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When Is A Renter In Default By Law

May 22, 2017
Do you know how many days must pass before a self-storage facility owner/operator may take action to sell the contents of a storage unit when a renter defaults on lease agreement?

While a renter signs a lease agreement; that contract must comply with the lien laws of each state. If the state does not define a default date, then the following is true: 

 "Default" means failure of the occupant to pay the rent and other charges at the time and in the manner set forth in the rental agreement.

The lien laws translate in two different ways:

1. How many days must pass before an owner/operator may take any action after nonpayment of lease.
2. How many days must an owner/operator must wait after issuing notice to renter before taking action.

In the list below, the number of days to wait before any action taken defined by law; or if that state left empty, not yet defined by law. 

Default Period Of Time Before Operator May Take Action


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

Alaska: 

Arizona: If the occupant is in default for a period of more than thirty days, the operator may foreclose the lien by selling the property stored in the leased space at a public sale, for cash, or if the property is protected property, by disposing of the property pursuant to this section.

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

California: 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...

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

Connecticut: 

Delaware: 

Florida: 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 located in the self-service storage facility or self-contained storage unit.

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

Hawaii: When any part of the rent or other charges due from an occupant remain unpaid for fifteen consecutive days, an owner may deny the right of access to the occupant to the storage space at a self-service storage facility...

Idaho: Action to enforce a lienholder`s claim which has become due against a lessee and which is secured by the owner`s lien may be taken by the owner or operator after the lessee has been in default of the rental agreement continuously for a period of sixty (60) days.

Illinois:

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

Iowa:

Kansas
: 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.

Kentucky: 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.

Louisiana: 

Maine: Sale; use of proceeds. Except as provided in subsection 1-A, if the occupant is in default for a period of more than 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.

Maryland: 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 stored in the leased space at a public sale, for cash.

Massachusetts: If an occupant is in default for a period of five days or more, the operator may deny the occupant access to the leased space in a reasonable and peaceable manner; provided, however, that the occupant may have access at any time for the sole purpose of viewing the contents of his leased space in order to verify the contents therein.

Michigan: Upon the failure of a tenant to pay the rent for the storage space or unit when it becomes due, the owner may, without notice, not less than 5 days after the date the rent is due, deny the tenant access to the personal property located in the self-service storage facility or self-contained storage unit.

Minnesota: "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 under the terms of the rental agreement.

Mississippi
: 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.

Missouri: If the occupant is in default for a period of more than forty-five days, the operator may enforce the lien granted in subsection 1 of this section and sell the property stored in the leased space for cash.

Montana: A person who rents storage space to another may sell at public auction the contents of the storage space if the owner of the contents is more than 30 days in default in paying rental fees on the space.

Nebraska: 

Nevada: If any charges for rent or other items owed by the occupant remain unpaid for 10 days or more, the owner may deny the occupant access to the storage space at the facility for which charges are owed.

New Hampshire: If any of the rent, charges, fees, or expenses referred to in this chapter shall remain unpaid for 5 days, the owner may place a lock on the storage unit, in addition to any lock placed thereon by the occupant. The owner may deny access to the unit until the unpaid rent, charges, fees, or expenses are paid in full by the occupant.

New Jersey: An owner`s lien for a claim which is more than 30 days overdue...

New Mexico
: "after the occupant has been in default continuously for a period of five days, the owner may deny the occupant access to his space for storage..."

New York: 

North Carolina: If the rent and other charges for which the lien is claimed under this Article remain unpaid or unsatisfied for 15 days following the maturity of the obligation to pay rent, the owner may enforce the lien by a public sale or other disposition of the property as provided in this section.

North Dakota:

Ohio:

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

Oregon:

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

Rhode Island: No sooner than five (5) days after default, but before the owner takes any action to enforce its lien, the occupant and all other persons known to claim an interest in the personal property stored shall be notified.

South Carolina: If the occupant has been in default continuously for fifty days, owner may enforce its lien, provided owner shall comply with, during the fifty day default period, the following procedure.

South Dakota:

Tennessee: Upon the failure of a occupant to pay the rent for the storage space or unit when it becomes due, the owner may, without notice, deny the occupant access to the personal property located in the self-service storage facility or self-contained storage unit, and the owner without notice, not less than five (5) days after the date the rent is due.

Texas:

Utah: "an owner is entitled to sell all personal property stored at the self-service storage facility pursuant to the rental agreement if the occupant is in default for a continuous 30-day period."

Vermont:

Virginia:

Washington: 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 to the storage space at a self-service storage facility.

West Virginia:

Wisconsin: "Default" means the lessee fails to pay rent or other charges due under a rental agreement for a period of 7 consecutive days after the due date under the rental agreement.

Wyoming:

Washington D.C. If the occupant is in default for a period of more than 60 days, the operator may enforce the lien by selling the property stored in the leased space at a public sale.


The following information above retrieved straight from the official code, statute, or lien law of each state.

US SELF STORAGE LIEN LAWS



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