Storage lien laws · State guide
Massachusetts storage lien laws
Massachusetts General Laws Chapter 105A (Self-Service Storage Facilities) →Verified 2026-06-11
M.G.L. c. 105A gives a storage operator a lien on all stored property for unpaid rent and charges from the moment property is stored. After 5 days of default the operator may deny access. Two sequential notices are required: first by regular or electronic mail no sooner than day 5 after default; second by verified mail, electronic mail, or hand delivery no sooner than day 14 after default, triggering a 14-day cure period. If unpaid, the operator advertises once a week for two consecutive weeks and holds the sale at least 15 days after first publication — at the facility, nearby, or on a publicly accessible website. "Vehicle" (§ 1) includes motor vehicles, motorcycles, watercraft, trailers, semi-trailers, recreational vehicles, ATVs, and any other titled vehicle. Vehicles unpaid for 60 days past maturity of the rent obligation may alternatively be towed by an insured tower. Late fees are capped at the greater of $20/month or 20% of monthly rent.
At a glance
MA · verified 2026-06-11- Statute
- Massachusetts General Laws Chapter 105A (Self-Service Storage Facilities)
- Notice delivery
- Regular mail (first-class) to the occupant's last known address — M.G.L. c. 105A, § 4 (first notice); § 6 · Electronic mail to the occupant's last known email address, if an email address was provided; deemed delivered when an electronic delivery receipt is obtained — M.G.L. c. 105A, § 4; § 6 · Verified mail (USPS or private carrier providing evidence of mailing) — M.G.L. c. 105A, § 4 (second notice); § 6 · Hand delivery to the occupant — M.G.L. c. 105A, § 4 (second notice only) · Postal mail deemed delivered when deposited with USPS, properly addressed, with postage paid — M.G.L. c. 105A, § 6
- Sale method
- The sale is by public auction held at the self-service storage facility, at the nearest suitable place, or on a publicly accessible website. A buyer in good faith takes free of the occupant's claims. The operator is liable for damages for non-compliance and for conversion on willful violation.
- Late fees
- The statute authorizes a reasonable late fee for each month the occupant does not pay rent when due. A late fee is deemed reasonable if it is the greater of $20 per month or 20 percent of the monthly rent. The fee amount and conditions must be specified in the rental agreement. Late fees are in addition to any other contractual or legal remedy available to the operator.
- Vehicles & boats
- Chapter 105A, § 4 authorizes towing by an insured tower at 60 days past the maturity of the rent obligation but is silent on post-tow title transfer. Massachusetts RMV procedures for abandoned or towed vehicles under M.G.L. c. 90, § 22B likely govern; the tower must confirm RMV filing requirements before the tow to ensure a clean title can be obtained by the eventual buyer or the tower. For a standard lien sale under § 4, the operator issues a bill of sale; the buyer must pursue title transfer separately through the RMV.
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
Lien attaches; rent past due
The operator's lien on all personal property in the leased space attaches by operation of law for unpaid rent, labor, insurance, and other charges related to the property, including reasonable expenses of sale. No action by the operator is needed to create the lien.
M.G.L. c. 105A, § 3
- 02
Day 5 after default (or later)
Access may be denied
Once an occupant is in default for 5 or more days, the operator may deny access to the leased space in a reasonable and peaceable manner. The occupant retains the right to enter at any time solely to view the contents and verify what is stored there.
M.G.L. c. 105A, § 5
- 03
No sooner than Day 5 after default
First notice sent
The operator sends an initial notice of default by regular mail or electronic mail to the occupant's last known address. Both the first and second notices are anchored to the date of default — the first may go out as early as day 5, the second no earlier than day 14, and there is no statutory requirement that the first notice be sent before the second. The statute does not enumerate required content for this first notice; best practice is to include a statement of default and the amount currently owed.
M.G.L. c. 105A, § 4
- 04
No sooner than Day 14 after default
Second notice sent (lien enforcement notice)
The operator sends the formal lien enforcement notice by verified mail, electronic mail (with delivery receipt), or hand delivery. Both notices are anchored to the date of default — this second notice may not go out before day 14 from default, regardless of when the first notice was sent. The notice must include: (a) a statement that the contents are subject to the operator's lien; (b) a general description of the contents if known; (c) a statement of all charges due plus any additional charges that will accrue before the sale; (d) a demand for payment within a period not less than 14 days after receipt; (e) a statement that failure to pay will result in advertisement and auction sale; and (f) the operator's name, street address, and telephone number.
M.G.L. c. 105A, § 4
- 05
Days 1–14 (or longer if specified) after receipt of the second notice
14-day cure period runs
The occupant or any person claiming a right in the property may redeem the property by paying all amounts necessary to satisfy the lien — including accrued rent, charges, and enforcement expenses — before the sale occurs. Once paid in full, the operator must release the property.
M.G.L. c. 105A, § 4
- 06
After the cure period expires without full payment
Advertisement begins
The operator publishes notice of sale once per week for two consecutive weeks in a newspaper or periodical of general circulation in the county where the facility is located, or by any other commercially reasonable manner. The sale may be conducted at the facility, at the nearest suitable place, or on a publicly accessible website.
M.G.L. c. 105A, § 4
- 07
At least 15 days after the first publication or public posting
Sale conducted
The sale proceeds at auction at the date, time, and location stated in the advertisement. A buyer in good faith takes property free of the occupant's claims. The operator satisfies the lien from the proceeds; the operator is liable for damages caused by failure to comply with this section, and liable for conversion in the event of a willful violation.
M.G.L. c. 105A, § 4
- 08
Immediately after the sale
Surplus proceeds held for occupant
After satisfying the lien (rent, charges, and reasonable enforcement expenses), the operator must hold any remaining balance for release on demand to the occupant or to any person to whom the operator would otherwise have been obligated to release the property.
M.G.L. c. 105A, § 4
Notice requirements
Permitted delivery
- Regular mail (first-class) to the occupant's last known address — M.G.L. c. 105A, § 4 (first notice); § 6
- Electronic mail to the occupant's last known email address, if an email address was provided; deemed delivered when an electronic delivery receipt is obtained — M.G.L. c. 105A, § 4; § 6
- Verified mail (USPS or private carrier providing evidence of mailing) — M.G.L. c. 105A, § 4 (second notice); § 6
- Hand delivery to the occupant — M.G.L. c. 105A, § 4 (second notice only)
- Postal mail deemed delivered when deposited with USPS, properly addressed, with postage paid — M.G.L. c. 105A, § 6
The notice must include
- NOTE: The following content requirements are statutory for the second (day-14) notice under M.G.L. c. 105A, § 4. The first (day-5) notice has no enumerated content list in the statute; best practice is to include a statement of default and amount owed.
- Statement that the contents of the occupant's leased space are subject to the operator's lien — M.G.L. c. 105A, § 4 (second notice)
- General description of the contents, if known to the operator — M.G.L. c. 105A, § 4 (second notice)
- Statement of the operator's claim: charges due on the date of notice, any additional charges that will accrue before the sale date, and when those charges become due — M.G.L. c. 105A, § 4 (second notice)
- Demand for payment within a specified time not less than 14 days after receipt of the second notice — M.G.L. c. 105A, § 4 (second notice)
- Statement that unless the claim is paid within the stated time, the contents will be advertised for sale and sold at auction at a specified time and place — M.G.L. c. 105A, § 4 (second notice)
- Name, street address, and telephone number of the operator or designated agent whom the occupant may contact to respond — M.G.L. c. 105A, § 4 (second notice)
M.G.L. c. 105A, §§ 4, 6
The part most guides skip
Vehicles, boats & RVs
Massachusetts General Laws Chapter 105A, § 1 defines "vehicle" broadly to include motor vehicles, motorcycles, watercraft, trailers, semi-trailers, recreational vehicles, all-terrain or off-road vehicles, and any other titled vehicle — making Massachusetts one of the broadest statutory definitions in the country. Boats, RVs, ATVs, and semi-trailers stored at a self-service facility are expressly within the statute. The vehicle-specific provision opens at 60 days: if rent and other charges for a vehicle "remain unpaid or unsatisfied for 60 days following the maturity of the obligation to pay rent," the operator may have the vehicle towed by an insured tower without completing the full lien-sale process. Once the tower takes physical possession, the operator is released from liability for the vehicle and any damages. The standard two-notice and auction path under § 4 remains available as an alternative at any point after the cure period expires — the 60-day tow path is an option, not a requirement. The phrase "maturity of the obligation to pay rent" is not defined in the statute; the conservative reading is 60 days from the date rent first became contractually due and unpaid. Between day 5 (access denial) and completion of the lien-sale or tow process, the operator may lock the occupant out but cannot sell or tow the vehicle. Chapter 105A § 4 is silent on post-tow title-transfer mechanics; M.G.L. c. 90, § 22B and Massachusetts RMV regulations govern title after a vehicle is towed — operators should confirm applicable filing requirements with the licensed tower before proceeding.
Titled property path
Chapter 105A, § 4 authorizes towing by an insured tower at 60 days past the maturity of the rent obligation but is silent on post-tow title transfer. Massachusetts RMV procedures for abandoned or towed vehicles under M.G.L. c. 90, § 22B likely govern; the tower must confirm RMV filing requirements before the tow to ensure a clean title can be obtained by the eventual buyer or the tower. For a standard lien sale under § 4, the operator issues a bill of sale; the buyer must pursue title transfer separately through the RMV.
M.G.L. c. 105A, §§ 1, 4
Sale rules
- Method
- The sale is by public auction held at the self-service storage facility, at the nearest suitable place, or on a publicly accessible website. A buyer in good faith takes free of the occupant's claims. The operator is liable for damages for non-compliance and for conversion on willful violation.
- Advertising
- The operator must advertise once per week for two consecutive weeks in a newspaper or periodical of general circulation in the county where the facility is located, or by any other commercially reasonable manner. The sale may not take place until at least 15 days after the first publication or public posting.
- Proceeds & surplus
- Proceeds satisfy the operator's lien (rent, charges, and reasonable sale expenses). Any balance must be held by the operator and released on demand to the occupant or to any person otherwise entitled to the property. The statute sets no time limit on how long the surplus must be held, and does not address unclaimed-property reporting — operators should consult Massachusetts unclaimed property law (M.G.L. c. 200A) for any escheat obligations.
M.G.L. c. 105A, § 4
Late fees
The statute authorizes a reasonable late fee for each month the occupant does not pay rent when due. A late fee is deemed reasonable if it is the greater of $20 per month or 20 percent of the monthly rent. The fee amount and conditions must be specified in the rental agreement. Late fees are in addition to any other contractual or legal remedy available to the operator.
M.G.L. c. 105A, § 5
Operator questions
I operate an outdoor RV and boat storage lot. Does Chapter 105A cover my facility?
Chapter 105A defines a self-service storage facility as real property with individual spaces rented for the occupant's own storage and retrieval of personal property. "Vehicle" is expressly defined in § 1 to include motor vehicles, motorcycles, watercraft, trailers, semi-trailers, recreational vehicles, all-terrain or off-road vehicles, and any other titled vehicle. The statute does not limit coverage to enclosed units, so outdoor lots renting individual spaces for boat, RV, ATV, and semi-trailer storage are within scope. If your lot is an open field with no delineated spaces or rental agreements, confirm coverage with Massachusetts counsel — the statutory definition is broad but untested in published appellate cases involving pure open-lot operators.
When can I tow a boat or RV off my lot for non-payment?
The tow-out option under M.G.L. c. 105A, § 4 opens at 60 days after the maturity of the rent obligation — conservatively, 60 days after the missed due date. Before that, you can deny access after 5 days of default (§ 5), but you cannot tow or sell. The 60-day clock is specific to vehicles; for non-vehicle personal property, you must complete the full notice-and-auction process regardless of how long the default continues.
Can I send lien notices by email, and what is the delivery standard?
Yes. Section 6 permits notices by electronic mail; delivery is deemed complete when an electronic delivery receipt is obtained. The statute defines "electronic mail" to include messages "from which an electronic delivery receipt is obtained," so a confirmed delivery receipt — not merely a read-receipt — is the standard. If you cannot obtain a delivery receipt (for example, if the occupant's mailbox is full or the address is invalid), send verified mail simultaneously to ensure the notice is deemed delivered. The rental agreement must include the occupant's email address for electronic delivery to apply.
Do I need to run a newspaper ad, or can I sell online?
Section 4 allows advertising "in a newspaper or periodical of general circulation in the county, or in any other commercially reasonable manner." Online auction platforms (such as StorageTreasures or Bid13) are widely understood as commercially reasonable alternatives, and the statute explicitly permits the sale to be conducted "on a publicly accessible website." The sale may not occur until at least 15 days after the first publication or posting regardless of method.
What happens to money left over after the auction covers what I am owed?
Under § 4, you must hold any surplus from the sale proceeds and release it on demand to the occupant or to any person otherwise entitled to the property. The statute sets no time limit for how long you must hold the funds. Massachusetts unclaimed property law (M.G.L. c. 200A) may require you to report and remit unclaimed surplus to the state after a holding period — consult that statute or counsel if an occupant never claims the balance.
What if a unit looks abandoned — can I skip the lien-sale process?
Section 9 provides a separate abandonment path. If a leased space is unlocked and empty, or contains property the operator values at less than $300 (in the operator's opinion), the operator may take possession after 14 days — but only after attempting to contact the occupant on two separate days at least 3 days apart (or, if unsuccessful, attempting to contact an emergency contact if one was provided). The abandonment path does not relieve the operator of default obligations under § 4 if there is a genuine unpaid balance; it applies only where the space meets the statutory abandoned-space definition.
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