Storage lien laws · State guide
Kansas storage lien laws
Kansas Statutes Annotated, Self-Service Storage Act (K.S.A. 58-813 through 58-818, and 58-816a) →Verified 2026-06-11
Kansas's Self-Service Storage Act (K.S.A. 58-813 to 58-818, 58-816a; last amended 2024) gives an operator a lien on stored personal property at the moment of storage — covering rent, labor, other charges, and reasonable sale expenses. No enforcement sale may occur until default exceeds 45 days. The operator sends a first notice by mail and email, then a second notice at least 7 days later demanding payment within 10 days. If unpaid, the operator advertises the sale at least 7 days in advance and conducts a public or private sale online or in person. A sale is canceled if fewer than 3 independent bidders participate. Surplus is held one year, then remitted to the state treasurer as abandoned property. For motor vehicles, watercraft, and trailers, a towing alternative is available after 60 days of default only if the local city or county has enacted an authorizing ordinance; towing extinguishes the lien. Late fees are capped at the greater of $20/month or 20% of monthly rent.
At a glance
KS · verified 2026-06-11- Statute
- Kansas Statutes Annotated, Self-Service Storage Act (K.S.A. 58-813 through 58-818, and 58-816a)
- Notice delivery
- First-class mail to the occupant's last known address — deemed delivered upon deposit with the postal service (K.S.A. 58-817(b)(1), (h)) · Electronic mail to the occupant's last known email address, if the occupant has provided one to the operator (K.S.A. 58-817(b)(1)). No affirmative written consent is required for this email notice — providing the address is sufficient. K.S.A. 58-816(f) governs electronic delivery of the rental agreement itself, not the default notice.
- Sale method
- A public or private sale conducted online or in person, for cash, as individual units or parcels, at any time or place that is commercially reasonable. If fewer than 3 independent bidders attend in person or view the sale online, the sale must be canceled, rescheduled, and readvertised. Property with no commercial value — defined as property offered in a commercially reasonable sale that receives no bid — may be disposed of without a sale. A good-faith purchaser takes free and clear of all prior claims (K.S.A. 58-817(a)(1), (b)(3), (e); K.S.A. 58-814(i)).
- Late fees
- The statute caps late fees at the greater of $20 per month or 20% of the monthly rental amount for each month rent goes unpaid. An operator may charge more but bears the burden of proving the higher amount is reasonable. The fee must be stated in the rental agreement — it cannot be collected otherwise. Late fees are expressly defined as neither interest nor a reasonable lien-enforcement expense; they are a separate contractual charge. The operator may also recover reasonable rent-collection and lien-enforcement expenses in addition to any late fees.
- Vehicles & boats
- K.S.A. 58-817 creates no special DMV title-transfer mechanism for property sold at lien sale. A good-faith purchaser takes free and clear of the occupant's rights and other lienholders' claims (K.S.A. 58-817(e)), but the Act is silent on how the buyer obtains a new certificate of title. The buyer must pursue title through normal Kansas DMV procedures using the sale documentation as evidence. Whether the Kansas Title Act (K.S.A. 8-135 et seq.) provides a specific storage-lien pathway has not been confirmed from primary text — consult Kansas counsel. For property towed under K.S.A. 58-817(a)(3), the operator's lien is extinguished at towing; post-tow title or disposal is governed by law applicable to the towing company, not the Self-Service Storage Act.
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 — personal property arrives at the leased space
Lien attaches
The statute requires that the operator's lien attaches on all personal property stored within the leased space from the moment of storage. The lien covers rent, labor, other charges, and all expenses reasonably incurred in a sale. No default or demand is needed for the lien to exist — it arises automatically with possession. Exclusive care, custody, and control remains with the occupant until a sale or tow occurs.
K.S.A. 58-816(a); K.S.A. 58-818
- 02
Days 1–45 of continuous default
Default period — no enforcement sale yet
The statute permits the operator to deny the occupant access to the leased space during a default period under K.S.A. 58-817(g), but no lien sale may be enforced until the occupant has been in default for more than 45 days. The rental agreement governs when default begins. The operator may send the first notice at any point during this window, but the sale process cannot complete within the first 45 days.
K.S.A. 58-817(a)(1), (g)
- 03
Any time after default begins — typically early in the default period
Send first default notice
The statute requires the operator to notify the occupant of the default by first-class mail to the occupant's last known address and by electronic mail if the occupant provided an email address. This first notice does not include a content list beyond notifying of the default — its purpose is to inform the occupant that they are in default and trigger the clock for the second, formal enforcement notice. Notice sent to the last known address is deemed delivered upon deposit with the postal service.
K.S.A. 58-817(b)(1), (h)
- 04
Not less than 7 days after the first notice
Send second (enforcement) notice
The statute requires a second written notice sent not less than 7 days after the first. This notice must state: (1) that the contents of the leased space are subject to the operator's lien; (2) the charges due as of the notice date, the amount of any additional charges that will become due before the date of release for sale, and when those additional charges become due; (3) a demand for payment within a specified time of not less than 10 days after the notice date; (4) a warning that property will be sold or, if a motor vehicle, watercraft, or trailer, may be towed after the specified date; and (5) the operator's name, street address, and telephone number. This notice must also be sent by first-class mail and, if applicable, email.
K.S.A. 58-817(b)(2)
- 05
At least 7 days before the scheduled sale date, after the cure period in the second notice expires
Advertise the sale
If the occupant does not pay within the cure period stated in the second notice, the statute requires the operator to advertise the sale at least 7 days before it occurs. Advertising may be in the classified section of a newspaper of general circulation in the jurisdiction where the sale is to be held, or by any other commercially reasonable manner. If the operator uses online advertising, it must still be commercially reasonable.
K.S.A. 58-817(b)(3)
- 06
At least 7 days after advertising; and more than 45 days after default began
Conduct sale — 3-bidder minimum
The statute permits the operator to enforce the lien by selling the property for cash through public or private proceedings, conducted online or in person, as individual units or parcels, at any time or place that is commercially reasonable. If fewer than 3 independent bidders attend the sale in person or view the sale online, the statute requires the sale to be canceled, rescheduled, and readvertised before it can proceed. Property that receives no bid and has no commercial value may be disposed of by the operator. A good-faith purchaser takes the property free and clear of the occupant's rights and all other lienholders' claims.
K.S.A. 58-817(a)(1), (b)(3), (e)
- 07
Immediately after the sale
Apply proceeds and hold surplus
The statute requires the operator to apply sale proceeds to satisfy the lien. Any remaining balance must be held for delivery on demand to the occupant or any other recorded lienholders for one year after the operator receives the proceeds. After one year, any unclaimed surplus is treated as abandoned property and must be reported and paid to the Kansas state treasurer under the disposition of unclaimed property act. The operator's liability is limited to the net proceeds actually received from the sale.
K.S.A. 58-817(a)(2), (d), (f)
Notice requirements
Permitted delivery
- First-class mail to the occupant's last known address — deemed delivered upon deposit with the postal service (K.S.A. 58-817(b)(1), (h))
- Electronic mail to the occupant's last known email address, if the occupant has provided one to the operator (K.S.A. 58-817(b)(1)). No affirmative written consent is required for this email notice — providing the address is sufficient. K.S.A. 58-816(f) governs electronic delivery of the rental agreement itself, not the default notice.
The notice must include
- NOTE — these contents are required in the SECOND (enforcement) notice under 58-817(b)(2). The first notice under 58-817(b)(1) notifies of default by mail and email only; no specific content list is prescribed for it.
- A statement that the contents of the occupant's leased space are subject to the operator's lien (K.S.A. 58-817(b)(2)(A))
- A statement of the operator's claim, indicating the charges due on the date of the notice, the amount of any additional charges that will become due before the date of release for sale, and the date those additional charges shall become due (K.S.A. 58-817(b)(2)(B))
- A demand for payment of the charges due within a specified time of not less than 10 days after the date of the notice (K.S.A. 58-817(b)(2)(C))
- A statement that unless the claim is paid within the time stated, the contents of the occupant's space will be sold or, if the contents is a motor vehicle, watercraft or trailer, may be towed after a specified time (K.S.A. 58-817(b)(2)(D))
- The name, street address, and telephone number of the operator, or a designated agent whom the occupant may contact to respond to the notice (K.S.A. 58-817(b)(2)(E))
K.S.A. 58-817(b)
The part most guides skip
Vehicles, boats & RVs
Kansas provides a towing alternative specifically for motor vehicles, watercraft, and trailers after 60 days of default — 15 days longer than the general 45-day threshold for a lien sale. The statute structures the towing authority in two separate conditions. First, towing is only permitted at all if a city ordinance or county resolution of the jurisdiction where the facility is located authorizes the towing of vehicles by a wrecker or towing service (K.S.A. 58-817(a)(3), referencing K.S.A. 8-1103). If the local jurisdiction has not enacted such an ordinance or resolution, the towing path is unavailable regardless of how long the default runs. Second, the operator is shielded from liability for damages after the towing service takes possession only if that towing service holds a certificate of public service from the state corporation commission (K.S.A. 66-1330). The operator's lien on the motor vehicle, watercraft, or trailer is extinguished the moment it is towed — the operator cannot tow and then also pursue a lien sale for the same property. For lien-sale purposes, motor vehicles, watercraft, and trailers are treated as ordinary personal property and subject to all standard notice, advertising, and 3-bidder requirements of K.S.A. 58-817.
Titled property path
K.S.A. 58-817 creates no special DMV title-transfer mechanism for property sold at lien sale. A good-faith purchaser takes free and clear of the occupant's rights and other lienholders' claims (K.S.A. 58-817(e)), but the Act is silent on how the buyer obtains a new certificate of title. The buyer must pursue title through normal Kansas DMV procedures using the sale documentation as evidence. Whether the Kansas Title Act (K.S.A. 8-135 et seq.) provides a specific storage-lien pathway has not been confirmed from primary text — consult Kansas counsel. For property towed under K.S.A. 58-817(a)(3), the operator's lien is extinguished at towing; post-tow title or disposal is governed by law applicable to the towing company, not the Self-Service Storage Act.
K.S.A. 58-817(a)(3), (e); K.S.A. 58-814(h)
Sale rules
- Method
- A public or private sale conducted online or in person, for cash, as individual units or parcels, at any time or place that is commercially reasonable. If fewer than 3 independent bidders attend in person or view the sale online, the sale must be canceled, rescheduled, and readvertised. Property with no commercial value — defined as property offered in a commercially reasonable sale that receives no bid — may be disposed of without a sale. A good-faith purchaser takes free and clear of all prior claims (K.S.A. 58-817(a)(1), (b)(3), (e); K.S.A. 58-814(i)).
- Advertising
- The operator must advertise the sale at least 7 days before it occurs. Advertising may appear in the classified section of a newspaper of general circulation in the jurisdiction where the sale is to be held, or by any other commercially reasonable method. Online advertising or posting on storage auction websites is permitted as a commercially reasonable alternative, but must meet the 7-day lead time (K.S.A. 58-817(b)(3)).
- Proceeds & surplus
- Sale proceeds are first applied to satisfy the operator's lien (rent, charges, and reasonable enforcement expenses). Any surplus is held for one year after the operator receives the proceeds. During that year, the occupant or any other recorded lienholder may claim the surplus. After one year, unclaimed surplus is remitted to the Kansas state treasurer as abandoned property under the disposition of unclaimed property act. The operator's liability does not exceed the net sale proceeds received (K.S.A. 58-817(a)(2), (d), (f)).
K.S.A. 58-817(a), (b)(3), (d)–(f)
Late fees
The statute caps late fees at the greater of $20 per month or 20% of the monthly rental amount for each month rent goes unpaid. An operator may charge more but bears the burden of proving the higher amount is reasonable. The fee must be stated in the rental agreement — it cannot be collected otherwise. Late fees are expressly defined as neither interest nor a reasonable lien-enforcement expense; they are a separate contractual charge. The operator may also recover reasonable rent-collection and lien-enforcement expenses in addition to any late fees.
K.S.A. 58-816a(a)–(c); K.S.A. 58-814(d)
Operator questions
A tenant's RV has been unpaid for 55 days. Can I tow it?
Not yet, and you need to check two things before you can. The statute requires the occupant to be in default for more than 60 days before you may tow a motor vehicle, watercraft, or trailer. At 55 days you are still 5 days short. Additionally, the towing alternative is only available if your city or county has enacted an ordinance or resolution authorizing it, and the towing company must hold state corporation commission certification. If your jurisdiction has not passed that enabling ordinance, the towing path is unavailable entirely and you must use the standard lien-sale process regardless of how long the default runs.
My jurisdiction has no towing ordinance. Can I still sell the boat at a lien sale?
Yes. The towing alternative is an optional path that requires a local ordinance, but the standard lien-sale process under K.S.A. 58-817(a)(1) applies to motor vehicles, watercraft, and trailers the same as to any other personal property. After 45 days of default, follow the two-notice sequence, advertise at least 7 days before the sale, and conduct a commercially reasonable sale with at least 3 independent bidders. If fewer than 3 bidders show up or attend online, you must cancel, reschedule, and readvertise before proceeding.
How does the two-notice requirement work, and what is the minimum time before I can sell?
The statute requires two separate notices. The first notice goes out by first-class mail and email (if you have the occupant's email) as soon as you want to begin enforcement — it simply notifies the occupant of default. At least 7 days later, you send the second notice with the full itemized claim, a payment demand giving the occupant not less than 10 days to pay, and a sale warning. After that 10-day cure period expires unpaid, you advertise the sale at least 7 days before it occurs. The statutory minimum from first notice to earliest possible sale date is roughly 24 days (7-day gap + 10-day cure + 7-day ad), but the sale cannot close until the occupant has been in default for more than 45 days total.
Only 2 bidders showed up to my online auction. What do I do?
Cancel the sale. The statute is explicit: if fewer than 3 independent bidders attend the sale in person or view the sale online, the sale must be canceled, rescheduled, and readvertised before it can take place. You cannot sell with only 2 participants. After canceling, run the advertising process again with a new sale date at least 7 days out.
The sale surplus has been sitting in my account for 14 months. Can I keep it?
No. The statute requires you to hold surplus proceeds for one year after you receive them, available to the occupant or any other recorded lienholder on demand. After one year without a claim, the unclaimed balance becomes abandoned property and must be reported and paid to the Kansas state treasurer under the disposition of unclaimed property act. You cannot retain it.
How much can I charge in late fees, and does the late fee become part of the lien?
The statute caps late fees at the greater of $20 per month or 20% of the monthly rental amount — whichever is higher — for each month rent goes unpaid. You can charge more only if you can prove the higher amount is reasonable. The fee must be stated in your rental agreement or you cannot collect it. Note that the statute expressly defines a late fee as neither interest nor a lien-enforcement expense — it is a separate contractual charge. The lien itself covers rent, labor, other charges, and reasonable enforcement expenses; make sure your rental agreement properly incorporates the late fee so it is collectible alongside the lien.
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