LotWardenLien laws by state

Storage lien laws · State guide

Alabama storage lien laws

Alabama Self-Service Storage Facilities Act, Ala. Code §§ 8-15-40 through 8-15-49 (Act 2021-183, eff. Oct. 1, 2021) →Verified 2026-06-10

Alabama's Self-Service Storage Facilities Act (Ala. Code §§ 8-15-40–49, Act 2021-183, eff. Oct. 1, 2021) gives an operator a lien on all personal property — including vehicles, watercraft, trailers, and RVs — from the day it arrives. After more than 30 days of default the operator may enforce by sale. The operator must send a default notice at least 20 days before the sale (by verified mail or email) with an itemized claim and a payment demand of at least 10 days, then publish a newspaper ad at least 7 days before the sale. Online auctions qualify as commercially reasonable. For titled vehicles unpaid for 60 days the operator may call a licensed and bonded tower; liability shifts to the tower, but the lien survives. Motor vehicles follow the Abandoned Motor Vehicle Act (Title 32, Ch. 13); watercraft follow § 33-5A-4 (court petition required). Late fees are safe-harbored at the greater of $20 or 20% of monthly rent. Unclaimed surplus becomes the operator's property after one year.

At a glance

AL · verified 2026-06-10
Statute
Alabama Self-Service Storage Facilities Act, Ala. Code §§ 8-15-40 through 8-15-49 (Act 2021-183, eff. Oct. 1, 2021)
Notice delivery
Verified mail — any USPS or private-carrier method that provides evidence of mailing (e.g., Certified Mail, Priority Mail with tracking). Deemed delivered when deposited with USPS or private delivery service, properly addressed, postage prepaid — Ala. Code §§ 8-15-41(14), 8-15-46(h) · Electronic mail — deemed delivered when the message is sent to the occupant's last known email address. If the operator receives an automated non-delivery message, the operator must also send notice by verified mail before proceeding — Ala. Code § 8-15-46(h)
Sale method
Sale may be public or private, in whole or in parcels, by way of one or more contracts, at any time or place, with sealed or open bids. An online sale on a publicly accessible website that conducts lien sales or personal property sales qualifies as a commercially reasonable sale under § 8-15-41(1). The sale may be held at the facility, at another suitable location selected by the operator, or entirely online. The operator may purchase the property at any public sale. Property that receives no bid may be otherwise disposed of as property with no commercial value.
Late fees
The statute establishes a safe harbor: a monthly late fee of $20.00 or 20% of the monthly rental amount (whichever is greater) is deemed reasonable and not a penalty (§ 8-15-44(e)). The rental agreement must include a late-fee provision for the charge to apply. Late fees are covered by the operator's lien (§ 8-15-44(a)) and recoverable from sale proceeds. The definition of "late fee" (§ 8-15-41(6)) excludes interest on debt, collection expenses, and preservation or sale costs — those are separate recoverable items. Fees above the safe-harbor level are not expressly prohibited but risk being challenged as an unenforceable penalty; confirm with Alabama counsel before exceeding the safe harbor.
Vehicles & boats
Standard SSSFA auction path: purchaser takes free and clear; applies to Alabama Dept. of Revenue for new certificate of title. Tow-out path obligations differ by type. Motor vehicle: the tower must report the vehicle as unclaimed to the Dept. of Revenue within 5 calendar days (§ 32-8-84(b)); the Department places a 60-day hold on the title record; after the hold, if not redeemed, the vehicle is sold under the Abandoned Motor Vehicle Act (Title 32, Ch. 13). Watercraft (§ 33-5A-4): the person in possession must file a court petition to sell in any court of competent jurisdiction in the county where the vessel was located; the court must authorize the sale; notice is published once per week for two successive weeks in a county newspaper; the sale is a public auction in that county; ALEA issues a bill of sale free and clear; the purchaser registers the vessel with ALEA. There is no shortcut to a private or online sale for watercraft — the court-petition path is mandatory.

The lien clock

Each station below is a statutory checkpoint. Miss one and the sale can be challenged — this is the timeline LotWarden tracks automatically.

  1. 01

    Day 0 — the date personal property is placed in the leased space

    Lien attaches

    The operator's lien attaches by operation of law the moment the occupant's personal property arrives at the facility. No filing or registration is required. The lien covers delinquent rent, late fees, labor, other charges incurred under the rental agreement, and expenses for preservation, sale, or disposition of the property. The lien is superior to any other lien or security interest except a tax lien.

    Ala. Code § 8-15-44(a)–(b)

  2. 02

    Any time the occupant is in default under the rental agreement

    Default and access denial

    Default is the failure to perform on time any obligation in the rental agreement or the Act. The rental agreement defines the specific grace period (the Act sets no grace-period floor). On default the operator may immediately deny the occupant access to the leased space and may enter and remove the personal property to other suitable storage space pending sale.

    Ala. Code §§ 8-15-41(2), 8-15-45

  3. 03

    After more than 30 continuous days of default

    30-day default threshold

    Once the occupant has been in default continuously for more than 30 days, the operator may enforce the lien by selling the stored personal property. The statute uses "more than 30 days" — enforcement on exactly Day 30 is not permitted.

    Ala. Code § 8-15-46(a)

  4. 04

    At least 20 days before the planned sale date

    Default notice sent

    The operator sends written notice of default to the occupant and to any lienholder identified in the rental agreement, by verified mail or by email. If email notice bounces with an automated non-delivery message the operator must follow up with verified mail before proceeding. The notice must include all five required contents. Verified mail is deemed delivered on deposit with the postal service.

    Ala. Code §§ 8-15-46(b)(1), 8-15-46(h)

  5. 05

    Minimum 10 days from the date of the notice, up to the moment of sale or tow

    Occupant's payment window

    The notice must demand payment within a period of at least 10 days. At any time before the sale is held — or before a vehicle, watercraft, or trailer is towed — the occupant may pay the full amount needed to satisfy the lien and redeem the property. On redemption the operator has no further liability for the property.

    Ala. Code §§ 8-15-46(b)(1)c, 8-15-46(e)

  6. 06

    At least 7 days before the sale date

    Advertisement of sale

    The operator publishes one advertisement in a newspaper of general circulation in the county where the facility is located. A single advertisement may cover multiple units. The ad must state the time, place, and terms of the sale. If the county has no newspaper of general circulation, or if the operator's prior experience indicates the unit contents are worth $500 or less, any commercially reasonable alternative advertisement (including online posting) may substitute. The standard: the advertisement must be likely to attract at least three independent bidders.

    Ala. Code § 8-15-46(b)(2)

  7. 07

    After the 7-day advertising period; sale date set in the notice and ad

    Sale conducted

    The sale may be public or private, in whole or in parcels, with sealed or open bids, at the facility or another suitable location, or on a publicly accessible website that conducts lien or personal property sales — all qualify as a commercially reasonable sale. The operator may bid at any public sale. A good-faith purchaser takes free and clear of all claims against whom the lien was valid, even if the operator did not achieve strict procedural compliance.

    Ala. Code §§ 8-15-41(1), 8-15-46(a), 8-15-46(c), 8-15-46(g)

  8. 08

    Immediately after sale; unclaimed balance becomes operator property after 1 year

    Surplus proceeds held or kept

    The operator satisfies the lien from sale proceeds first. Lien rights of secured lienholders transfer automatically to any remaining balance. The operator holds any surplus for the occupant or secured lienholder on demand. If the occupant or secured lienholder does not claim the surplus within one year of the sale date, the balance becomes the operator's property without further recourse. There is no Alabama statutory requirement to escheat the surplus to the state.

    Ala. Code § 8-15-46(f)

Notice requirements

Permitted delivery

  • Verified mail — any USPS or private-carrier method that provides evidence of mailing (e.g., Certified Mail, Priority Mail with tracking). Deemed delivered when deposited with USPS or private delivery service, properly addressed, postage prepaid — Ala. Code §§ 8-15-41(14), 8-15-46(h)
  • Electronic mail — deemed delivered when the message is sent to the occupant's last known email address. If the operator receives an automated non-delivery message, the operator must also send notice by verified mail before proceeding — Ala. Code § 8-15-46(h)

The notice must include

  • A statement that the contents of the leased space are subject to the operator's lien — Ala. Code § 8-15-46(b)(1)a
  • A statement of the operator's claim: charges due on the date of the notice, any additional charges that will accrue before the sale date, and the date those charges become due — Ala. Code § 8-15-46(b)(1)b
  • A demand for payment within a specified time, which must be at least 10 days after the date of the notice — Ala. Code § 8-15-46(b)(1)c
  • A statement that unless the claim is paid within the stated time the contents of the leased space will be sold or otherwise disposed of after a specified time — Ala. Code § 8-15-46(b)(1)d
  • The name, street address, and telephone number of the operator or designated agent the occupant may contact — Ala. Code § 8-15-46(b)(1)e

Ala. Code §§ 8-15-46(b)(1), 8-15-46(h)

The part most guides skip

Vehicles, boats & RVs

Motor vehicles, watercraft, and trailers — including boats and RVs registered as motor vehicles or trailers — are expressly included in the definition of personal property under the Act (§ 8-15-41(10)) and are fully subject to the standard lien enforcement process. RVs are not named separately; they are almost certainly classified as motor vehicles or trailers under Alabama law depending on registration class, but operators storing Class A/B/C motorhomes should confirm the applicable category with Alabama counsel. The Act adds a separate tow-out option specifically for these titled vehicles: if rent and other charges remain unpaid for 60 days, the operator may have the vehicle, watercraft, or trailer towed from the facility by a licensed and bonded tower. Once the tower takes possession, the operator is not liable for any damages to the vehicle or watercraft. Towing does not release the operator's lien — the lien survives the removal. WARNING FOR BOAT-LOT OPERATORS: the post-tow path for watercraft is materially more burdensome than for motor vehicles and differs significantly from most other states. Watercraft sales must go through a court-petition process under § 33-5A-4 — there is no simple lien-auction option after the tow. Motor vehicle post-tow compliance is governed by § 32-8-84 and Title 32, Chapter 13. Operators should review both cross-referenced statutes with Alabama counsel before initiating any tow.

Titled property path

Standard SSSFA auction path: purchaser takes free and clear; applies to Alabama Dept. of Revenue for new certificate of title. Tow-out path obligations differ by type. Motor vehicle: the tower must report the vehicle as unclaimed to the Dept. of Revenue within 5 calendar days (§ 32-8-84(b)); the Department places a 60-day hold on the title record; after the hold, if not redeemed, the vehicle is sold under the Abandoned Motor Vehicle Act (Title 32, Ch. 13). Watercraft (§ 33-5A-4): the person in possession must file a court petition to sell in any court of competent jurisdiction in the county where the vessel was located; the court must authorize the sale; notice is published once per week for two successive weeks in a county newspaper; the sale is a public auction in that county; ALEA issues a bill of sale free and clear; the purchaser registers the vessel with ALEA. There is no shortcut to a private or online sale for watercraft — the court-petition path is mandatory.

Ala. Code §§ 8-15-41(10), 8-15-46(d), 33-5A-4, 32-8-84

Sale rules

Method
Sale may be public or private, in whole or in parcels, by way of one or more contracts, at any time or place, with sealed or open bids. An online sale on a publicly accessible website that conducts lien sales or personal property sales qualifies as a commercially reasonable sale under § 8-15-41(1). The sale may be held at the facility, at another suitable location selected by the operator, or entirely online. The operator may purchase the property at any public sale. Property that receives no bid may be otherwise disposed of as property with no commercial value.
Advertising
The operator must publish one advertisement at least 7 days before the sale in a newspaper of general circulation in the county where the facility is located. A single ad may list multiple units. If no qualifying county newspaper exists, or if the operator's prior experience indicates the unit contents are worth $500 or less, any commercially reasonable alternative may substitute — including online listing. The alternative is commercially reasonable if it is likely to attract at least three independent bidders in person or online.
Proceeds & surplus
The operator satisfies the lien (delinquent rent, late fees, and reasonable expenses) from sale proceeds. Any remaining balance is held for the occupant or any secured lienholder on demand. If unclaimed within one year of the sale date, the surplus becomes the operator's property without further recourse — no state escheating required. Lien rights of secured lienholders transfer automatically to the surplus.

Ala. Code §§ 8-15-41(1), 8-15-46(a)–(b), 8-15-46(f)

Late fees

The statute establishes a safe harbor: a monthly late fee of $20.00 or 20% of the monthly rental amount (whichever is greater) is deemed reasonable and not a penalty (§ 8-15-44(e)). The rental agreement must include a late-fee provision for the charge to apply. Late fees are covered by the operator's lien (§ 8-15-44(a)) and recoverable from sale proceeds. The definition of "late fee" (§ 8-15-41(6)) excludes interest on debt, collection expenses, and preservation or sale costs — those are separate recoverable items. Fees above the safe-harbor level are not expressly prohibited but risk being challenged as an unenforceable penalty; confirm with Alabama counsel before exceeding the safe harbor.

Ala. Code §§ 8-15-41(6), 8-15-44(a), 8-15-44(e)

Operator questions

My facility is an outdoor lot storing boats, RVs, and trailers. Does the Alabama Self-Service Storage Facilities Act cover me?

Yes, provided your lot rents individual spaces to occupants who store and retrieve their own property on a self-service basis. The Act defines personal property to expressly include motor vehicles and watercraft (§ 8-15-41(10)), and defines a self-service storage facility as any real property used for renting individual storage spaces on that basis (§ 8-15-41(13)) — there is no requirement for enclosed units. RVs fall under the Act as motor vehicles or trailers depending on their Alabama registration class. Confirm with Alabama counsel that your lot structure matches the statutory definition.

When can I call a tow company to remove a delinquent boat or RV, and what happens to my liability once it leaves?

The tow-out option opens at 60 days of unpaid rent and other charges (§ 8-15-46(d)). You must use a licensed and bonded tower. Once the tower takes possession, you are not liable for any damage to the vehicle or watercraft. Your lien does not disappear — it survives the removal. After towing, a watercraft must go through the court-petition sale process under § 33-5A-4 (court authorization required; two weeks of newspaper publication; public auction in the county; ALEA issues the bill of sale). A motor vehicle must be reported as unclaimed by the tower to the Alabama Department of Revenue within 5 calendar days under § 32-8-84 and then sold under the Abandoned Motor Vehicle Act (Title 32, Chapter 13). Do not tow before Day 60, and consult Alabama counsel before towing a boat — the post-tow process is significantly more complex than a standard lien sale.

Can I send the default notice by email, and when is it legally delivered?

Yes. Section 8-15-46(h) permits notice by verified mail or electronic mail. An email notice is deemed delivered the moment you send it to the occupant's last known email address — you do not need a read receipt or delivery confirmation. However, if you receive an automated message that the email cannot be delivered (a bounce), you must also send notice by verified mail before proceeding. Best practice: send email first, then immediately follow with verified mail whenever you cannot confirm the email account is live.

Do I have to run a newspaper ad for a unit I know contains only a few hundred dollars of stuff?

Not necessarily. Section 8-15-46(b)(2) lets you skip newspaper advertising and use any commercially reasonable alternative — including an online listing — if your prior experience indicates the unit contents are worth $500 or less. The alternative method must be likely to attract at least three independent bidders in person or online. Document your value estimate and the advertising method you used in case of a later dispute.

Can I conduct the entire auction online, or do I need a physical sale?

You can sell entirely online. The Act defines a commercially reasonable sale to include a sale on a publicly accessible website that conducts lien sales or personal property sales (§ 8-15-41(1)). Online-only platforms like StorageTreasures or similar sites fit this definition. You still need to comply with the 20-day notice and 7-day advertising requirements before the sale date.

What happens to sale proceeds no one claims — do I have to send the money to the state?

No. Alabama does not require you to escheat unclaimed surplus to the state. After the sale you hold any balance for the occupant or any secured lienholder on demand. If neither claims the surplus within one year of the sale date, the balance becomes your property without further recourse by the occupant or lienholder (§ 8-15-46(f)). Keep records of the sale, proceeds, and any surplus notification attempts in case of a claim during that one-year window.

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