisement must include a general description of the goods, the name of the person on whose account the goods are being held, and the time and place of the sale

A sale of the personal property must be public and must be either: (1) held via an online auction; or (2) held at the storage facility

Mississippi Self Storage Lien Law (Updated July 2020)

"Sale" means a public or private sale that is conducted at the self-storage facility, another suitable location selected by the owner, or on a publicly accessible website that conducts lien sales or personal property sales. The personal property at a sale may be offered as a unit or in parcels

If the occupant is in default, the owner may deny the occupant access to the leased space at the self-storage facility.

No enforcement action shall be taken by the owner, other than denial of access, as provided for in the rental agreement until the occupant has been in default continuously for a period of fourteen (14) days.

During the default period the occupant shall be notified in writing.

The notice shall also include a demand for payment of the sum due within a specified time not less than fourteen (14) days after the date of the notice

After the expiration of the time given in the owner’s notice, the owner shall publish advertisement of the sale to the highest bidder in any commercially reasonable manner.

The manner of advertisement is deemed commercially reasonable if it is likely to attract at least three (3) independent bidders to attend or view the sale in person or online...

The notice shall include the address of the self-storage facility where the personal property is located, and the name of the occupant, and the time, place and manner of the sale.

A sale to the highest bidder shall take place not sooner than fifteen (15) days after the publication.

If no one purchases the property at the sale and if the owner has complied with the foregoing procedures, the owner may otherwise dispose of the property.

The owner may buy at any sale of personal property to enforce the owner’s lien

A purchaser in good faith of the personal property sold to satisfy the owner’s lien takes the property free of any rights...

If the personal property subject to the owner’s lien is a vehicle, watercraft, or trailer and rent or other charges remain unpaid for sixty (60) days, the owner may have the vehicle, watercraft, or trailer towed from the self-storage facility.

Missouri Self Storage Lien Law (Updates did not pass in 2021)

If the occupant is in default for a period of more than forty-five days, the operator may enforce the lien.... sell the property stored in the leased space for cash

Sale of the property stored on the premises may be done at a public or private sale, may be done as a unit or in parcels

The operator may otherwise dispose of any property which has no commercial value.

At least forty-five days before any disposition of property under this section, which shall run concurrently with subsection 2 of this section, notify the occupant and each lienholder...

No sooner than ten days after mailing the notice required in subdivision (1) of this subsection, mail a second notice of default

...demand for payment of the charges due within a specified time, not less than ten days after

At least seven days before the sale, advertise the time, place and terms of the sale in a newspaper...

A purchaser in good faith of any personal property sold under sections 415.400 to 415.425 takes the property free and clear of any rights of any persons...

New Jersey Self Storage Lien Law

An owner's lien for a claim which is more than 30 days overdue may be satisfied...

...notice shall be delivered in person or sent by verified mail or electronic mail...

...demand for payment within a specified time not less than 14 days after delivery of the notice...

A conspicuous statement that unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale. The notice shall specify time and place of the sale

After the expiration of the time given in the notice, an advertisement of the sale shall be published once a week for two consecutive weeks in a newspaper

...advertisement shall include... brief and general description... address of the self-service storage facility and the number, if any, of the space where the personal property is located and the name of the occupant... time, place, and manner of the sale

The sale shall take place not sooner than 15 days after the final publication.

New Mexico Self Storage Lien Law

This act may be cited as the "Self-Service Storage Lien Act"

after the occupant has been in default continuously for a period of thirty days, the owner may enter the space and may remove the personal property within it to a safe place

no action to sell any property... shall be taken by an owner until the occupant has been in default continuously for a period of ninety days.

...a demand for payment within a specified time, not less than fifteen days after the delivery of the notice

owner shall publish an advertisement of the sale or other disposition of the property once a week for two consecutive weeks

The advertisement shall include... brief and general description... address of the self-service storage facility... name and last known address of the occupant... time, place and manner of the sale

The sale or disposition shall take place not sooner than fifteen days after the first publication

Any sale... shall be held at the self-service storage facility... or may be conducted on a publicly accessible online web site

A good faith purchaser takes the property free of any rights of an unsecured lienholder and free of any rights of a secured lienholder who has received notice by owner as provided in this section

Each owner shall post in a prominent place in his office at all times a notice which reads as follows: "All articles stored under a rental agreement, which have incurred unpaid charges for thirty days, will be sold or otherwise disposed of to pay charges at the end of ninety days.".

New York Self Storage Lien Law

An owner’s lien may be enforced by public or private sale... at any time or place and on any terms which are commercially reasonable...

...notice shall include... demand for payment within a specified time not less than thirty days from mailing

North Carolina Self Storage Lien Law

If the rent and other charges... remain unpaid or unsatisfied for 15 days... the owner may enforce the lien by a public sale or other disposition of the property

...the lienor following the expiration of the 15-day period... shall issue notice to... the occupant... at his last known address.

...occupant must, within 10 days from the date of the mailing of the notice from the lienor, notify the lienor of his desire for a hearing

Upon the expiration of the 10-day notice, the occupant's tenancy shall be terminated, and the lienor may move the occupant's property to another place of safekeeping.

Not less than 20 days prior to sale by public sale the lienor... Shall cause notice to be delivered by certified mail to... the occupant...

Not less than five days prior to sale by public sale, the lienor shall publish notice of sale either (i) in a newspaper of general circulation in the county where the sale is to be held or (ii) in any other commercially reasonable manner.

The manner of advertisement shall be deemed commercially reasonable if at least three independent bidders attend the sale at the time and place advertised...

The sale shall be conducted in a commercially reasonable manner... including offering property to an audience of bidders through an online, publicly accessible auction Web site.

If the sale is a live auction conducted at the facility... the sale must be held on a day other than Sunday and between the hours of 9:00 A.M. and 4:00 P.M.

A lienor may purchase at public sale.

A purchaser in good faith... takes the property free of any rights of persons against whom the lien was valid.

North Dakota Self Storage Lien Law (Updated August 2021)

“Default” means failure of the occupant to perform any obligation or duty at the time and in the manner set forth in the rental agreement or under this chapter.

If the occupant is in default, the owner may deny the occupant access to the storage space and enforce the lien by selling the property stored in the storage space.

Sale of the property may be by public or private proceeding and may also be as a unit or in parcels.

After the proceeding, the owner may dispose of any property that was offered for sale but which remained unsold.

Before conducting a sale, the owner shall: Deliver in person or send by verified mail or electronic mail a notice of default to prior lienholders and to the occupant at the occupant’s last-known address.

The notice must include... demand for payment of the charges due within a specified time, not less than ten days after the date of notice

At least seven days before the sale, advertise the time, place, and terms of the sale in a commercially reasonable manner. An advertisement satisfies the requirements of this subsection if at least three independent bidders attend the sale in person or online at the time and place advertised.

At any time before the sale, the occupant may pay the amount necessary to satisfy the lien and redeem the occupant’s property.

A purchaser in good faith of any property sold under this chapter takes the property clear of any rights of persons...

Ohio Self Storage Lien Law (Updated Sept 2021)

The notice shall be delivered in person , sent by certified mail, or sent by first-class mail with a certificate of mailing to the last known address of each person who is required to be notified...

A demand for payment within a specified time not less than ten days after delivery of the notice

The notice shall include... The street or internet address of the place at which the sale will be held

...unless the claim is paid within that time the personal property will be advertised for sale and will be sold by auction...

...if no person purchases the personal property at the auction, the personal property may be sold at a private sale or destroyed

The sale of the personal property may be held at the self-service storage facility or, if the street or internet address of the place was included in the notice as required by division (C)(7) of this section, on the internet or at the nearest suitable place to the self-service storage facility at which the personal property is stored.

...an advertisement of the sale shall be published once a week for two consecutive weeks in a newspaper...or any other commercially reasonable manner...shall be deemed commercially reasonable if at least three independent bidders register for, view, or attend the sale.

...advertisement shall include all of the following...brief and general description... name and last known address of the occupant...address of the self-service storage facility...time, place, and manner of the sale...

...sale shall take place at least fifteen days after the first publication...

...purchaser at auction in good faith...takes the property free and clear...despite noncompliance by the owner with the requirements...

The owner may examine any personal property to be sold pursuant to this section. The examination may include, but is not limited to, the opening of any trunk, valise, box, or other container that is locked, fastened, sealed, tied, or otherwise closed in a manner that deters immediate access to its contents.

...owner may satisfy the owner's lien from the proceeds...shall mail the balance, if any, by certified mail to the occupant...

An owner may buy at any public sale held pursuant to this section.

If no person purchases the personal property at the auction... the owner may... Sell the personal property at a private sale... or Dispose of or destroy the personal property

Any reasonable expense incurred in rent collection or lien enforcement by an owner may be charged to the occupant...

Oregon Self Storage Lien Law

shall be known as the Oregon Self-Service Storage Facility Act

Default means a failure to perform in a timely manner any obligation or duty set forth in a rental agreement

The owner of a self-service storage facility has a lien upon all personal property, whether or not owned by the occupant, that is located in a specified storage space rented by an occupant at the facility to secure payment for rent...

The lien created by this section attaches to personal property of an occupant at the time at which the personal property is stored...

Before an owner may foreclose by sale a lien created... the owner shall notify the occupant of the foreclosure and sale by sending registered or certified mail or other verified mail to the occupants last known address or by sending electronic mail to the occupants last known address.

A notice provided under this section must include... A demand for payment within a specified time that is not earlier than 30 days after the default.

A conspicuous statement that declares that, unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale and will be sold at a specified time and place.

After the time specified in the notice given... expires, if the owner determines, based on the owners previous experience, that the personal property... has a value of $300 or less, the owner may dispose of the property at the owners sole discretion.

has a value of more than $300, owner shall cause an advertisement of the sale to be published once a week for two consecutive weeks in a newspaper of general circulation in the city or county in which the self-service storage facility is located.

The advertisement must include The address of the self-service storage facility, the number, if any, of the space... the name of the occupant. (b)The time, place and manner of the sale.

The sale of the personal property may not take place earlier than 15 days after the first advertisement

The owner may conduct the lien sale without obtaining a license and may offer the personal property for sale on a publicly accessible website that regularly offers personal property for auction or sale, but the owner shall complete the sale of the personal property at the self-service storage facility...

If the owner does not receive any bids at the public sale held under this section, the owner may dispose of the personal property in another manner at the owners sole discretion.

The owner, an employee of the owner, an affiliate or relative of the owner or an associate or relative of the employee may not acquire, directly or indirectly, property that is subject to disposal under this section.

Before a sale or other disposition of personal property under this section, the occupant may pay the amount necessary to satisfy the lien

Oklahoma Self Storage Lien Law

...shall be known and may be cited as the "Self-Service Storage Facility Lien Act".

If the personal property is a vehicle, watercraft or trailer and rent and other charges remain unpaid for sixty (60) days, the facility owner may have the vehicle, watercraft or trailer towed

No enforcement action shall be taken by the owner until the occupant has been in default continuously for a period of thirty (30) days.

After... thirty (30) days, the owner may begin enforcement action if the occupant has been notified in writing.... delivered in person or sent by verified mail... or, if mutually agreed... in the rental agreement or in an addendum to the rental agreement, by electronic mail.

...demand for payment within a specified time not less than fifteen (15) days after delivery of the notice...

...advertisement of the sale or other disposition shall be published once in a newspaper...

advertisement... shall include... brief and general description... address of the self-service storage facility... the number, if any, of the space... the name of the occupant... last-known address... time, place, and manner of the sale

sale or other disposition shall take place not sooner than fifteen (15) days after the publication

Any sale or other disposition of the personal property shall be held online, at the self- service storage facility or at the nearest suitable place

A purchaser in good faith of the personal property... takes the property free of any rights of persons against whom the lien was valid

...owner shall hold the excess proceeds for a period of ninety (90) days...

Pennsylvania Self Storage Lien Law

This act shall be known and may be cited as the "Self-Service Storage Facility Act".

No enforcement action shall be taken by the owner until the occupant has been in default continuously for a period of 30 days.

After the occupant has been in default continuously for a period of 20 days, the owner shall have the right to deny the occupant's access to the leased space

The owner may also enter and remove the personal property from the leased space to another suitable storage space pending its sale or other disposition after the occupant has been in default continuously for a period of 30 or more days.

notice shall contain the following... demand for payment... not less than 30 days after the date of notice

A conspicuous statement in bold print that... the personal property will be advertised for sale or will be otherwise disposed of at a specified time and place, not less than 30 days after the date of the notice.

After the expiration of the time stated in the notice and if the personal property has not otherwise been disposed of... advertisement of sale to be published two times preceding the date of sale in a newspaper...

...advertisement shall include... number... of the space... the name of the occupant... time, place and manner of sale

sale shall take place no sooner than ten days after the first publication

Before any sale or other disposition of personal property, the occupant may pay the amount necessary to satisfy the owner's lien...

Any sale or other disposition of the personal property shall conform to the terms of the notification as provided for in this section.

If the personal property is advertised for sale and the sale is not consummated, the owner shall give written notice to the occupant of other disposition of the personal property.

A purchaser in good faith of the personal property sold to satisfy the owner's lien takes the property free of any rights of persons...

The owner may buy at any sale of personal property to enforce the owner's lien.

owner may satisfy his lien from the proceeds of the sale but shall hold the balance, if any, for delivery on demand to the occupant.

owner shall not be liable to an occupant... for the removal or sale of personal property which is not the property of the occupant... unless notice shall have been given to the owner by the occupant that the property placed in the leased space was not that of the occupant.

If a rental agreement contains a limit on the value of property that may be stored... the limit is deemed to be the maximum value of the stored property, provided that this limit provision must be printed in bold type or underlined in the rental agreement in order to be enforceable.

Rhode Island Self Storage Lien Law

This chapter shall be known as the "Rhode Island Self-Service Storage Facility Act"

...enforce its lien by selling the stored property at a public or private sale...

...notice shall be delivered in person or by regular mail to the last known address... or by verified electronic mail...

No sooner than fourteen (14) days after default, the occupant shall again be notified

...demand for payment of the claim by a specified date not less than fourteen (14) days after mailing...

If the owner is not able to obtain personal service on those persons... or if the certified mail return receipt is not signed... then the owner shall be required to give notice by publication once a week for three (3) successive weeks in a newspaper of general circulation in the city or town where the person to receive the notice was last known to reside.

When notice is by publication... demand for payment... no less than thirty (30) days after...

After expiration of the time given in the second (2nd) notice... and the owner wishes to sell the personal property to satisfy its lien, an advertisement of the sale must be published once a week for two (2) consecutive weeks on a publicly accessible website identified in the rental agreement.

The advertisement must include the name of the person on whose account it is being stored and the time and place of sale.

The sale must take place no sooner than ten (10) days after the first publication.

The owner may buy at any sale...

A purchaser in good faith of the personal property sold to enforce the owner's lien takes the personal property free of any rights...

The owner shall not be liable for identity theft or other harm resulting from the misuse of information contained within...

South Carolina Self Storage Lien Law

This chapter is known and may be cited as the "South Carolina Self-Service Storage Facility Act".

When rent is seven or more calendar days past due the owner may deny the occupant access to the personal property located in the self-service storage facility.

When rent is fourteen or more days past due the occupant must be notified by written notice...

Owner's notice to occupant shall include... demand for payment within a specified time not less than fourteen days after delivery

After the expiration of the fifty-day default period, the owner shall publish an advertisement of the public sale to the highest bidder once a week for two consecutive weeks in a newspaper

The advertisement shall include... brief and general description... address of the self-storage facility... time, place, and manner of the public sale

If the owner determines that the property in the storage space has a sale value of less than three hundred dollars, the owner, at the owner's sole discretion, may hold the property for sixty days from the date notice was provided pursuant to this section. If the occupant fails to claim the goods and pay the rent owed during that period, the owner may destroy or dispose of the property without further notice to occupant and occupant's debt shall be extinguished and the owner shall have no liability to the occupant or any other person for the personal property.

If no one purchases the property at the public sale and if the owner has complied with the foregoing procedures, the owner may otherwise dispose of the property and shall notify the occupant of the action taken.

Before any sale or other disposition of personal property pursuant to this agreement, the occupant may pay the amount necessary to satisfy the lien...

Tennessee Self Storage Lien Law

May overlock after 5 days... may enter and remove the personal property from the leased space to other suitable storage space pending its sale...

...owner shall notify the occupant of the owner’s intent to enforce the owner’s lien by written notice delivered by hand delivery, by verified mail, or by electronic mail...

...property will be advertised for sale or will be otherwise disposed of at a specified time and place, not sooner than sixty (60) days after default

If the personal property is advertised for sale and the sale is not consummated, the owner shall give written notice to the occupant of other disposition...

Any sale or other disposition of the personal property must be held at the self-service storage facility, online, or at the nearest suitable place to where the personal property is held or stored

...owner shall advertise the sale of the personal property in a commercially reasonable manner...

The manner of advertisement is deemed commercially reasonable if not less than three (3) potential bidders participate in the sale

Before any sale or other disposition of personal property pursuant to this section, the occupant may pay the amount necessary...

The owner may buy at any sale...

A purchaser in good faith of the personal property sold to satisfy the owner’s lien takes the property free of any rights...

The owner is not liable for identity theft or other harm resulting from the misuse of information contained in a document or electronic storage media...

Texas Self Storage Lien Law

If the tenant fails to satisfy the claim on or before the 14th day after the date the notice is delivered, the lessor must publish or post notices advertising the sale...

...the lessor may not sell the property until the 15th day after the date the notice is first published...

The notice advertising the sale must contain... general description ...statement that the property is being sold to satisfy a landlord's lien... tenant's name address of the self-service storage facility time, place, and terms of the sale

...the place of a sale is... physical address of the location of the sale if the sale is conducted at the self-service storage facility ...address of the Internet website...

...lessor must publish the notice once in each of two consecutive weeks in a newspaper...

A sale under this subchapter must be a public sale... conducted at the self-service storage facility... or... conducted through an Internet website accessible to the public

The lessor must conduct the sale according to the terms specified in the notice advertising the sale and sell the property to the highest bidder.

Utah Self Storage Lien Law (Updated Nov 2021)

Before an owner takes enforcement action under Section 38-8-3, the owner shall determine if a financing statement filed in accordance with Title 70A, Chapter 9a, Part 5, Filing, has been filed with the Division of Corporations and Commercial Code concerning the property to be sold.

An owner may enforce a lien described in Section 38-8-2 against an occupant if... the occupant is in default for a continuous 30-day period

the owner provides written notice... a demand for payment within a specified time not less than 15 days

...a conspicuous statement that, unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale and will be sold at a specified time and place

After the expiration of the time given in the notice, the owner shall publish an advertisement of the sale of the personal property subject to the lien once in a newspaper...

An advertisement... shall include: the address of the self-service storage facility and the number, if any, of the space... name of the occupant... time, place, and manner of the sale

sale, which shall take place not sooner than 15 days after the day on which the sale is advertised

Newspaper ad not required if notice by email and response or return recept received OR notice by certified mail and owner has evidence of providing the notice by certified mail

A sale of the personal property shall be held at the self-service storage facility, at the nearest suitable place to where the personal property is held or stored, or online

Before a sale of personal property under this section, the occupant may pay the amount necessary to satisfy the lien...

A purchaser in good faith of the personal property sold to satisfy a lien as provided for in this chapter takes the property free of any rights...

If the property subject to a lien described in Section 38-3-2 is a vehicle, the occupant is in default for a continuous 60-day period, and the owner chose not to sell the vehicle under Section 38-8-3, the owner may have the vehicle towed

Each owner acting under this chapter shall keep posted in a prominent place in the owner’s office at all times a notice that reads as follows: "All articles stored under a rental agreement, for which charges have not been paid for 30 days, will be sold to pay charges. If this business does not sell a vehicle stored under a rental agreement, it will be towed from the self-storage facility after 60 days of nonpayment."

Vermont Self Storage Lien Law

House Bill 74 was signed by Gov. Phil Scott on June 2, 2022. The measure addresses procedures for sending lien-sale notices via email, placing value limits on tenant stored belongings, applying late fees, and advertising auctions in places other than the local newspaper. It also provides guidelines for the disposal of personal property and towing vehicles after delinquency reaches 51 days. Lockerfox will update this section once the new law appears on selfstorage.org

Virginia Self Storage Lien Law

Senate Bill 199 was signed by Gov. Glenn Youngkin on May 27, 2022 (Effective 7/1/22). It eliminates the requirement for self-storage operators to advertise a lien sale prior to conducting the auction. Lockerfox will update this section once the new law appears on selfstorage.org

After the occupant has been in default for a period of 10 days... owner shall send a further notice of default... demand for payment of the charges due within a specified time not less than 20 days after

Any public auction of the personal property shall be held (i) at the self-service storage facility... or (iii) online.

...advertisement shall be published in a newspaper... at least once prior to the public auction

The advertisement shall state (a) the fact that it is a public auction; (b) the date, time, and location of the public auction; and (c) the form of payment that will be accepted

A purchaser in good faith of any personal property sold or otherwise disposed of pursuant to this chapter takes such property free and clear of any rights of persons against whom the lien was valid.

Washington Self Storage Lien Law

This chapter shall be known as the "Washington self-service storage facility act."

When any part of the rent or other charges due from an occupant remains unpaid for six consecutive days, and the rental agreement so provides, an owner may deny the occupant access

When any part of the rent or other charges due from an occupant remains unpaid for fourteen consecutive days, an owner may terminate the right of the occupant to the use of the storage space at a self-service storage facility by sending a preliminary lien notice

A statement that the occupant's right to use the storage space will terminate on a specified date (not less than fourteen days after the mailing of the notice)

If a notice has been sent... and the total sum due has not been paid... the lien proposed by this notice attaches as of that date and the owner may deny an occupant access to the space, enter the space, inventory the goods therein, and remove any property found therein to a place of safe keeping.

The owner shall then serve by personal service or send to the occupant... a notice of final lien sale or final notice of disposition

That all the property, other than personal papers and personal photographs, may be sold to satisfy the lien after a specified date which is not less than fourteen days from the date of mailing the final lien sale notice, or a minimum of forty-two days after the date when any part of the rent or other charges due from the occupants remain unpaid, whichever is later, unless the amount of the lien is paid.

If the total value of property in the storage space is less than three hundred dollars, the owner may, instead of sale, dispose of the property in any reasonable manner...

After the sale or other disposition pursuant to this section has been completed, the owner shall provide an accounting of the disposition of the proceeds of the sale or other disposition to the occupant at the occupant's last known address and at the alternative address.

That any personal papers and personal photographs will be retained by the owner and may be reclaimed by the occupant at any time for a period of six months from the sale or other disposition of property and that thereafter the owner may dispose of the personal papers and photographs in a reasonable manner

the occupant has no right to repurchase any property sold at the lien sale

No employee or owner, or family member of an employee or owner, may acquire, directly or indirectly, the property sold...

A purchaser in good faith of goods disposed... takes the goods free of any rights of persons against whom the lien was claimed

West Virginia Self Storage Lien Law

This article may be known as the "Self-Service Storage Lien Act"

The rental agreement shall contain... A statement advising the occupant that a sale... may be advertised... On an online website.

If the occupant is in default for a period of more than 60 days, the operator may enforce the lien by selling...

Before conducting a sale... the operator shall, subject to subdivision (2) of this subsection, notify the occupant...

The notice shall include... demand for payment of the charges due within a specified time, not less than 14 days after the date

at least three days before conducting a sale under this section, the operator shall advertise the time, place, and terms of the sale

(i) In a newspaper of general circulation in the jurisdiction where the sale is to be held; or

(ii) By electronic mail;

(iii) On an online website

operator may not advertise the sale in the manner provided under subparagraph (ii) or (iii) of this paragraph unless the occupant provides the occupant’s initials next to the statement in the rental agreement required under this article

The operator may dispose of the personal property if the operator has complied with subsection (b) of this section and the property has not been purchased

A purchaser in good faith of any personal property sold under this article takes the property free and clear of any rights of persons against whom the lien was valid.

Wisconsin Self Storage Lien Law (Updated 2021)

May overlock after 7 days

A first notice sent by either regular or electronic mail...

A 2nd notice sent by verified mail... or by electronic mail... containing the following

demand for payment... within a time frame not sooner than 14 days after the date of the notice.

...property may be disposed of if the fair market value of the property is less than $100...

...may be removed by a towing company if the property is a vehicle

a specification of the date, time, and place of the sale

An advertisement of the sale is published once in a newspaper... contains... brief and general description... address of the self-service storage facility... name of the lessee...

...sale takes place not sooner than 15 days after publication...

...personal property is offered either as a single parcel or multiple parcels at a public (or private) sale attended by 3 or more bidders (persons)

The personal property is sold in another manner that is commercially reasonable, including by means of the Internet.

...purchaser in good faith of personal property sold takes the personal property free and clear...

A notice... may be sent by electronic mail only if the operator uses a service that provides confirmation of the receipt of eletronic mail and the operator receives confirmation that the notice was received.

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Lic. MS1658 GAAU003129 PAAU006170