Storage lien laws · State guide
Florida storage lien laws
Florida Statutes §§ 83.801–83.809 (Self-storage Facility Act) →Verified 2026-06-10
Florida's Self-storage Facility Act (Fla. Stat. §§ 83.801–83.809) gives a storage facility owner a lien on all property in the unit from the day it arrives. When rent goes unpaid, the statute requires written notice with a 14-day cure period, then at least two weeks of advertising, and a sale no earlier than 15 days after the first ad runs. Motor vehicles and watercraft stored outdoors or inside reach a separate fork at 60 days past due: the owner may run the standard lien sale or hand the vehicle to a licensed wrecker, who then follows the towing-industry notice and title rules in § 713.78. Late fees are capped by statute at the greater of $20 or 20 percent of monthly rent per period.
At a glance
FL · verified 2026-06-10- Statute
- Florida Statutes §§ 83.801–83.809 (Self-storage Facility Act)
- Notice delivery
- Personal delivery to the tenant — Fla. Stat. § 83.806(1) · Email, if an email address was provided in the rental agreement — Fla. Stat. § 83.806(1). If no delivery confirmation is received, the owner must also send first-class mail before proceeding. · First-class mail with certificate of mailing to the tenant's last known address — Fla. Stat. § 83.806(1) · Conspicuous posting at the facility or on the self-contained unit — Fla. Stat. § 83.806(1) (required in addition to one of the above methods) · Delivery is presumed when deposited with USPS, properly addressed, with postage prepaid — Fla. Stat. § 83.806(3)
- Sale method
- Sales must be conducted in a commercially reasonable manner as defined in Fla. Stat. § 679.610. A good-faith buyer takes free of competing claims even if the owner did not strictly comply with notice requirements (§ 83.806(7)). The rental agreement may specify a maximum declared value for the stored property; if so, that figure is treated as the maximum recoverable value (§ 83.806(9)).
- Late fees
- Florida sets a statutory reasonableness floor, not a cap. Under Fla. Stat. § 83.808(3), a late fee of $20 or 20 percent of the monthly rent, whichever is greater, per period of non-payment is deemed reasonable and does not constitute a penalty. The fee amount and conditions must be specified in the rental agreement or an addendum. The owner may also charge reasonable fees for rent-collection expenses and lien-enforcement costs. There is no statutory maximum above the safe-harbor amount, but fees above it carry the risk of being challenged as a penalty.
- Vehicles & boats
- For the tow-out path, the wrecker operator must submit to the Florida Department of Highway Safety and Motor Vehicles (DHSMV): a copy of the notice of lien, a copy of the sale notice, and proof of National Motor Vehicle Title Information System (NMVTIS) checks, before DHSMV will approve a title transfer application. For standard lien sales under § 83.806, the owner issues a bill of sale; the buyer must then pursue title transfer separately through DHSMV.
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.
- 01
Day 0 — rent unpaid after the contractual due date
Rent becomes past due
The lien attaches from the date the personal property arrived at the facility (or from the date the tenant took possession of a self-contained unit). No action by the owner is required to establish the lien; it exists by operation of law.
Fla. Stat. § 83.805
- 02
Day 5 after rent due date
Access may be denied
The statute permits the owner, without prior notice, to deny the tenant access to the stored property once rent is at least 5 days overdue. The owner may act without judicial process provided no breach of the peace occurs, or may proceed by court action.
Fla. Stat. § 83.8055
- 03
No statutory deadline for when notice must be sent, but the 14-day demand clock does not start until notice is delivered
Written lien notice sent
The owner delivers written notice by personal delivery, email, or first-class mail with certificate of mailing (plus conspicuous posting at the facility). For email, if no delivery confirmation is received, a follow-up first-class mailing is required before proceeding with a sale. The owner must also notify any holder of a perfected UCC security interest that lists the tenant as debtor.
Fla. Stat. § 83.806(1)–(3); § 83.805
- 04
Days 1–14 after notice delivery (or longer if the notice specifies more time)
14-day cure period runs
The notice must demand payment within a period of not less than 14 days after delivery. The tenant may redeem the property at any point before the sale by paying all amounts owed plus reasonable enforcement expenses. Once paid in full, the owner must return the property and has no further liability.
Fla. Stat. § 83.806(2), (6)
- 05
After the 14-day cure period expires without payment
Advertisement begins
The owner must advertise the sale once a week for two consecutive weeks in a newspaper of general circulation in the area where the facility is located. Alternatively, the sale may be conducted on a public website that customarily conducts personal property auctions; no auctioneer license is required for online posting. If no newspaper of general circulation exists in the area, the advertisement must be posted for at least 10 days before the sale in at least three conspicuous places in the neighborhood.
Fla. Stat. § 83.806(4)
- 06
At least 15 days after the first publication of the advertisement
Sale conducted
The sale must conform to the terms stated in the advertisement and must be conducted in a commercially reasonable manner as that term is used in Fla. Stat. § 679.610 (Florida's UCC article on disposition of collateral). A good-faith purchaser takes the property free of the tenant's claims and other competing interests, even if the owner failed to comply strictly with notice requirements.
Fla. Stat. § 83.806(4)(b)(3), (5), (7)
- 07
Immediately after sale
Surplus proceeds held for tenant
After satisfying the lien (rent, labor, charges, and reasonable sale expenses) and any priority lien-holders, the owner holds any remaining balance for the tenant and must notify the tenant of the balance in person or by first-class mail. If the tenant does not claim the balance within 2 years after the sale date, the proceeds are deemed abandoned and the owner has no further obligation.
Fla. Stat. § 83.806(8)
Notice requirements
Permitted delivery
- Personal delivery to the tenant — Fla. Stat. § 83.806(1)
- Email, if an email address was provided in the rental agreement — Fla. Stat. § 83.806(1). If no delivery confirmation is received, the owner must also send first-class mail before proceeding.
- First-class mail with certificate of mailing to the tenant's last known address — Fla. Stat. § 83.806(1)
- Conspicuous posting at the facility or on the self-contained unit — Fla. Stat. § 83.806(1) (required in addition to one of the above methods)
- Delivery is presumed when deposited with USPS, properly addressed, with postage prepaid — Fla. Stat. § 83.806(3)
The notice must include
- Itemized statement of the owner's claim, showing the sum due and the date it became due — Fla. Stat. § 83.806(2)
- Description of the personal property, matching or reasonably similar to the description in the rental agreement — Fla. Stat. § 83.806(2)
- Demand for payment within a specified time not less than 14 days after delivery of the notice — Fla. Stat. § 83.806(2)
- Conspicuous statement that, unless the claim is paid within the stated time, the property will be advertised for sale or other disposition — Fla. Stat. § 83.806(2)
- Name, street address, and telephone number of the owner the tenant may contact — Fla. Stat. § 83.806(2)
Fla. Stat. § 83.806(1)–(3)
The part most guides skip
Vehicles, boats & RVs
Motor vehicles and watercraft (including boats and RVs) stored at a self-storage or self-contained unit facility reach a statutory fork at 60 days past due — counted from the maturity of the rent obligation, which for a typical month-to-month agreement is the missed due date. At that point the owner has two options: (1) run the standard lien-sale process under § 83.806, or (2) hand the vehicle to a licensed wrecker for towing. If the owner elects towing, liability for the vehicle transfers to the wrecker once it takes physical possession, and the owner faces no further exposure for damage or loss. The wrecker then takes over all notification and sale steps under Fla. Stat. § 713.78 (the towing-industry lien statute), which includes certified-mail notice to the registered owner and any lienholders within 5 business days of storage, and a sale window that opens 35 days after storage (older vehicles) or 57 days (newer vehicles). The § 713.78 path results in a DMV title transfer, not just a lien-sale bill of sale, which clears the title for titled vehicles. RVs registered as motor vehicles follow this path; travel trailers and fifth-wheels are titled as trailers, so confirm the disposal route with DHSMV before relying on it.
Titled property path
For the tow-out path, the wrecker operator must submit to the Florida Department of Highway Safety and Motor Vehicles (DHSMV): a copy of the notice of lien, a copy of the sale notice, and proof of National Motor Vehicle Title Information System (NMVTIS) checks, before DHSMV will approve a title transfer application. For standard lien sales under § 83.806, the owner issues a bill of sale; the buyer must then pursue title transfer separately through DHSMV.
Fla. Stat. § 83.806(10); Fla. Stat. § 713.78
Sale rules
- Method
- Sales must be conducted in a commercially reasonable manner as defined in Fla. Stat. § 679.610. A good-faith buyer takes free of competing claims even if the owner did not strictly comply with notice requirements (§ 83.806(7)). The rental agreement may specify a maximum declared value for the stored property; if so, that figure is treated as the maximum recoverable value (§ 83.806(9)).
- Advertising
- Primary method: once a week for two consecutive weeks in a newspaper of general circulation in the facility's area. Online alternative: sale may be listed on any public website that customarily conducts personal property auctions — no special license required. Rural fallback (no qualifying newspaper): post in at least three conspicuous places in the neighborhood for at least 10 days before the sale. The sale may not occur until at least 15 days after the first publication. Fla. Stat. § 83.806(4).
- Proceeds & surplus
- Remaining balance after satisfying the lien and all allowable expenses is held by the owner for the tenant. Owner must give notice of the balance. Tenant has 2 years to claim; unclaimed proceeds are deemed abandoned. Where a perfected UCC security interest exists, proceeds are distributed to lienholders before any surplus goes to the tenant. Fla. Stat. § 83.806(8).
Fla. Stat. § 83.806(4)–(9)
Late fees
Florida sets a statutory reasonableness floor, not a cap. Under Fla. Stat. § 83.808(3), a late fee of $20 or 20 percent of the monthly rent, whichever is greater, per period of non-payment is deemed reasonable and does not constitute a penalty. The fee amount and conditions must be specified in the rental agreement or an addendum. The owner may also charge reasonable fees for rent-collection expenses and lien-enforcement costs. There is no statutory maximum above the safe-harbor amount, but fees above it carry the risk of being challenged as a penalty.
Fla. Stat. § 83.808(3)
Operator questions
I store boats and RVs outdoors. Does the Self-storage Facility Act cover my lot?
The statute defines a "self-service storage facility" as real property where individual storage spaces are rented for storing and removing personal property. The statute does not expressly limit coverage to enclosed units; outdoor lots used for boat and RV storage are generally treated as covered facilities. The specific vehicle/watercraft provision at § 83.806(10) applies regardless of whether the vehicle is inside a unit or parked outdoors. If you run a pure outdoor lot, it is worth having counsel confirm coverage once — the statutory definition is broad, but no appellate case squarely addresses an open lot with no enclosed units.
How long before I can act on an unpaid boat or RV stored on my lot?
The statute permits access denial after 5 days of non-payment (§ 83.8055). The lien-sale or tow-out option for motor vehicles and watercraft opens at 60 days after the maturity of the rent obligation (§ 83.806(10)). Between day 5 and day 60, the owner can lock out the tenant but cannot sell or tow the vehicle. The standard lien-sale timeline (notice + 14-day cure + 2-week ad + 15-day post-ad wait) must also be completed before a sale proceeds.
Can I just call a tow truck instead of running a lien sale for an abandoned boat?
Yes, if rent and other charges have been unpaid for 60 days past the maturity date of the obligation, § 83.806(10) allows the owner to have the motor vehicle or watercraft towed without running a lien sale. Once the wrecker takes possession, the owner is released from liability for the vehicle. The wrecker then handles all required notices and any sale or title transfer under § 713.78.
Can I send the lien notice by email?
Yes. § 83.806(1) permits delivery by personal service, email, or first-class mail with certificate of mailing. However, if the email is sent without receiving delivery confirmation, the owner must also send a first-class mailing before proceeding with the sale. Posting at the facility or on the unit is required in addition to whichever primary method is used.
Do I have to run a newspaper ad, or can I sell online?
Either option satisfies the advertising requirement under § 83.806(4). The owner may advertise in a newspaper of general circulation (once a week for two consecutive weeks), or conduct the sale on a public website that customarily holds personal property auctions, with no auctioneer license required. The sale must still occur at least 15 days after the first publication or posting.
Is there a cap on late fees?
Florida does not impose a hard cap, but § 83.808(3) creates a safe harbor: a fee of $20 or 20 percent of monthly rent, whichever is greater, per period of non-payment, is presumed reasonable. Fees above the safe-harbor amount are not prohibited but are exposed to challenge as an unlawful penalty. The fee amount and conditions must be specified in the rental agreement or a signed addendum.
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