Storage lien laws · State guide
Idaho storage lien laws
Idaho Code, Title 55, Chapter 23 — Self-Service Storage Facilities →Verified 2026-06-11
Idaho gives storage operators a lien on all personal property for unpaid rent, labor, fees, and enforcement costs (§ 55-2305). Enforcement requires 60 days of continuous default before a sale. The operator sends one lien-sale notice — by certified mail or per the rental agreement — giving the lessee at least 10 days to pay. No newspaper advertising is required for non-titled property; Idaho permits online auction platforms, on-site, or off-site sales (§ 55-2306). For motor vehicles and trailers, the operator may run a lien sale under § 55-2306 (requiring § 45-805 compliance, which adds a newspaper or posted-notice step) or have the vehicle towed after a 60-day default and a 10-day cure notice (§ 55-2308, amended 2025 Ch. 181). Watercraft follow the § 55-2306 path; the § 45-805 newspaper requirement does not apply to boats. Late fees are capped at a safe harbor of $20 or 20% of monthly rent, whichever is greater, and must be disclosed in the rental agreement (§ 55-2304(7)).
At a glance
ID · verified 2026-06-11- Statute
- Idaho Code, Title 55, Chapter 23 — Self-Service Storage Facilities
- Notice delivery
- Certified mail to the lessee's last known address — the default method when the rental agreement specifies no alternative delivery method (Idaho Code § 55-2306(2); § 55-2304(3)) · Any delivery method expressly authorized by the signed rental agreement — the statute uses the phrase "as provided for in the rental agreement" and does not specifically name email or electronic delivery; whether a rental agreement can validly authorize email notice under the current chapter has not been resolved by Idaho courts or statute, so operators relying on email should confirm the rental agreement explicitly names it and should retain documentary proof of transmission (Idaho Code § 55-2306(2); § 55-2304(6)) · For lessee notice under the § 55-2308 vehicle/trailer towing path: same delivery methods as above — as provided for in the rental agreement or certified mail (Idaho Code § 55-2308(1)) · For lienholder notice under the § 55-2308 towing path: United States mail with certificate of mailing — a lesser standard than certified mail, applicable only to the lienholder copy of the towing cure notice (Idaho Code § 55-2308(2))
- Sale method
- The operator may sell personal property at a public sale at the facility, at another location, or on a publicly accessible website that regularly offers personal property for auction or sale. Property may be sold as a unit or in parcels. No auctioneer's license is required. The sale must occur after the cure period in the lien notice has expired without payment. For titled motor vehicles, the operator must comply with § 45-805 when conducting a lien sale rather than using the § 55-2308 towing path (Idaho Code § 55-2306(4); § 55-2306(7); § 55-2301(9)).
- Late fees
- The statute sets a specific safe-harbor amount: a late fee of $20 or 20% of the monthly rental amount — whichever is greater — is presumed reasonable and is not a penalty (Idaho Code § 55-2304(7)). The fee must be disclosed in the rental agreement, which must conspicuously state the late fee amounts and the conditions under which they are imposed (§ 55-2304(2)). The statute does not prohibit a higher fee if the operator can demonstrate it is reasonable, but the $20/20% figure provides a safe harbor. The chapter does not cap the number of late fees that may accrue. Late fees form part of the lien amount the operator may recover through enforcement.
- Vehicles & boats
- Motor vehicles and trailers require compliance with Idaho Code § 45-805 for any operator-conducted lien sale. § 45-805(a) requires: (1) 10 days' public notice by newspaper in the county, or posting in three of the most public places for 10 days if no newspaper exists; (2) certified or registered mail notice to the owner and every perfected security-interest holder; and (3) sale at public auction. § 45-805(a) carves out motor vehicles subject to Title 49 Ch. 18; storage operators reach § 45-805 through the express cross-references in § 55-2306(4) and § 55-2308(4), which govern that carve-out in the storage lien context. A buyer takes the vehicle free of the storage lien but must pursue title transfer separately through the Idaho Transportation Department — Chapter 23 creates no DMV title-transfer mechanism. If using the § 55-2308 tow-away path, the towing company handles disposition under Title 49 Ch. 17 or 18 and the title process is governed by those statutes.
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 — any rent, fee, or charge is unpaid past the due date
Lien attaches — access may be denied
The operator's lien attaches automatically to all personal property in the leased space from the moment it is placed there. The lien covers rent, labor, fees, and reasonable costs of enforcement (§ 55-2305). The rental agreement must conspicuously disclose the lien's existence, the possibility of a sale for default, the lack of automatic insurance, the late fee schedule, and the notice delivery method (§ 55-2304(2)). The operator may deny the lessee access to the space by overlocking or other means as soon as rent or other charges are delinquent and unpaid (§ 55-2309(1)).
Idaho Code § 55-2305; § 55-2304(2); § 55-2309
- 02
Day 60 — lessee has been in default continuously for 60 days
Continuous default reaches 60 days
The statute does not permit a lien sale or vehicle towing before the lessee has been in continuous default for 60 days (§ 55-2306(1); § 55-2308(1)). "Default" means failure to perform any obligation under the rental agreement on time, including payment of rent or late fees (§ 55-2301(1)). The operator should document the full 60-day default period. At this point the operator may send the lien-sale notice (for all personal property) or the towing cure notice (for vehicles and trailers specifically).
Idaho Code § 55-2306(1); § 55-2308(1); § 55-2301(1)
- 03
On or after Day 60 of continuous default — before any sale
Send lien-sale notice
The operator sends one lien-sale notice by certified mail (or per the rental agreement) to the lessee's last known address. Required contents: (a) lien claimant's name, address, phone; (b) itemized amount owed and due date; (c) demand for payment within at least 10 days; (d) statement that property will be sold at a specified time and place if unpaid; (e) brief description of goods; (f) notice that access has been or may be denied until satisfied. Security interest holders must be identified — the operator discloses names and addresses provided by the lessee (§ 55-2306(4)). Notices sent per the rental agreement or certified mail are constructive and conclusive notice (§ 55-2304(6)).
Idaho Code § 55-2306(2); § 55-2306(4); § 55-2304(3); § 55-2304(6)
- 04
At least 10 days after the lien-sale notice is sent
Redemption period — lessee may pay to stop the sale
Until the sale occurs, the lessee or any other person may pay the full amount necessary to satisfy the lien — including documented enforcement costs — and retrieve the property. The redemption window closes at the moment of sale. The operator must not sell the property before the 10-day demand period stated in the notice has expired (§ 55-2306(3)).
Idaho Code § 55-2306(3)
- 05
After the 10-day cure period in the notice has passed and no payment received
Conduct lien sale
The operator may sell the property publicly at the self-service storage facility, at another location, or on a publicly accessible website that regularly offers personal property for auction or sale. The operator does not need an auctioneer's license. Property may be sold as a unit or in parcels. The statute contains no newspaper advertising requirement for non-titled personal property — the lien-sale notice to the lessee satisfies the pre-sale notification obligation. For titled motor vehicles sold via lien sale (rather than towing), the operator must comply with § 45-805, which adds a newspaper-publication or posted-notice requirement not applicable to ordinary goods. A good-faith purchaser at the sale takes property free of any claims the lessee or secured parties had before the sale (§ 55-2306(8)).
Idaho Code § 55-2306(4); § 55-2306(7); § 55-2306(8); § 45-805
- 06
Immediately after the sale
Apply proceeds and handle surplus
Sale proceeds are applied first to the lien amount (rent, fees, and documented enforcement costs). Any surplus after satisfying the lien must be paid over to the lessee or to any other person the lessee has authorized in writing to claim the balance (§ 55-2306(5)). Chapter 23 is silent on a deadline for claiming surplus or any transfer to the state. Idaho's Revised Unclaimed Property Act (Title 14, Chapter 5) applies generally to money held by businesses; operators should consult the Idaho State Treasurer's unclaimed-property program to determine whether undeliverable surplus must be reported and remitted after the applicable dormancy period.
Idaho Code § 55-2306(5)
Notice requirements
Permitted delivery
- Certified mail to the lessee's last known address — the default method when the rental agreement specifies no alternative delivery method (Idaho Code § 55-2306(2); § 55-2304(3))
- Any delivery method expressly authorized by the signed rental agreement — the statute uses the phrase "as provided for in the rental agreement" and does not specifically name email or electronic delivery; whether a rental agreement can validly authorize email notice under the current chapter has not been resolved by Idaho courts or statute, so operators relying on email should confirm the rental agreement explicitly names it and should retain documentary proof of transmission (Idaho Code § 55-2306(2); § 55-2304(6))
- For lessee notice under the § 55-2308 vehicle/trailer towing path: same delivery methods as above — as provided for in the rental agreement or certified mail (Idaho Code § 55-2308(1))
- For lienholder notice under the § 55-2308 towing path: United States mail with certificate of mailing — a lesser standard than certified mail, applicable only to the lienholder copy of the towing cure notice (Idaho Code § 55-2308(2))
The notice must include
- Name, address, and telephone number of the person claiming the lien (Idaho Code § 55-2306(2)(a))
- Itemized statement of the lien claim showing the sum due and the date when it became due (Idaho Code § 55-2306(2)(b))
- Demand for payment within a time specified — no less than 10 days after the notice is sent (Idaho Code § 55-2306(2)(c))
- Statement that unless the claim is paid within the time stated, personal property will be sold at a specified time and place (Idaho Code § 55-2306(2)(d))
- Brief and general description of the goods subject to the lien (Idaho Code § 55-2306(2)(e))
- Notification that the operator has denied or may deny access to the personal property until the lien is satisfied (Idaho Code § 55-2306(2)(f))
Idaho Code § 55-2306(2); § 55-2304(3); § 55-2304(6)
The part most guides skip
Vehicles, boats & RVs
Idaho provides two paths for motor vehicles and trailers in default 60+ days. Path 1 — Lien sale (§ 55-2306): Follow the standard enforcement process, but for titled vehicles also comply with § 45-805: (a) 10 days' public notice by newspaper in the county, or posting in three of the most public places if no newspaper exists; (b) certified or registered mail notice to the owner and all perfected security-interest holders; (c) public auction sale. Note: § 45-805(a) states it does not apply to motor vehicles subject to Title 49 Chapter 18; the storage lien statutes (§ 55-2306(4), § 55-2308(4)) expressly invoke § 45-805 for operator-conducted sales, so the newspaper requirement applies to that path. Path 2 — Tow-away (§ 55-2308, added 2020, last amended 2025 by S1126, Ch. 181): The operator may have the vehicle towed by an independent company. Pre-tow: send the lessee a written cure notice by rental agreement method or certified mail at least 10 days before towing, naming the towing company; send a copy to any lienholder by U.S. mail with certificate of mailing at least 10 days before towing. Once the towing company takes possession the operator has no further liability. If the operator elects a lien sale, it must comply with § 45-805; if the towing company sells, it follows Title 49 Ch. 17 or 18. WATERCRAFT/BOATS: § 55-2308 does not cover watercraft. § 49-123 defines "vehicle" as a device transported on a highway — boats are excluded. § 55-2301 expressly includes watercraft in personal property, so boats follow the standard § 55-2306 path without any § 45-805 newspaper requirement. Confirm with an Idaho attorney whether a boat buyer needs additional steps under vessel title law (Title 67).
Titled property path
Motor vehicles and trailers require compliance with Idaho Code § 45-805 for any operator-conducted lien sale. § 45-805(a) requires: (1) 10 days' public notice by newspaper in the county, or posting in three of the most public places for 10 days if no newspaper exists; (2) certified or registered mail notice to the owner and every perfected security-interest holder; and (3) sale at public auction. § 45-805(a) carves out motor vehicles subject to Title 49 Ch. 18; storage operators reach § 45-805 through the express cross-references in § 55-2306(4) and § 55-2308(4), which govern that carve-out in the storage lien context. A buyer takes the vehicle free of the storage lien but must pursue title transfer separately through the Idaho Transportation Department — Chapter 23 creates no DMV title-transfer mechanism. If using the § 55-2308 tow-away path, the towing company handles disposition under Title 49 Ch. 17 or 18 and the title process is governed by those statutes.
Idaho Code § 55-2301; § 55-2301(9); § 55-2306(4); § 55-2308; § 45-805; § 49-123
Sale rules
- Method
- The operator may sell personal property at a public sale at the facility, at another location, or on a publicly accessible website that regularly offers personal property for auction or sale. Property may be sold as a unit or in parcels. No auctioneer's license is required. The sale must occur after the cure period in the lien notice has expired without payment. For titled motor vehicles, the operator must comply with § 45-805 when conducting a lien sale rather than using the § 55-2308 towing path (Idaho Code § 55-2306(4); § 55-2306(7); § 55-2301(9)).
- Advertising
- Chapter 23 imposes no newspaper or third-party advertising requirement for non-titled personal property. Sending the lien-sale notice to the lessee fully satisfies the pre-sale notification obligation (§ 55-2306(2)). Online auction platform listings fulfill the sale method requirement under § 55-2306(7) but are not mandatory advertising. For titled motor vehicles sold via lien sale, § 45-805 requires 10 days' public notice by newspaper in the county, or posting notices in three of the most public places in the county for 10 days if no newspaper is published there. This requirement is triggered by the § 55-2306(4) cross-reference and does not apply to non-titled goods or boats.
- Proceeds & surplus
- After the sale, proceeds are applied to the lien (unpaid rent, labor, fees, and reasonable enforcement costs). Any surplus remaining after full satisfaction of the lien must be paid to the lessee or to another person the lessee has authorized in writing to receive it (§ 55-2306(5)). Chapter 23 does not establish a holding period or a mandatory transfer to the state's unclaimed property fund. Idaho's Revised Unclaimed Property Act (Title 14, Chapter 5) applies broadly to money held by business entities; operators should consult the Idaho State Treasurer's unclaimed-property program regarding whether undeliverable surplus must be reported and remitted after the applicable dormancy period.
Idaho Code § 55-2306(4); § 55-2306(5); § 55-2306(7); § 55-2306(8); § 45-805
Late fees
The statute sets a specific safe-harbor amount: a late fee of $20 or 20% of the monthly rental amount — whichever is greater — is presumed reasonable and is not a penalty (Idaho Code § 55-2304(7)). The fee must be disclosed in the rental agreement, which must conspicuously state the late fee amounts and the conditions under which they are imposed (§ 55-2304(2)). The statute does not prohibit a higher fee if the operator can demonstrate it is reasonable, but the $20/20% figure provides a safe harbor. The chapter does not cap the number of late fees that may accrue. Late fees form part of the lien amount the operator may recover through enforcement.
Idaho Code § 55-2304(2); § 55-2304(7)
Operator questions
My tenant's boat has been in my outdoor lot unpaid for 65 days. Can I tow it or do I need a lien sale?
You need a standard lien sale — the tow-away path under § 55-2308 applies only to "vehicles" and "trailers" as defined by reference to Idaho Code § 49-123 and § 49-121, which use a highway-use definition that excludes watercraft. Boats are personal property under § 55-2301 but are not "vehicles" under Idaho motor vehicle law. Send the § 55-2306 lien-sale notice (certified mail or per your rental agreement), give the tenant at least 10 days to pay, then sell via online auction, on-site, or off-site. You do not need to comply with § 45-805's newspaper-publication or posted-notice requirement for a boat — that cross-reference in § 55-2306(4) applies only to titled motor vehicles. Confirm with an Idaho attorney whether the buyer will need additional steps to re-register the boat under Idaho vessel title law (Title 67).
My tenant's RV has been unpaid for 62 days. Can I tow it instead of holding a lien sale?
Yes. Under § 55-2308, once a lessee has been in continuous default for 60 or more days and the stored property is a vehicle or trailer, you may choose the tow-away path. Before towing you must send a written cure notice — by your rental agreement's delivery method or certified mail — giving the tenant at least 10 days to pay, warning that the vehicle may be towed, and naming the towing company with its address and phone number. You must also send a copy of that notice to any lienholder listed in the rental agreement by U.S. mail with certificate of mailing at least 10 days before towing. Once the towing company takes possession your liability ends. If you then choose to conduct a lien sale yourself, you must comply with § 45-805; if the towing company sells the vehicle, it must follow Title 49 Chapter 17 or 18 procedures.
Do I need to publish a newspaper ad before selling stored personal property?
Not for non-titled personal property. Idaho Code § 55-2306 requires no newspaper or other third-party advertising for a standard lien sale. Your pre-sale obligation is satisfied by sending the lien-sale notice to the lessee. However, if the stored property is a titled motor vehicle and you elect the lien-sale path (rather than towing), you must comply with § 45-805, which requires 10 days' public notice by newspaper in the county or by posting notices in three of the most public places in the county if no newspaper is published there. For boats and household goods — no newspaper required.
How much notice must I give a delinquent tenant before holding the sale?
Two requirements must both be met: (1) the lessee must have been in continuous default for at least 60 days, and (2) the lien-sale notice must give the lessee a cure period of at least 10 days. The 10-day period runs from when the notice is sent, not when it is received. § 55-2304(6) provides that notices sent by certified mail or per the rental agreement constitute conclusive constructive notice, so the 10-day clock starts on the mailing date.
What late fee can I charge, and does it need to be in the rental agreement?
The statute provides a safe harbor: a late fee of $20 or 20% of monthly rent — whichever is greater — is presumed reasonable (§ 55-2304(7)). It must be disclosed in the rental agreement; § 55-2304(2) requires the agreement to conspicuously state late fee amounts and the conditions triggering them. A fee within the safe harbor is not a penalty and is recoverable as part of the lien. A higher fee may be permissible if you can show it is reasonable, but you lose the statutory presumption.
The tenant's truck has a bank lien on the title. What extra steps do I need to take?
When a lessee's stored motor vehicle has a perfected security interest (e.g., a bank loan), you must identify the lienholder's name and address as provided by the lessee in the rental agreement and disclose that information before the sale (§ 55-2306(4)). If you choose the lien-sale path for the vehicle, you must comply with § 45-805, which requires sending notice by certified or registered mail to the holder of any perfected security interest. If you choose the § 55-2308 tow-away path, you must send the cure notice to the lienholder by U.S. mail with certificate of mailing at least 10 days before towing. In either case, your storage lien is subordinate to a prior perfected security interest — the bank's lien will likely need to be satisfied or negotiated before a clean title can be conveyed to a buyer.
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