Cross-state comparison
Who keeps surplus sale proceeds, by state
A lien sale that clears more than the debt creates a question most operators only confront after the money is already in their account: whose is it? The answers span the full range. Most states make you hold the surplus for the occupant for a set period, after which the unclaimed balance escheats to the state as abandoned property. A few route it to a county fund or court instead — Iowa sends it to the county treasurer. And a handful, including Maine and North Dakota, let the operator keep what’s left.
Getting this wrong is expensive in both directions: keeping surplus a statute says you must hold is conversion, while remitting money a statute says is yours is a pure loss. The classification below comes straight from the verified guides; the detail column shows the holding period and mechanics where the statute sets one.
All 50 states
| State | Surplus goes to | Detail | Citation |
|---|---|---|---|
| Alabama | Operator keeps | Surplus is held for occupant or secured lienholder on demand. If unclaimed within one year of the sale date, the balance becomes the operator's property. No Alabama requirement to escheat to the state. | Ala. Code § 8-15-46(f) |
| Alaska | Occupant, then state | Surplus after paying sale expenses and lien charges belongs to the property owner (occupant). AS 34.35.225 sets no holding period or unclaimed-funds process; operators should consult Alaska unclaimed property law (AS 34.45 et seq.) for remittance obligations. | AS 34.35.225 |
| Arizona | Occupant, then state | Surplus is returned to the occupant on demand. Unclaimed surplus is remitted to the Arizona Department of Revenue — a state agency, not a county or court fund — within 90 days of the sale. Claimants have 2 years to recover funds from the state; after that the balance transfers to the state school fund. | A.R.S. § 33-1704(H) |
| Arkansas | County / court | Surplus is held for occupant or recorded lienholder on demand. If unclaimed within two years of the sale date, the surplus escheats to the county where the facility is located. | Ark. Code Ann. § 18-16-408 |
| California | Occupant, then state | Surplus proceeds must be held by the operator for one year from the sale date. Occupant may claim during that year. After one year, unclaimed surplus escheats to the county treasury. | Cal. Bus. & Prof. Code §§ 21707(b), 21705(b) |
| Colorado | Operator keeps | Surplus is held for the occupant, lienholder, or other person in interest. If unclaimed within three years of the sale date, the balance becomes the operator's property without further recourse. | C.R.S. § 38-21.5-103(1)(j) |
| Connecticut | Operator keeps | Surplus must be held and delivered on demand to the occupant or any interested party. If unclaimed within two years of the sale date, the balance becomes the operator's property. Connecticut unclaimed-property law (Ch. 32) may separately require reporting — confirm with counsel. | Conn. Gen. Stat. § 42-167 |
| Delaware | Occupant, then state | Surplus is held for occupant on demand. Delaware abandoned-property law (12 Del. C. Ch. 11) applies a five-year abandonment presumption from the date of sale; unclaimed funds must then be remitted to the state. | 25 Del. C. § 4904(i); 12 Del. C. Ch. 11 |
| Florida | Operator keeps | Surplus is held by operator for tenant; operator must notify tenant of balance. If tenant does not claim within 2 years of the sale date, proceeds are deemed abandoned and operator has no further obligation. | Fla. Stat. § 83.806(8) |
| Georgia | Occupant, then state | Surplus is held for occupant or notified lienholder. If unclaimed within two years of the sale date, surplus must be disposed of under the Georgia Disposition of Unclaimed Property Act (O.C.G.A. § 44-12, Article 5). | O.C.G.A. § 10-4-213 |
| Hawaii | Occupant, then state | After deducting the lien and sale costs, the operator holds the surplus for one year on behalf of the occupant. Any person with a court order against the property may also claim during that year. After one year any remaining surplus must be remitted to the State under HRS chapter 523A (Uniform Disposition of Unclaimed Property Act). | HRS §§ 507-65(1)(F), 507-66(b) |
| Idaho | Other | Surplus must be paid to the lessee or any person the lessee has authorized in writing to receive it (§ 55-2306(5)). Chapter 23 sets no holding period or mandatory escheat. Idaho's Revised Unclaimed Property Act (Title 14, Chapter 5) may require remittance after applicable dormancy period — the storage act itself is silent. | Idaho Code § 55-2306(5) |
| Illinois | Operator keeps | Surplus must be held for delivery to the occupant on demand for one year from the sale date. If the occupant does not claim within one year, the surplus becomes the operator's property without further recourse. Illinois does not require remittance to a state unclaimed-property fund under this statute. | 770 ILCS 95/4(J) |
| Indiana | Occupant, then state | Operator holds surplus for one year from the sale date and must deliver it to the renter on demand. If unclaimed after one year, the balance becomes unclaimed property under IC 32-34-1.5 and must be remitted to the Indiana Unclaimed Property Division. | IC 26-3-8-15(c) |
| Iowa | County / court | After satisfying the lien, the operator holds surplus for 90 days; occupant may claim during that window. If unclaimed after 90 days, the operator pays the balance to the county treasurer of the county where the facility is located. The county holds the funds for 2 years; if still unclaimed, the funds become county property. | Iowa Code § 578A.7(5) |
| Kansas | Occupant, then state | Surplus is held one year for the occupant or recorded lienholders, then remitted to the Kansas state treasurer as abandoned property under the disposition of unclaimed property act. | K.S.A. 58-817(a)(2), (d), (f) |
| Kentucky | Other | After the sale, surplus is held up to 60 days for other recorded lienholders who present claims (first-come, first-served). After 60 days any remaining balance is delivered to the occupant. The statute does not address unclaimed occupant surplus; KRS Chapter 393A (Uniform Unclaimed Property Act) may require state remittance if the occupant cannot be located. | KRS 359.230(5)(a)–(c) |
| Louisiana | Operator keeps | After satisfying the privilege and all reasonable sale expenses, any surplus is held as a credit in the lessee's name. The lessee may claim the balance within two years of the sale date, without interest. If unclaimed after two years, the surplus becomes the property of the operator with no further recourse by the lessee. | R.S. 9:4759(A) |
| Maine | Operator keeps | Operator holds surplus for 90 days from the sale date and must release it on demand to the occupant or any recorded lienholder. After 90 days without a claim, the surplus becomes the operator's property. Maine's Unclaimed Property Act (33 M.R.S. §§ 1951 et seq.) may impose separate escheat obligations; the Self-Service Storage Act itself is silent on remittance. | 10 M.R.S. § 1375(5) |
| Maryland | Occupant, then state | Operator mails any surplus by certified mail to the occupant or recorded lienholder. Surplus is held for one year from the sale date; if unclaimed after one year, it is presumed abandoned under § 17-307.1 of the Commercial Law Article and must be remitted to the state. | Md. Code Ann., Com. Law § 18-504(e) |
| Massachusetts | Other | After satisfying the lien, the operator must hold any surplus and release it on demand to the occupant or any person otherwise entitled to the property. The statute sets no time limit on the holding period. Massachusetts unclaimed property law (M.G.L. c. 200A) may require reporting and remittance to the state after the applicable dormancy period. | M.G.L. c. 105A, § 4 |
| Michigan | Occupant, then state | Surplus must be mailed to the tenant by certified mail with a separate first-class notification. If unclaimed for two years after the sale date, the funds escheat to the State of Michigan. | MCL 570.525(14)–(15) |
| Minnesota | Occupant, then state | Surplus is held for the occupant with written notice of redemption rights. Unclaimed surplus remaining more than one year after the sale must be deposited into the Minnesota state unclaimed property funds account. | Minn. Stat. § 514.973, subd. 6 |
| Mississippi | Occupant, then state | Surplus is held for the occupant on demand. If unclaimed within one year of the sale date, the balance is deemed abandoned and must be paid to Mississippi's State Treasurer under the Uniform Disposition of Unclaimed Property Act. | Miss. Code § 85-7-127 |
| Missouri | Occupant, then state | Surplus is held for one year for the occupant or known lienholders; occupants must file a sworn affidavit to claim funds. Unclaimed surplus after one year is reported and remitted to the Missouri State Treasurer as abandoned property. | RSMo § 415.415.3 |
| Montana | Occupant, then state | Net surplus is sent by check to the renter at the last-known address. If the check remains uncashed for one year, the funds become abandoned property and must be reported and remitted to the Montana Department of Revenue under the Uniform Unclaimed Property Act (MCA Title 70, Chapter 9, Part 8). | MCA § 70-6-607(5)–(6) |
| Nebraska | Occupant, then state | Surplus is held for the occupant for one year from the sale date. Unclaimed surplus after one year is reported and remitted to the Nebraska State Treasurer as abandoned property under the Uniform Disposition of Unclaimed Property Act. | Neb. Rev. Stat. §§ 76-1607(6)(a), 76-1607(6)(b) |
| Nevada | County / court | Surplus is retained by the owner on the occupant's behalf. The occupant or authorized representative may claim it within one year of the sale date. After one year, unclaimed proceeds must be paid to the county treasurer for deposit in the county's general fund. | NRS 108.477(5)–(6) |
| New Hampshire | Occupant, then state | Surplus is held by the owner for 90 days from the sale date for delivery on demand to lienholders of record or the renter. If unclaimed after 90 days, the owner must report and remit the balance as unclaimed property under RSA 471-C:19. | RSA 451-C:11 |
| New Jersey | Occupant, then state | Surplus must be deposited in an interest-bearing account with written notice to the occupant. The NJ Unclaimed Property Act (N.J.S.A. 46:30B et seq.) governs after the applicable dormancy period. | N.J.S.A. 2A:44-191(j)–(k) |
| New Mexico | Operator keeps | Unclaimed surplus vests in the owner after two years from the sale date without further recourse by the occupant or any lienholder (§48-11-7(J)). During the two-year window the owner holds the balance for delivery to the occupant or lienholder on demand. | NMSA § 48-11-7(J) |
| New York | Other | § 182 contains no enacted surplus provision. Any surplus belongs to the occupant under general equitable principles. NY Abandoned Property Law (Art. VII) likely requires remitting unclaimed surplus to the state, but § 182 does not codify this. Pending bills (A8552A / S6220A) would add a one-year hold with escheat; neither is enacted. | Lien Law § 182(7)(a); NY Abandoned Property Law Art. VII |
| North Carolina | County / court | After the sale, surplus is paid to the occupant or other person lawfully entitled. If that person cannot be found, the surplus is paid to the clerk of superior court of the county where the sale took place, to be held for the entitled party. | N.C. Gen. Stat. § 44A-44(c) |
| North Dakota | Operator keeps | Surplus is held for 6 months from the sale date for delivery to the occupant or any recorded lienholder on demand. After 6 months, any unclaimed balance may be retained by the owner (§ 35-33-06). Chapter 35-33 contains no remittance-to-state requirement, though N.D.C.C. Chapter 47-30.2 (Revised Uniform Unclaimed Property Act) may apply independently. | N.D.C.C. § 35-33-06 |
| Ohio | Occupant, then state | Surplus is mailed to the occupant at their last known mailing address by certified or first-class mail and held for two years. After two years, unclaimed surplus becomes subject to Ohio unclaimed property law — reported and remitted to the state. | ORC §§ 5322.03(L), 5322.03(N), 5322.03(O) |
| Oklahoma | Occupant, then state | Surplus is held for 90 days; any person claiming an interest may present proof during that window. After 90 days, the owner distributes based on claims received. Any remaining excess is presumed abandoned and administered under the Oklahoma Uniform Unclaimed Property Act. | 42 O.S. §§ 197(L)–(M) |
| Oregon | Occupant, then state | After the sale, the owner holds surplus for the occupant. If the occupant does not claim the surplus within two years of the sale date, the owner must presume it abandoned and report and deliver it to the Oregon State Treasurer under Oregon abandoned property law. | ORS 87.691(8)–(9) |
| Pennsylvania | Occupant, then state | Surplus is held for the occupant on demand. If not claimed within 6 months of the sale date, it is deemed abandoned unclaimed property and must be reported and paid to the Pennsylvania State Treasurer under Article XIII.1 of The Fiscal Code. Operators do not retain unclaimed surplus. | 12 Pa.C.S. § 5614 |
| Rhode Island | Occupant, then state | After the sale, the owner holds any remaining balance for delivery on demand to any person who would have been entitled to the property. If not claimed within two years of the sale date, the balance escheats to the state of Rhode Island under § 34-42-4(j). (Note: the enrolled statute text uses "eschew" — a drafting error; legal effect is escheat.) | R.I. Gen. Laws § 34-42-4(j) |
| South Carolina | Occupant, then state | Surplus is held for the occupant or any notified secured-interest holder. If unclaimed for two years from the sale date, it must be remitted per Chapter 18, Title 27 (South Carolina Uniform Disposition of Unclaimed Property Act). | S.C. Code Ann. § 39-20-45(L) |
| South Dakota | Occupant, then state | Surplus is held for the occupant for three years from the sale date. If not claimed within three years, the owner must remit the unclaimed balance to the South Dakota Office of the State Treasurer under the state unclaimed property process (SDCL ch. 43-41B). | SDCL 44-14-3(10) |
| Tennessee | Occupant, then state | Surplus held for occupant on demand. If unclaimed within one year of the sale date, deemed abandoned and remitted to the Tennessee State Treasurer under the Uniform Unclaimed Property Act. | Tenn. Code Ann. §§ 66-31-105(2)(J), 66-31-105(2)(L) |
| Texas | Operator keeps | Operator delivers written notice of surplus to tenant's last known address. Tenant has two years from the sale date to claim the excess. If unclaimed after two years, the surplus legally belongs to the operator. | Tex. Prop. Code § 59.046 |
| Utah | Occupant, then state | Surplus held for occupant, lienholder, or other interested party. Unclaimed surplus after one year from sale date becomes property of the Utah State Treasurer as unclaimed property. | Utah Code § 38-8-3(12) |
| Vermont | Occupant, then state | Surplus held for occupant on demand. If occupant does not claim it, owner must remit it without interest to the Treasurer of the State of Vermont under Vermont's unclaimed property statute (27 V.S.A. Chapter 14). No owner-retention period permitted. | 9 V.S.A. §§ 3905(9)(A)–(B) |
| Virginia | Other | Surplus held for delivery on demand to the occupant or recorded lienholder. The statute sets no maximum holding period and specifies no escheat obligation — the guide does not identify an unclaimed-property deadline. | Va. Code §§ 55.1-2902(E), (G) |
| Washington | Occupant, then state | Surplus held on occupant's behalf for six months; occupant or party with a court order may claim it during that period. Owner retains earned interest. After six months, unclaimed surplus is remitted to the state as abandoned property under RCW 63.30. | RCW 19.150.080(2)(a); RCW 19.150.080(5) |
| West Virginia | Other | Surplus mailed by certified mail to occupant at last known address. If returned undelivered, held one year from sale date, then presumed abandoned. Article 14 does not name a specific unclaimed-property statute; W. Va. Code § 36-8 plausibly governs. | W. Va. Code § 38-14-5(f) |
| Wisconsin | Occupant, then state | Surplus returned to lessee. If lessee cannot be located with due diligence, surplus is reported and delivered to the Wisconsin Secretary of Revenue as unclaimed property under ch. 177. | Wis. Stat. § 704.90(6)(b) |
| Wyoming | Other | Surplus held for delivery on demand to the owner or any person entitled to it, who must provide reasonable evidence of their right. Statute sets no deadline and no escheat obligation; Wyoming Uniform Unclaimed Property Act (W.S. 34-24-101 et seq.) plausibly governs if owner cannot be located. | W.S. 29-7-105(f) |
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