LotWardenLien laws by state

Storage lien laws · State guide

Colorado storage lien laws

Colorado Revised Statutes, Title 38, Article 21.5 — Self-Service Storage Facility Liens (§§ 38-21.5-101 through 38-21.5-105) →Verified 2026-06-10

Colorado gives storage operators a statutory lien on all personal property at the facility from the day it arrives (§ 38-21.5-102). No enforcement action may start until the occupant has been in default for 30 continuous days (§ 38-21.5-103(1)(a)). After 30 days the owner sends written notice by personal delivery, verified mail, or e-mail; the notice must demand payment in at least 15 days. If unpaid, the owner advertises the sale in a weekly local periodical for two consecutive weeks, or uses any commercially reasonable method drawing at least three independent bidders. Sales may be held online, at the facility, or at the nearest suitable place. Surplus proceeds are held for three years. For vehicles and watercraft, 60 days of non-payment unlocks a tow alternative. The rental agreement must contain a 30-day sell-or-dispose notice and a lienholder disclosure provision. Safe-harbor late fee: $20 or 20% of monthly rent, whichever is greater (§ 38-21.5-101.5(3)).

At a glance

CO · verified 2026-06-10
Statute
Colorado Revised Statutes, Title 38, Article 21.5 — Self-Service Storage Facility Liens (§§ 38-21.5-101 through 38-21.5-105)
Notice delivery
Personal delivery to the occupant (§ 38-21.5-103(1)(b)) · Verified mail (any USPS method that provides proof of mailing) to the last-known postal address (§§ 38-21.5-101(9), 38-21.5-103(1)(b)) · Electronic mail (e-mail) to the last-known e-mail address — BUT if the owner sends notice by e-mail and receives no response, return receipt, or delivery confirmation, the owner MUST also send verified mail to the last-known postal address before proceeding with the sale (§ 38-21.5-103(1)(b), (1)(d))
Sale method
The sale may be conducted on a publicly accessible online auction website (such as an online auction platform), at the self-service storage facility, or at the nearest suitable place to where the property is held or stored. A good-faith purchaser takes the property free of all claims against which the lien was valid and free of secured-creditor rights, even if the owner did not fully comply with the statute's requirements (§ 38-21.5-103(1)(g)(I), (i)).
Late fees
Colorado sets a statutory safe-harbor formula: a late fee of $20 or 20% of the monthly rental amount, whichever is greater, per late payment, is deemed reasonable and does not constitute a penalty (§ 38-21.5-101.5(3)). The owner may not collect a late fee as part of the lien unless the amount is stated in the rental agreement or in an addendum to it. If the rental agreement contains a value limit on stored property, that limit is deemed the maximum value of the stored property for lien purposes (§ 38-21.5-101.5(2)).
Vehicles & boats
The storage operator has no independent path to obtain or transfer a certificate of title under Article 21.5. After a lien sale involving a titled vehicle or watercraft, the purchaser must apply to the Colorado Department of Revenue (Motor Vehicle Division) for a new title; confirm the current required documentation with the Colorado DMV before completing the sale. Colorado's § 38-21.5-102 requires the owner to check for UCC financing statements filed with the Secretary of State before taking enforcement action, and § 38-21.5-103(1)(b) requires notice to known lienholders, which applies to titled vehicles with outstanding loans.

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 moment personal property is brought to the facility

    Lien attaches — property arrives

    The statute creates a lien automatically on all personal property located at the facility as of the date it arrives. The lien secures rent, labor, other charges, late fees stated in the rental agreement, and expenses necessary to preserve or sell the property. Before taking enforcement action, the owner must check whether a UCC financing statement covering the property has been filed with the Colorado Secretary of State.

    C.R.S. § 38-21.5-102

  2. 02

    Days 1–30 — no enforcement action permitted during this window

    Continuous default period required

    The statute prohibits any enforcement action until the occupant has been in default continuously for 30 days. "Default" means failure to perform any obligation in the article or rental agreement in a timely manner. The rental agreement must contain a conspicuous notice that property stored under the agreement will be sold or otherwise disposed of if no payment has been received for a continuous 30-day period.

    C.R.S. §§ 38-21.5-101(1), 38-21.5-101.5(1)(a), 38-21.5-103(1)(a)

  3. 03

    After Day 30 of continuous default

    Deliver written notice of claim

    Once 30 days of continuous default have elapsed, the owner may begin enforcement by delivering written notice to the occupant and to any lienholder the owner knows about (through the rental agreement's lienholder disclosure, a UCC financing statement, or other written notice received from the lienholder). Notice must be delivered in person, by verified mail, or by e-mail to the last-known address. Notice must include the itemized claim, a property description, access-denial information if applicable, a payment demand with at least 15 days to cure, and a warning that the property will be sold.

    C.R.S. § 38-21.5-103(1)(b)–(c)

  4. 04

    Before advertising the sale — required if e-mail notice got no response

    E-mail fallback to verified mail

    If the owner sent the notice of pending sale to the occupant's last-known e-mail address and did not receive any response, return receipt, or delivery confirmation from that address, the owner must separately send verified mail to the occupant's last-known postal address before proceeding with the sale. This step does not restart the 15-day cure window; it is a delivery-confirmation safeguard.

    C.R.S. § 38-21.5-103(1)(d)

  5. 05

    After the payment deadline stated in the notice (minimum 15 days from delivery)

    Cure period expires — advertise the sale

    If the occupant does not pay by the deadline, the owner advertises the sale by: (A) publishing in a periodical that circulates weekly or more frequently in the county, once a week for two consecutive weeks; OR (B) using any other commercially reasonable method, which is deemed commercially reasonable if at least three independent bidders attend the sale as advertised. An independent bidder is one not related to and with no controlling or common pecuniary interest in the owner or other bidders.

    C.R.S. § 38-21.5-103(1)(e)

  6. 06

    After the advertising requirement is satisfied

    Conduct the sale or other disposition

    The sale may be held on a publicly accessible online auction website, at the self-service storage facility, or at the nearest suitable place to where the property is held. The occupant may redeem the property at any time before the sale by paying the full lien amount plus the owner's reasonable enforcement expenses. A good-faith purchaser at the sale takes the property free of all claims of persons against whom the lien was valid and free of the rights of any secured creditor, even if the owner did not fully comply with the statute.

    C.R.S. §§ 38-21.5-103(1)(g)(I), 38-21.5-103(1)(h), 38-21.5-103(1)(i)

  7. 07

    Immediately after the sale

    Apply proceeds and hold surplus

    Sale proceeds are applied to the lien and reasonable sale expenses, subject to prior lienholder rights (prior lien rights automatically transfer to the proceeds). Any remaining balance is held for the occupant, lienholder, or other person in interest. If no one claims the surplus within three years of the sale date, the surplus becomes the property of the owner without further recourse.

    C.R.S. § 38-21.5-103(1)(j)

Notice requirements

Permitted delivery

  • Personal delivery to the occupant (§ 38-21.5-103(1)(b))
  • Verified mail (any USPS method that provides proof of mailing) to the last-known postal address (§§ 38-21.5-101(9), 38-21.5-103(1)(b))
  • Electronic mail (e-mail) to the last-known e-mail address — BUT if the owner sends notice by e-mail and receives no response, return receipt, or delivery confirmation, the owner MUST also send verified mail to the last-known postal address before proceeding with the sale (§ 38-21.5-103(1)(b), (1)(d))

The notice must include

  • An itemized statement of the owner's claim showing the sum due and the date it became due (§ 38-21.5-103(1)(c)(I))
  • A brief and general description of the personal property subject to the lien — locked containers may be described as such without describing their contents (§ 38-21.5-103(1)(c)(II))
  • A notification of denial of access to the property (if access denial is permitted in the rental agreement), including the owner's or agent's name, street address, and telephone number (§ 38-21.5-103(1)(c)(III))
  • A demand for payment within a specified time of at least 15 days after delivery of the notice (§ 38-21.5-103(1)(c)(IV))
  • A conspicuous statement that the property will be advertised for sale and sold or otherwise disposed of at a specified time and place if the claim is not paid within the stated time (§ 38-21.5-103(1)(c)(V))

C.R.S. §§ 38-21.5-101(9), 38-21.5-103(1)(b)–(d)

The part most guides skip

Vehicles, boats & RVs

Colorado defines "vehicle" as any item of personal property required to be registered with the Colorado Department of Revenue under C.R.S. § 42-3-103. "Watercraft" means any vessel, including a personal watercraft, as defined in C.R.S. § 33-13-102. Both categories are subject to the standard 30-day default wait and 15-day notice-and-cure process. However, § 38-21.5-103(1)(g)(II) provides a distinct tow alternative after 60 days: if rent and other charges on a vehicle or watercraft remain unpaid or unsatisfied for 60 days, the operator MAY (but is not required to) have the property towed from the facility by an independent towing carrier holding current and valid operating authority from the Colorado Public Utilities Commission. The statute provides: "The owner is not liable for the property, or for any damages to the property, once the towing carrier takes possession of the property" (§ 38-21.5-103(1)(g)(II)(B)). For RVs stored in outdoor lots: an RV that qualifies as a motor vehicle or trailer under § 42-3-103 is a "vehicle" under § 38-21.5-101(8), so both the standard lien-sale path and the 60-day tow alternative apply. Boats meeting the § 33-13-102 watercraft definition also get the 60-day tow option. The statute does not give the storage operator a direct path to obtain or transfer a title certificate. Confirm current title paperwork requirements with the Colorado DMV before completing any sale involving a titled vehicle.

Titled property path

The storage operator has no independent path to obtain or transfer a certificate of title under Article 21.5. After a lien sale involving a titled vehicle or watercraft, the purchaser must apply to the Colorado Department of Revenue (Motor Vehicle Division) for a new title; confirm the current required documentation with the Colorado DMV before completing the sale. Colorado's § 38-21.5-102 requires the owner to check for UCC financing statements filed with the Secretary of State before taking enforcement action, and § 38-21.5-103(1)(b) requires notice to known lienholders, which applies to titled vehicles with outstanding loans.

C.R.S. §§ 38-21.5-101(8), 38-21.5-101(10), 38-21.5-102, 38-21.5-103(1)(b), 38-21.5-103(1)(g)(II); C.R.S. §§ 42-3-103, 33-13-102

Sale rules

Method
The sale may be conducted on a publicly accessible online auction website (such as an online auction platform), at the self-service storage facility, or at the nearest suitable place to where the property is held or stored. A good-faith purchaser takes the property free of all claims against which the lien was valid and free of secured-creditor rights, even if the owner did not fully comply with the statute's requirements (§ 38-21.5-103(1)(g)(I), (i)).
Advertising
Option 1 — Newspaper/periodical: publish once per week for two consecutive weeks in a periodical that circulates weekly or more frequently in the county where the facility is located. Option 2 — Commercially reasonable method: any method is deemed commercially reasonable if at least three independent bidders attend the sale at the time and place advertised. "Independent bidder" means a bidder who is not related to and has no controlling interest in, or common pecuniary interest with, the owner or any other bidder (§ 38-21.5-103(1)(e)).
Proceeds & surplus
Proceeds satisfy the lien and reasonable sale expenses first. Prior lienholders' rights transfer automatically to the proceeds. The owner holds any surplus for the occupant, lienholder, or other person in interest. If unclaimed for three years after the sale date, the surplus becomes the owner's property without further recourse (§ 38-21.5-103(1)(j)).

C.R.S. §§ 38-21.5-103(1)(e), 38-21.5-103(1)(g)(I), 38-21.5-103(1)(i), 38-21.5-103(1)(j)

Late fees

Colorado sets a statutory safe-harbor formula: a late fee of $20 or 20% of the monthly rental amount, whichever is greater, per late payment, is deemed reasonable and does not constitute a penalty (§ 38-21.5-101.5(3)). The owner may not collect a late fee as part of the lien unless the amount is stated in the rental agreement or in an addendum to it. If the rental agreement contains a value limit on stored property, that limit is deemed the maximum value of the stored property for lien purposes (§ 38-21.5-101.5(2)).

C.R.S. § 38-21.5-101.5(3)

Operator questions

My tenant stores an RV in an outdoor lot and has not paid for 45 days. Can I start the sale process now?

Yes — you can begin enforcement after 30 days of continuous default. Send written notice (in person, by verified mail, or by e-mail) to the tenant's last-known address. The notice must itemize what is owed, describe the RV, demand payment within at least 15 days, and warn that the RV will be sold if payment is not received. An RV that must be registered under C.R.S. § 42-3-103 is a "vehicle" under § 38-21.5-101(8), so all standard lien procedures apply. You must also notify any lienholder you know about — check the rental agreement's lienholder disclosure and search UCC filings with the Secretary of State before proceeding (§ 38-21.5-102).

After 60 days of non-payment on a boat or RV, can I just have it towed instead of holding a sale?

Yes. Section 38-21.5-103(1)(g)(II) allows you — but does not require you — to have the vehicle or watercraft towed by a towing carrier holding current and valid operating authority from the Colorado Public Utilities Commission, once rent and other charges have remained unpaid for 60 days. Once the carrier takes possession, you are not liable for the property or any damage to it. The tow company then handles further disposition under Colorado's Title 42 framework. This is operationally simpler, but you give up control of how and when the property is disposed of after the tow.

I sent the notice by e-mail and never got a response. Can I move straight to advertising the sale?

No. Section 38-21.5-103(1)(d) requires that if you sent the notice of pending sale to the occupant's last-known e-mail address and received no response, return receipt, or delivery confirmation, you must separately send verified mail to the occupant's last-known postal address before proceeding with the sale. This is a mandatory step whenever e-mail delivery cannot be confirmed. Budget extra time for this requirement.

What is the late fee I can charge, and do I have to list it in the rental agreement?

Colorado sets a safe-harbor formula at § 38-21.5-101.5(3): $20 or 20% of the monthly rental amount, whichever is greater, per late payment, is automatically deemed reasonable and not a penalty. You may charge a different amount, but if you want to collect a late fee as part of the lien, the specific dollar amount or formula must be stated in the rental agreement or in a written addendum to it. A fee not disclosed in writing cannot be added to the lien.

Can I hold the auction online instead of at the facility?

Yes. Section 38-21.5-103(1)(g)(I) expressly allows the sale to be held on an online auction website that customarily conducts public auctions. You still need to satisfy the advertising requirement first — either publish in a local periodical weekly or more frequently for two consecutive weeks, or use any other method that draws at least three independent bidders to the sale as advertised.

The sale proceeds exceeded what the tenant owed. What do I do with the extra money?

Hold it. Under § 38-21.5-103(1)(j), the surplus belongs to the occupant, lienholder, or other person in interest. If no one claims the balance within three years of the sale date, the money becomes yours without further recourse. Keep a dated record of the sale, the proceeds, and how you attempted to notify the tenant so you can document the three-year clock if needed.

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