LotWardenLien laws by state

Storage lien laws · State guide

Arkansas storage lien laws

Arkansas Self-Service Storage Facilities Act, Ark. Code Ann. §§ 18-16-401 through 18-16-415 (as amended by Act 363 of 2021 and Act 393 of 2025) →Verified 2026-06-11

Arkansas's self-storage law (Ark. Code Ann. §§ 18-16-401–18-16-415) gives an operator a lien on all stored personal property — including motor vehicles, watercraft, and trailers — from the day it arrives. After more than 45 days of default the operator may sell the property at a public sale for cash held at the facility; after at least 60 days a vehicle, trailer, or watercraft may instead be towed. Before a sale the operator must send a default notice (first-class mail with certificate of mailing, or email with the occupant's permission) demanding payment within at least 14 days, advertise at least 7 days ahead — a newspaper ad or any commercially reasonable method drawing three independent bidders — and give lienholders 10 days' notice. Late fees cap at the greater of $30/month or 20% of monthly rent. Unclaimed surplus escheats to the county after two years. Act 393 of 2025 made unsigned agreements enforceable and added a 14-day termination procedure.

At a glance

AR · verified 2026-06-11
Statute
Arkansas Self-Service Storage Facilities Act, Ark. Code Ann. §§ 18-16-401 through 18-16-415 (as amended by Act 363 of 2021 and Act 393 of 2025)
Notice delivery
First-class mail with certificate of mailing to the occupant's last known address — deemed delivered when deposited with the U.S. Postal Service, properly addressed with postage prepaid — Ark. Code Ann. §§ 18-16-407(b)(1)(B), 18-16-409 · Email — permitted only if the occupant has provided an email address AND given permission to the storage facility to use it as the legal notification address for the occupant's last known address. When both conditions are met, email may substitute for first-class mail for the default notice — Ark. Code Ann. § 18-16-407(b)(1)(D)
Sale method
Public sale for cash, held at the self-service storage facility where the property is stored (§§ 18-16-406(a), 18-16-407(d)). The independent-bidder definition counts online monetary offers and online viewers, so industry practice pairs the on-site sale with an online auction listing — confirm the format with Arkansas counsel; a pure online-only auction is not clearly authorized by subsection (d). Whether the operator may bid at its own sale is not addressed by the statute. A good-faith purchaser takes free and clear, and a compliant operator's liability to the occupant is limited to the net proceeds (§ 18-16-407(e)–(f)).
Late fees
The statute caps late fees at the greater of $30.00 per month or 20% of the monthly rental amount (§ 18-16-411(a)). The cap applies only if the late-fee amount and conditions are stated in the rental agreement or an addendum — a verbal-only late-fee policy is not enforceable. The statute sets no grace period; the rental agreement controls when rent is "due" for late-fee purposes. Expenses incurred for rent collection or lien enforcement (attorney fees, auctioneer fees, certified-mail postage, publication costs) may be charged to the occupant separately on top of the permitted late fee (§ 18-16-411(b)).
Vehicles & boats
Standard lien-auction path (§ 18-16-406(a)): the purchaser at the lien sale takes the property free and clear of the operator's lien; the purchaser then applies to the Arkansas Office of Motor Vehicle (OMV) for a new certificate of title. Tow-out path (§ 18-16-406(b)): after 60+ days of default the operator calls a towing operator; once the towing firm takes possession the self-storage operator is no longer liable for the vehicle or any damage to it. The self-storage operator's lien for delinquent charges survives the tow and attaches to any proceeds remaining after the towing firm satisfies its own first-priority possessory lien under § 27-50-1208 (certified notice to owner and lienholders within 2–8 business days; 45-day owner redemption window before disposal). A separate path under § 18-16-413 (referencing §§ 27-50-1202 and 27-50-1208–1210) is reported in secondary sources but requires primary-source verification before operators rely on it.

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 property arrives at the facility — no filing required. It covers rent, labor, other charges, and expenses reasonably incurred in sale or removal; for motor vehicles, trailers, and watercraft it also covers removal fees and expenses. It is superior to other claims except liens recorded in the occupant's name before the rental agreement date (in the occupant's or facility's county), tax liens, and perfected security interests. The rental agreement must contain a bold-type statement disclosing the lien, warning that stored property may be sold or removed on default, and (per Act 393 of 2025) requiring the occupant to disclose any lienholders with an interest in the stored property.

    Ark. Code Ann. §§ 18-16-402, 18-16-404

  2. 02

    Any time the occupant is in default under the rental agreement

    Default and access denial

    Default is the failure to timely perform any obligation of the rental agreement (§ 18-16-401). On default the operator may immediately deny the occupant access to the leased space (§ 18-16-405(a)). Entry of the leased space by the operator for lien-enforcement purposes does not constitute conversion and does not impose care, custody, or control obligations on the operator. The Act sets no statutory grace period — the rental agreement controls when rent becomes past due.

    Ark. Code Ann. §§ 18-16-401, 18-16-405

  3. 03

    After more than 45 continuous days of default

    45-day default threshold for lien sale

    Once the occupant has been in default for more than 45 days, the operator may enforce the lien by selling the stored personal property at a public sale for cash. The statute uses "more than forty-five (45) days" — enforcement on exactly Day 45 is not permitted. Before conducting the sale the operator must complete the default-notice, advertising, and lienholder-notice steps in § 18-16-407(b).

    Ark. Code Ann. § 18-16-406(a)

  4. 04

    Sent so the occupant has not less than 14 days after the notice date to pay before the sale

    Default notice sent

    The operator notifies the occupant in writing of the default, by first-class mail with certificate of mailing to the last known address — or by email if the occupant provided an email address and gave permission to use it for legal notice. The notice must include: (1) a statement that the contents are subject to the operator's lien; (2) the charges due, any additional charges accruing before the sale, and when they become due; (3) a demand for payment within a stated time not less than 14 days after the notice is sent; (4) a statement that unless paid, the contents will be sold at a specified time and place or removed on a specified date; (5) the operator's or agent's name, street address, and telephone number; and (6) the date, time, and place of the sale or removal unless the default is cured first.

    Ark. Code Ann. §§ 18-16-407(b)(1), 18-16-409

  5. 05

    Advertising at least 7 days before the sale; lienholder notice at least 10 days before

    Advertisement and lienholder notice

    At least 7 days before the sale or removal the operator must either (A) publish one advertisement announcing the sale or removal in a newspaper of general circulation in the county, or (B) advertise in a commercially reasonable manner — one conforming to advertising practices among dealers in that type of property. The advertisement is deemed commercially reasonable if at least three independent bidders participate (monetary offer in person or online, physical presence to purchase, or viewing the sale online to purchase). The operator must also identify lienholders through the circuit clerk or a commercially reasonable method (Act 393 of 2025), and notify each holder of a lien or security interest filed under the occupant's name by first-class mail with certificate of mailing at least 10 days before the sale or removal.

    Ark. Code Ann. § 18-16-407(a), (b)(2)–(3)

  6. 06

    On the advertised sale date, after the 14-day demand and 7-day advertising periods run

    Sale conducted

    The sale must be held at the self-service storage facility where the property is stored (§ 18-16-407(d)). The independent-bidder definition expressly counts online offers and online viewers, so operators commonly pair the on-site sale with an online auction listing — confirm the format with Arkansas counsel. The occupant may redeem at any time before the sale or removal by paying the amount necessary to satisfy the lien. A good-faith purchaser takes the property free and clear of the rights of persons against whom the lien was valid and of other lienholders. If the operator complies with the subchapter, its liability to the occupant is limited to the net proceeds. The operator must retain copies of all notices and return receipts for six months after the sale or removal.

    Ark. Code Ann. § 18-16-407(c)–(g)

  7. 07

    After at least 60 continuous days of default (motor vehicles, trailers, watercraft only)

    60-day default threshold for vehicle/watercraft tow-out

    As an alternative to sale, if the personal property is a motor vehicle, trailer, or watercraft and the occupant has been in default for at least 60 days, the operator may have the property removed by a towing operator rather than conducting a lien sale. Once the towing operator takes possession, the self-storage operator is not liable for the property or any damages to it. The statute does not specify a separate pre-tow notice procedure beyond the general lien notice — document the default timeline before calling the tower.

    Ark. Code Ann. § 18-16-406(b)

  8. 08

    Immediately after sale; surplus escheats to county after 2 years if unclaimed

    Surplus proceeds held; escheat after two years

    The operator applies sale proceeds first to satisfy the lien. Any surplus is held for delivery on demand to the occupant or any other recorded lienholder. If the occupant or lienholder does not claim the surplus within two years of the sale date, the surplus escheats to the county where the facility is located.

    Ark. Code Ann. § 18-16-408

Notice requirements

Permitted delivery

  • First-class mail with certificate of mailing to the occupant's last known address — deemed delivered when deposited with the U.S. Postal Service, properly addressed with postage prepaid — Ark. Code Ann. §§ 18-16-407(b)(1)(B), 18-16-409
  • Email — permitted only if the occupant has provided an email address AND given permission to the storage facility to use it as the legal notification address for the occupant's last known address. When both conditions are met, email may substitute for first-class mail for the default notice — Ark. Code Ann. § 18-16-407(b)(1)(D)

The notice must include

  • A statement that the contents of the occupant's leased space are subject to the operator's lien — Ark. Code Ann. § 18-16-407(b)(1)(C)(i)
  • A statement of the operator's claim: charges due on the date of the notice, the amount of any additional charges that will become due before the sale date, and the date those additional charges become due — Ark. Code Ann. § 18-16-407(b)(1)(C)(ii)
  • A demand for payment of the charges due within a specified time, not less than 14 days after the date the notice is sent — Ark. Code Ann. § 18-16-407(b)(1)(C)(iii)
  • A statement that unless the claim is paid within the time stated, the contents will be sold at a specified time and place or removed from the facility on a specified date — Ark. Code Ann. § 18-16-407(b)(1)(C)(iv)
  • The name, street address, and telephone number of the operator or designated agent the occupant may contact — Ark. Code Ann. § 18-16-407(b)(1)(C)(v)
  • Designation of the date, time, and place where the contents will be sold or removed unless the default is remedied before the sale or removal — Ark. Code Ann. § 18-16-407(b)(1)(C)(vi)

Ark. Code Ann. §§ 18-16-407(b)(1), 18-16-409

The part most guides skip

Vehicles, boats & RVs

Motor vehicles, trailers, and watercraft (including boats and RVs stored on outdoor lots) are expressly included in the definition of personal property (§ 18-16-401) and are fully subject to the standard lien enforcement process. The operator's lien expressly covers fees and expenses reasonably incurred to remove these items from the facility (§ 18-16-402(a)(2)). RVs classified as motor vehicles or trailers under Arkansas registration law fall within these categories — operators should confirm the registration classification of any stored RV or fifth-wheel trailer with Arkansas counsel. Arkansas provides two confirmed disposal paths for titled vehicles: (1) the standard lien-sale path under § 18-16-406(a) (public sale for cash after 45+ days of default, with full notice and advertising compliance); and (2) a tow-out path under § 18-16-406(b) (available after at least 60 days of default — operator calls a towing operator, and liability for the vehicle and any damage shifts to the towing operator on possession). A third path under § 18-16-413 reportedly authorizes use of towing-firm possessory lien procedures under §§ 27-50-1202 and 27-50-1208–1210, but the full text of § 18-16-413 could not be retrieved from a primary source and is pending manual verification — operators should not rely on that path without reviewing the current statute text with Arkansas counsel.

Titled property path

Standard lien-auction path (§ 18-16-406(a)): the purchaser at the lien sale takes the property free and clear of the operator's lien; the purchaser then applies to the Arkansas Office of Motor Vehicle (OMV) for a new certificate of title. Tow-out path (§ 18-16-406(b)): after 60+ days of default the operator calls a towing operator; once the towing firm takes possession the self-storage operator is no longer liable for the vehicle or any damage to it. The self-storage operator's lien for delinquent charges survives the tow and attaches to any proceeds remaining after the towing firm satisfies its own first-priority possessory lien under § 27-50-1208 (certified notice to owner and lienholders within 2–8 business days; 45-day owner redemption window before disposal). A separate path under § 18-16-413 (referencing §§ 27-50-1202 and 27-50-1208–1210) is reported in secondary sources but requires primary-source verification before operators rely on it.

Ark. Code Ann. §§ 18-16-401, 18-16-402(a)(2), 18-16-406(b), 27-50-1208; see also § 18-16-413 (primary text pending verification)

Sale rules

Method
Public sale for cash, held at the self-service storage facility where the property is stored (§§ 18-16-406(a), 18-16-407(d)). The independent-bidder definition counts online monetary offers and online viewers, so industry practice pairs the on-site sale with an online auction listing — confirm the format with Arkansas counsel; a pure online-only auction is not clearly authorized by subsection (d). Whether the operator may bid at its own sale is not addressed by the statute. A good-faith purchaser takes free and clear, and a compliant operator's liability to the occupant is limited to the net proceeds (§ 18-16-407(e)–(f)).
Advertising
At least 7 days before the sale or removal: either (A) one advertisement announcing the sale or removal in a newspaper of general circulation in the county where the facility is located, or (B) advertising in a commercially reasonable manner — one in conformity with advertising practices among dealers in the type of property being sold. The advertisement is deemed commercially reasonable if at least three independent bidders participate (§ 18-16-407(a), (b)(2)). Each holder of a lien or security interest filed under the occupant's name must receive first-class mail notice with certificate of mailing at least 10 days before the sale or removal (§ 18-16-407(b)(3)).
Proceeds & surplus
Sale proceeds are applied first to satisfy the operator's lien (delinquent rent, late fees, reasonable removal and sale expenses). Any surplus is held for the occupant or any recorded lienholder on demand. If no claim is made within two years of the sale date, the surplus escheats to the county. Net proceeds are defined as proceeds minus the operator's reasonable expenses (attorney's fees, auctioneer fees, postage, publication), the occupant's debt, and preservation/sale charges (§ 18-16-401).

Ark. Code Ann. §§ 18-16-406(a), 18-16-407, 18-16-408

Late fees

The statute caps late fees at the greater of $30.00 per month or 20% of the monthly rental amount (§ 18-16-411(a)). The cap applies only if the late-fee amount and conditions are stated in the rental agreement or an addendum — a verbal-only late-fee policy is not enforceable. The statute sets no grace period; the rental agreement controls when rent is "due" for late-fee purposes. Expenses incurred for rent collection or lien enforcement (attorney fees, auctioneer fees, certified-mail postage, publication costs) may be charged to the occupant separately on top of the permitted late fee (§ 18-16-411(b)).

Ark. Code Ann. § 18-16-411

Operator questions

My outdoor lot stores boats, RVs, and trailers only — am I covered by the Arkansas Self-Service Storage Act?

Yes. The Act defines personal property to include motor vehicles, watercraft, and household items (§ 18-16-401), and defines a self-service storage facility as real property where occupants store and remove their own property independently (§ 18-16-401). There is no requirement for enclosed units. RVs and fifth-wheel trailers fall within the motor-vehicle or trailer categories under Arkansas registration law. Confirm your lot structure matches the statutory definition with Arkansas counsel before relying on the Act.

When can I have a delinquent boat or RV towed, and what happens to my liability after it leaves?

The tow-out option opens once the occupant has been in default for at least 60 days (§ 18-16-406(b)). Once the towing operator takes possession, you are not liable for the vehicle, watercraft, or trailer or for any damage to it. Your lien for the delinquent rent and charges does not disappear — it survives the tow and attaches to any net proceeds remaining after the towing firm satisfies its own first-priority possessory lien under § 27-50-1208. Do not tow before Day 60, and consult counsel if the vehicle has a recorded security interest (e.g., a boat loan).

Do I still have to run a newspaper ad, or can I use StorageTreasures or another online auction site?

Since Act 363 (eff. July 28, 2021) you no longer need a newspaper ad. You may advertise in any commercially reasonable manner; the advertisement is deemed commercially reasonable if at least three independent bidders participate — making a monetary offer in person or online, being physically present to purchase, or viewing the sale online to purchase (§ 18-16-407(a), (b)(2)). One caveat: § 18-16-407(d) still requires the sale to be held at the facility where the property is stored, so a pure online-only auction is not clearly authorized — most operators pair an on-site sale with an online platform listing. If fewer than three independent bidders participate, cancel and re-advertise.

Can I send the default notice by email instead of certified mail?

Yes, if two conditions are met: the occupant provided an email address AND gave permission to use it as the legal notification address (§ 18-16-407(b)(1)(D)). Without both, you must use first-class mail with certificate of mailing. Best practice: put an email-consent clause in your rental agreement so you have documentary proof. Act 393 of 2025 (eff. ~Aug. 3, 2025) also expanded "last known address" to include an email address given in a written or electronic rental application even when no signed agreement exists, and created a separate 14-day termination/nonrenewal notice that may itself be delivered by email (§§ 18-16-401(4), 18-16-415).

A tenant never signed the rental agreement — can I still enforce my lien against their RV?

Yes, under Act 393 of 2025. New § 18-16-414 says a rental agreement may be delivered and signed electronically or in writing, and if the person does not sign an agreement that you delivered to their last known address (hand delivery, first-class mail, or email), their continued use of the space for at least 30 days from the date of the notice constitutes acceptance — the same effect as a signature. Keep proof of delivery. Separately, § 18-16-415 lets you terminate or non-renew with at least 14 days' notice to remove property; after that period you may dispose of anything left behind.

How much can I charge in late fees, and what happens to unclaimed sale money?

Late fees cap at the greater of $30.00 per month or 20% of monthly rent, and must be disclosed in the rental agreement or an addendum (§ 18-16-411(a)). Collection and lien-enforcement expenses are chargeable on top (§ 18-16-411(b)). After a sale, hold any surplus for the occupant or any recorded lienholder on demand; if unclaimed within two years of the sale date, the surplus escheats to the county — you do not keep it (§ 18-16-408(b)).

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