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Storage lien laws · State guide

Mississippi storage lien laws

Miss. Code §§ 85-7-121–85-7-129 — Self-Storage Owner's Lien for Rent on Personal Property (as amended Laws 2020, Ch. 353, HB 1138, eff. July 1, 2020) →Verified 2026-06-11

Miss. Code §§ 85-7-121–85-7-129 (amended 2020) gives a facility owner a lien on all personal property — expressly including motor vehicles, watercraft, and trailers — from the moment it enters the leased space. The lien beats all other liens except those perfected before default and tax liens. Enforcement cannot begin until 14 continuous days of default. The owner must send written notice by verified mail, email (if the occupant elected it), or personal delivery, demanding payment within at least 14 days. After that window the owner may advertise and sell; the sale cannot occur until at least 15 days after publication. The 2020 amendment added verified mail and email notice, online auctions, a commercially-reasonable advertising standard, a $20/20%-of-rent safe-harbor late fee, and a 60-day tow-out option for vehicles and watercraft. Unclaimed surplus after one year must be paid to Mississippi's State Treasurer — not kept by the operator.

At a glance

MS · verified 2026-06-11
Statute
Miss. Code §§ 85-7-121–85-7-129 — Self-Storage Owner's Lien for Rent on Personal Property (as amended Laws 2020, Ch. 353, HB 1138, eff. July 1, 2020)
Notice delivery
Verified mail — any USPS or private delivery service method that provides evidence of mailing, postage prepaid. Defined in § 85-7-121(l). Deemed delivered when deposited with the United States mail or with a private delivery service with postage paid. Miss. Code § 85-7-125 · Electronic mail — permitted only if the occupant elected email notice in the rental agreement (§ 85-7-123(4)). Deemed delivered when the electronic message is sent to the occupant's last known email address. If the owner receives an automated message that the email cannot be delivered, the owner must deliver the notice in person or send it by verified mail before proceeding. Miss. Code § 85-7-125 · Personal delivery — notice may be delivered in person to the occupant. Miss. Code § 85-7-125
Sale method
The sale is made to the highest bidder. Under the 2020 amendment, "sale" is defined (§ 85-7-121(j)) as a public or private sale conducted at the self-storage facility, at another suitable location selected by the owner, or on a publicly accessible website that conducts lien sales or personal property sales. The personal property may be offered as a unit or in parcels. Online auctions are expressly permitted. A good-faith purchaser takes the property free and clear of the lien. If no one purchases the property and the owner has complied with all statutory requirements, the owner may otherwise dispose of the property.
Late fees
Safe harbor under § 85-7-123(3): a monthly late fee of no more than $20.00 or 20% of the monthly rental amount, whichever is greater, is deemed reasonable and not a penalty. Fees at or below that ceiling are automatically reasonable; fees above it are not expressly prohibited but risk challenge as an unenforceable penalty — confirm with Mississippi counsel before exceeding it. The rental agreement must include a late-fee provision. Late fees are covered by the lien and recoverable from sale proceeds. § 85-7-121(d) excludes interest on debt, collection expenses, and preservation/enforcement costs from the definition of "late fee."
Vehicles & boats
Standard lien-sale path (§§ 85-7-125/127): purchaser takes free and clear of the lien; new title requires applying to the Mississippi DOR (motor vehicles) or Dept. of Wildlife, Fisheries and Parks (watercraft). Tow-out path for motor vehicles: once the towing company takes possession under § 85-7-127(5), § 85-7-251 governs — the tower notifies the owner and any lienholder by registered mail within 10 days; if not redeemed within 30 days of the initial tow, the tower publishes notice of sale for two consecutive weeks and may sell at public auction; buyer submits DOR paperwork for a clean title. Note: § 85-7-251 governs the towing company, not the storage operator directly. Watercraft post-tow title path: not specified in §§ 85-7-121–85-7-129 or § 85-7-251 — consult Mississippi counsel and the Dept. of Wildlife, Fisheries and Parks before towing a boat.

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.

  1. 01

    Day 0 — the date personal property is placed in the leased space

    Lien attaches

    The owner's lien attaches by operation of law the moment the occupant's personal property arrives at the facility. No filing or registration is required. The lien covers delinquent rent, late fees, labor, other charges incurred under the rental agreement, and expenses for preservation or sale of the property. The lien is superior to any other lien or security interest except those already perfected and recorded in Mississippi before the occupant's default, and tax liens. The rental agreement must contain a statement in bold type notifying the occupant that the property is subject to this lien and may be sold to satisfy it.

    Miss. Code § 85-7-123

  2. 02

    Any time the occupant fails to timely perform any obligation under the rental agreement

    Default begins; access may be denied

    Default is the failure to timely perform any obligation or duty set forth in the rental agreement. On default the owner may deny the occupant access to the leased space, as provided in the rental agreement. The statute sets no grace-period floor — the rental agreement defines when the occupant is officially in default.

    Miss. Code §§ 85-7-121, 85-7-123

  3. 03

    After 14 continuous days of default — the earliest enforcement may begin

    14-day continuous default threshold

    The statute prohibits any enforcement action (other than denial of access) until the occupant has been in default continuously for at least 14 days. This is the minimum waiting period before the owner may send the enforcement notice and begin the lien sale process.

    Miss. Code § 85-7-125

  4. 04

    On or after Day 14 of continuous default; at least 14 days before the sale may occur

    Default notice sent

    The owner delivers a written default notice to the occupant by verified mail, electronic mail (if elected in the rental agreement), or personal delivery. Verified-mail notice is deemed delivered when deposited with the United States mail or a private delivery service with postage paid. Email notice is deemed delivered when the electronic message is sent. If email delivery fails (automated non-delivery message received), the owner must re-send by verified mail or personal delivery before proceeding.

    Miss. Code § 85-7-125

  5. 05

    Minimum 14 days from the date of the notice; redemption is available up to the moment of sale

    Occupant's payment window

    The notice must give the occupant at least 14 days to pay the full amount owed. At any time before the sale is conducted the occupant may pay the full lien amount plus reasonable expenses, redeem the personal property, and receive it back. On payment the owner has no further claim against the property for the amounts stated in the notice.

    Miss. Code §§ 85-7-125, 85-7-127

  6. 06

    Before the sale; sale may not occur until at least 15 days after publication

    Advertisement published

    The owner must advertise the sale in any commercially reasonable manner. The 2020 amendment eliminated the mandatory newspaper-only requirement and the old six-conspicuous-places fallback. Advertisement is deemed commercially reasonable if it is likely to attract at least three independent bidders to attend or view the sale in person or online at the time and place advertised. Newspaper publication and online auction platforms both satisfy this standard. The notice must state the address of the self-storage facility, the occupant's name, and the time, place, and manner of the sale.

    Miss. Code § 85-7-125

  7. 07

    Not sooner than 15 days after the advertisement is published

    Sale conducted

    The sale is made to the highest bidder. Under the 2020 amendment, "sale" is defined to include a public or private sale at the self-storage facility, at another suitable location the owner selects, or on a publicly accessible website that conducts lien or personal property sales. The personal property may be offered as a unit or in parcels. A good-faith purchaser takes the property free and clear of the owner's lien. If no one purchases and the owner has complied with all statutory requirements, the owner may otherwise dispose of the property.

    Miss. Code §§ 85-7-121, 85-7-125, 85-7-127

  8. 08

    Immediately after sale; unclaimed balance paid to State Treasurer after one year

    Surplus proceeds held; escheated after one year

    The owner satisfies the lien (rent, late fees, and reasonable expenses) from sale proceeds. Any remaining surplus must be held for the occupant. If the occupant does not claim the surplus within one year of the sale, the balance is deemed abandoned and must be paid to Mississippi's State Treasurer in accordance with the Uniform Disposition of Unclaimed Property Act. Unlike some other states, the operator does not keep unclaimed surplus.

    Miss. Code § 85-7-127

Notice requirements

Permitted delivery

  • Verified mail — any USPS or private delivery service method that provides evidence of mailing, postage prepaid. Defined in § 85-7-121(l). Deemed delivered when deposited with the United States mail or with a private delivery service with postage paid. Miss. Code § 85-7-125
  • Electronic mail — permitted only if the occupant elected email notice in the rental agreement (§ 85-7-123(4)). Deemed delivered when the electronic message is sent to the occupant's last known email address. If the owner receives an automated message that the email cannot be delivered, the owner must deliver the notice in person or send it by verified mail before proceeding. Miss. Code § 85-7-125
  • Personal delivery — notice may be delivered in person to the occupant. Miss. Code § 85-7-125

The notice must include

  • An itemized statement of the owner's claim showing the sum due at the time of the notice, the date when the sum became due, and any other sums that will continue to accrue — Miss. Code § 85-7-125
  • A demand for payment within a specified time not less than 14 days after the date of the notice — Miss. Code § 85-7-125
  • A statement that the contents of the occupant's lease space are subject to the owner's lien — Miss. Code § 85-7-125
  • The name, street address, and telephone number of the owner or designated agent the occupant may contact to respond to the notice — Miss. Code § 85-7-125
  • A conspicuous statement that unless the claim is paid within the time stated, the personal property will be advertised for public or private sale or will be otherwise disposed of at a specified time and place — Miss. Code § 85-7-125

Miss. Code §§ 85-7-123, 85-7-125

The part most guides skip

Vehicles, boats & RVs

Motor vehicles, watercraft, and trailers are covered by Mississippi's self-storage lien law. The definition of 'personal property' in § 85-7-121(h) expressly includes watercraft and motor vehicles (but not trailers separately — trailers are covered as a distinct category only in the § 85-7-127(5) tow-out provision). All are subject to the standard lien process (14-day default minimum, notice, 15-day advertising wait, sale). RVs are not separately defined and fall under motor vehicles or trailers depending on Mississippi registration class. The 2020 amendment (HB 1138) added an explicit tow-out option (§ 85-7-127(5)): if rent and other charges on a vehicle, watercraft, or trailer remain unpaid for 60 days, the owner may have the property towed from the facility. Before towing, the owner must give at least 10 days' written notice to the occupant by regular mail or electronic mail stating the name, address, and telephone number of the tower and of the owner or designated agent. Once the tower takes possession, the owner is not liable for any damage to the property. The owner's lien survives the tow — removal does not release it. Once the tow company takes possession, the tow company's rights and obligations under § 85-7-251 (towing and storage of motor vehicles) govern for motor vehicles: the tower notifies the owner and lienholder by registered mail within 10 days; if not redeemed within 30 days of the initial tow, the tower publishes notice of sale for two consecutive weeks and may proceed to public auction. The post-tow title path for watercraft is not addressed in §§ 85-7-121–85-7-129 or § 85-7-251 — operators should consult Mississippi counsel and the Dept. of Wildlife, Fisheries and Parks before towing a boat.

Titled property path

Standard lien-sale path (§§ 85-7-125/127): purchaser takes free and clear of the lien; new title requires applying to the Mississippi DOR (motor vehicles) or Dept. of Wildlife, Fisheries and Parks (watercraft). Tow-out path for motor vehicles: once the towing company takes possession under § 85-7-127(5), § 85-7-251 governs — the tower notifies the owner and any lienholder by registered mail within 10 days; if not redeemed within 30 days of the initial tow, the tower publishes notice of sale for two consecutive weeks and may sell at public auction; buyer submits DOR paperwork for a clean title. Note: § 85-7-251 governs the towing company, not the storage operator directly. Watercraft post-tow title path: not specified in §§ 85-7-121–85-7-129 or § 85-7-251 — consult Mississippi counsel and the Dept. of Wildlife, Fisheries and Parks before towing a boat.

Miss. Code §§ 85-7-121, 85-7-123, 85-7-127, 85-7-251

Sale rules

Method
The sale is made to the highest bidder. Under the 2020 amendment, "sale" is defined (§ 85-7-121(j)) as a public or private sale conducted at the self-storage facility, at another suitable location selected by the owner, or on a publicly accessible website that conducts lien sales or personal property sales. The personal property may be offered as a unit or in parcels. Online auctions are expressly permitted. A good-faith purchaser takes the property free and clear of the lien. If no one purchases the property and the owner has complied with all statutory requirements, the owner may otherwise dispose of the property.
Advertising
The statute requires commercially reasonable advertisement. The 2020 amendment eliminated mandatory newspaper-only publication and the prior six-conspicuous-places fallback. Advertisement is deemed commercially reasonable if it is likely to attract at least three independent bidders to attend or view the sale in person or online at the time and place advertised (§ 85-7-125(c)). Newspaper publication and online auction platforms both satisfy this standard. The sale cannot be held until at least 15 days after publication. The ad must state the facility address, the occupant's name, and the time, place, and manner of sale.
Proceeds & surplus
The owner satisfies the lien from sale proceeds first (delinquent rent, late fees, and reasonable preservation and sale expenses). Any surplus is held for the occupant on demand. If unclaimed within one year of the sale date, the surplus is deemed abandoned and must be paid to the Mississippi State Treasurer in accordance with the Uniform Disposition of Unclaimed Property Act. The operator has no right to keep unclaimed surplus — Mississippi requires escheatment.

Miss. Code §§ 85-7-121, 85-7-125, 85-7-127

Late fees

Safe harbor under § 85-7-123(3): a monthly late fee of no more than $20.00 or 20% of the monthly rental amount, whichever is greater, is deemed reasonable and not a penalty. Fees at or below that ceiling are automatically reasonable; fees above it are not expressly prohibited but risk challenge as an unenforceable penalty — confirm with Mississippi counsel before exceeding it. The rental agreement must include a late-fee provision. Late fees are covered by the lien and recoverable from sale proceeds. § 85-7-121(d) excludes interest on debt, collection expenses, and preservation/enforcement costs from the definition of "late fee."

Miss. Code § 85-7-123

Operator questions

My facility stores boats, RVs, and trailers on an open lot. Does Mississippi's self-storage lien law cover me?

Yes, provided your lot rents individual spaces to occupants who store and retrieve their own property on a self-service basis. Mississippi Code § 85-7-121 defines "personal property" to expressly include watercraft and motor vehicles. Trailers are not separately named in the § 85-7-121 definition but are expressly covered in the § 85-7-127(5) tow-out provision. RVs are covered as motor vehicles or trailers depending on their Mississippi registration class. There is no requirement for enclosed units — open outdoor lots qualify if the self-service rental structure matches the statutory definition.

Can I send the default notice by email instead of certified mail?

Yes, but only if the occupant elected email notice in the rental agreement — the 2020 amendment (HB 1138) added this option (§ 85-7-123(4)). Email notice under § 85-7-125 is deemed delivered the moment you send it to the occupant's last known email address. If you receive an automated message that the email cannot be delivered, you must deliver the notice in person or send it by verified mail before proceeding. Best practice: include an email-notice election in every rental agreement and confirm the address is active before sending.

Do I have to run a newspaper ad, or can I use an online auction platform?

The 2020 amendment eliminated mandatory newspaper advertising and the prior six-conspicuous-places fallback, replacing both with a commercially reasonable standard: any method likely to attract at least three independent bidders in person or online qualifies (§ 85-7-125). Online auction platforms (such as StorageTreasures) satisfy this standard. Newspaper publication in a county-wide newspaper also works but is no longer required. There is no longer a statutory fallback requiring six-places posting if no county newspaper exists — commercially reasonable advertising covers all scenarios.

A tenant hasn't paid rent on a boat stored at my facility for two months. Can I have it towed?

Yes. Section 85-7-127(5) gives you a tow-out option once rent and other charges on a vehicle, watercraft, or trailer have been unpaid for 60 days. Before towing, you must give the occupant at least 10 days' written notice by regular mail or email stating the name, address, and phone number of the tower and of your facility or designated agent. Once the tower takes possession you are not liable for damage to the watercraft. Your lien survives the tow. Important: the post-tow title path for watercraft is not spelled out in §§ 85-7-121–85-7-129 or § 85-7-251 — consult Mississippi counsel and the Dept. of Wildlife, Fisheries and Parks before proceeding with a boat tow.

What happens to money left over after the sale that the tenant never claims?

Unlike some states where the operator keeps unclaimed surplus, Mississippi requires you to pay it to the State Treasurer. Under § 85-7-127, you hold any surplus after satisfying the lien for the occupant on demand. If the occupant does not claim the balance within one year of the sale, it is deemed abandoned and must be remitted to the State Treasurer in accordance with Mississippi's Uniform Disposition of Unclaimed Property Act. Keep accurate records of the sale amount, lien satisfied, and surplus held for the full one-year window.

How much can I charge for a late fee, and is it covered by the lien?

The 2020 amendment established a safe harbor in § 85-7-123(3): a monthly late fee of no more than $20.00 or 20% of the monthly rent, whichever is greater, is automatically deemed reasonable and not a penalty. The rental agreement must include a late-fee provision. Late fees are covered by the owner's lien and recoverable from sale proceeds. Fees above the safe-harbor ceiling are not expressly prohibited but are not automatically deemed reasonable and risk challenge as an unenforceable penalty — consult Mississippi counsel before going above the safe harbor.

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