Storage lien laws · State guide
Montana storage lien laws
Montana Code Annotated, Title 70, Chapter 6, Part 6 — Self-Storage Facilities Act (§§ 70-6-601 through 70-6-609) →Verified 2026-06-11
Montana's Self-Storage Facilities Act (MCA §§ 70-6-601 through 70-6-609) gives operators a lien on stored personal property from the day it arrives (§ 70-6-605). The lien covers rent, late fees, legal fees, labor, and enforcement costs, and has priority over all other liens except perfected recorded liens and tax liens. Enforcement requires more than 60 days of default, then three steps: (1) a 30-day default notice by verified mail or e-mail (§ 70-6-607(3)(a)); (2) a 7-day pre-sale notice to the renter of the sale date (§ 70-6-607(3)(b)); and (3) public advertising at least 7 days out (§ 70-6-607(3)(c)). Net surplus goes to the renter by check; uncashed checks escheat after one year. For motor vehicles, watercraft, aircraft, and trailers, the operator may alternatively hire a professional tow company after 60 days — no DMV title path exists in the Act. Late fee safe harbor: $20 or 20% of monthly rent (whichever is greater), stated in the rental agreement (§ 70-6-606(2)).
At a glance
MT · verified 2026-06-11- Statute
- Montana Code Annotated, Title 70, Chapter 6, Part 6 — Self-Storage Facilities Act (§§ 70-6-601 through 70-6-609)
- Notice delivery
- Verified mail (any mailing method offering evidence through the postal service, a private delivery service, or a certificate of mailing) to the renter's last-known postal address (§§ 70-6-602(13), 70-6-607(3)(a)–(b)) · Electronic mail (e-mail) to the renter's last-known e-mail address, if an e-mail address was provided in the rental agreement or by subsequent written notice (§§ 70-6-602(3), 70-6-602(5), 70-6-607(3)(a)–(b))
- Sale method
- Sale must be a "commercially reasonable sale," meaning it is conducted at the self-storage facility, offsite, or on a publicly accessible website for lien sales. The sale may be of the unit's contents as a whole or in parcels. A good-faith purchaser at the sale takes the property free of all claims against which the lien was valid, even if the operator did not strictly comply with every statutory requirement (§§ 70-6-602(1), 70-6-607(2)).
- Late fees
- The statute sets a safe-harbor formula: a late fee of $20 or 20% of the monthly rent, whichever is greater, is deemed a reasonable fee and may not be considered a penalty (§ 70-6-606(2)). The fee and the conditions for imposing it must be stated in the rental agreement for the operator to collect it. In addition to late fees, the operator may charge any reasonable expense incurred as a result of rent collection or lien enforcement (§ 70-6-606(2)). The statute does not cap the dollar amount of a late fee beyond the safe-harbor floor; any fee exceeding the safe harbor may be challenged as unreasonable if not grounded in the rental agreement.
- Vehicles & boats
- The Self-Storage Facilities Act provides no operator-controlled path to transfer or obtain a certificate of title. After engaging a professional tow or transfer company under § 70-6-607(4), title-related procedures are governed outside this Act. The likely applicable framework is MCA Title 61, Chapter 12 (abandoned and towed vehicles), which governs how the tow company and any subsequent purchaser handle title — but operators should confirm current requirements with the Montana Department of Justice Motor Vehicle Division and qualified counsel before completing or advising on any vehicle, boat, trailer, or aircraft disposition. For aircraft, additional federal (FAA) registry considerations may apply and are not addressed in the Self-Storage Facilities 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 — the moment personal property is placed in the leased space
Lien attaches — property arrives
The statute creates a lien automatically on all of the renter's personal property located in the leased space as of the date it arrives. The lien covers rent, late fees, legal fees, labor, and other charges incurred under the rental agreement, plus expenses for preserving, selling, or disposing of the property. The lien has priority over all other liens except those already perfected and recorded against the specific personal property, and tax liens.
MCA § 70-6-605
- 02
Day 1 of unpaid rent (or other delinquency)
Access restriction permitted on first day of delinquency
As soon as rent or other charges are delinquent and unpaid, the operator may deny the renter access to the leased space. Access may also be denied if the space is being used for residential or other unlawful purposes, or if the renter fails to vacate after the rental agreement is terminated. A renter who purposely or knowingly accesses a denied space while in default may be prosecuted under MCA Title 45, Chapter 6.
MCA § 70-6-606(1)
- 03
After more than 60 days of continuous default
60-day default threshold — enforcement may begin
The statute prohibits sale enforcement until the renter has been in default for more than 60 days. "Default" means failure to timely perform any obligation under the rental agreement or the Self-Storage Facilities Act. Once 60 days of default have elapsed, the operator may proceed to the notice step.
MCA § 70-6-607(1)
- 04
At least 30 days before the proposed sale date (after 60-day default period)
Send written default notice
The operator must deliver written notice to the renter's last-known address — by verified mail or by e-mail (if the renter provided an e-mail address in the rental agreement or by subsequent written notice). The notice must include: (i) a statement that the contents are subject to the operator's lien; (ii) a statement of the charges due and that charges continue to accrue; (iii) a demand for payment with a payment deadline; (iv) a warning that the contents will be sold if the claim is not paid before the deadline; and (v) the operator's name, street address, and telephone number or that of a designated agent.
MCA § 70-6-607(3)(a)
- 05
At least 7 days before the sale date
Send pre-sale notice to renter
At least 7 days before the sale, the operator must notify the renter — by verified mail or by e-mail (if the renter provided an e-mail address) — of the date, time, and location of the sale. This is a second, separate renter-directed notice; it is distinct from the 30-day default notice sent under § 70-6-607(3)(a) and from the public advertising requirement under § 70-6-607(3)(c). All three steps must be satisfied independently.
MCA § 70-6-607(3)(b)
- 06
At least 7 days before the sale date (concurrent with pre-sale renter notice)
Advertise the sale publicly
The operator must also advertise the time, place, and terms of the sale in a newspaper of general circulation in the county where the sale is to be held, or by any other commercially reasonable manner. A manner of advertisement is commercially reasonable if the sale is attended or viewed by at least three persons — in person or online, by telephone, or by any other method — at the time and place advertised. This public advertising step runs concurrently with the 7-day pre-sale renter notice under § 70-6-607(3)(b) but is a separate statutory obligation.
MCA § 70-6-607(3)(c)
- 07
After advertising is complete and the payment deadline has passed
Conduct the commercially reasonable sale
The operator may sell the personal property as a unit or in parcels at a commercially reasonable sale — defined as a sale conducted at the facility, offsite, or on a publicly accessible website for lien sales, attended or viewed by at least three persons. The renter may redeem the property at any time before the sale by paying the full lien amount. A good-faith purchaser takes the property free of all claims against which the lien was valid, even if the operator did not fully comply with the statute's requirements.
MCA §§ 70-6-602(1), 70-6-607(1)–(2)
- 08
Immediately after the sale
Apply proceeds and remit surplus
The operator applies sale proceeds to satisfy the lien (rent, fees, and lien-enforcement costs). Any net surplus must be sent by check to the renter at the renter's last-known address, or to any other recorded lienholder. If the surplus check is not cashed within one year, the remaining proceeds are considered abandoned property and must be reported and remitted to the Montana Department of Revenue under the Uniform Unclaimed Property Act (MCA Title 70, Chapter 9, Part 8).
MCA § 70-6-607(5)–(6)
Notice requirements
Permitted delivery
- Verified mail (any mailing method offering evidence through the postal service, a private delivery service, or a certificate of mailing) to the renter's last-known postal address (§§ 70-6-602(13), 70-6-607(3)(a)–(b))
- Electronic mail (e-mail) to the renter's last-known e-mail address, if an e-mail address was provided in the rental agreement or by subsequent written notice (§§ 70-6-602(3), 70-6-602(5), 70-6-607(3)(a)–(b))
The notice must include
- THIRTY-DAY DEFAULT NOTICE (§ 70-6-607(3)(a)) — sent at least 30 days before the sale: (i) a statement that the contents of the renter's leased space are subject to the operator's lien; (ii) a statement of the charges due on the date of the notice, and that additional charges will continue to accrue; (iii) a demand for payment of the charges due and a deadline for payment; (iv) a statement that, unless the claim is paid before the deadline, the contents will be sold or otherwise disposed of after a specified time; and (v) the name, street address, and telephone number of the operator or a designated agent.
- SEVEN-DAY PRE-SALE RENTER NOTICE (§ 70-6-607(3)(b)) — sent at least 7 days before the sale by verified mail or e-mail (if provided): the date, time, and location of the sale. This is a second, separate renter-directed notice; it must be sent in addition to the 30-day default notice and in addition to the public advertising under § 70-6-607(3)(c).
MCA §§ 70-6-602(3), 70-6-602(5), 70-6-602(13), 70-6-607(3)(a)–(b)
The part most guides skip
Vehicles, boats & RVs
Montana expressly provides a towing alternative for titled personal property after 60 days of default. Under § 70-6-607(4), if charges on a motor vehicle, watercraft, aircraft, or trailer remain unpaid for 60 or more days, the operator may have the property removed from the facility by a professional transfer or tow truck company. The operator is not liable for any damage to the property after the professional company takes possession. The towing path is an alternative to — not a replacement for — the standard lien-sale route; the operator may choose either. The tow provision operates independently: § 70-6-607(4) does not require the operator to send the § 70-6-607(3)(a) default notice before engaging a tow company, though operators should consult counsel before relying on that independence. The statute does not provide an operator-controlled path to obtain or transfer a certificate of title. After a tow-out, subsequent title and disposal questions are governed outside the Self-Storage Facilities Act, likely under Montana's abandoned-vehicle and tow-company framework (MCA Title 61, Chapter 12) — operators should confirm current procedures with the Montana Department of Justice Motor Vehicle Division and the tow company before proceeding. For RVs and boats (common at Montana outdoor storage lots), the same 60-day towing alternative applies: motor vehicles and trailers cover RVs; watercraft covers boats and personal watercraft. Aircraft are also expressly listed in § 70-6-607(4), though the Self-Storage Facilities Act is silent on any FAA registry or airworthiness considerations that may apply — operators storing aircraft should seek specialized counsel. Both tracks — standard lien sale and tow — open simultaneously on day 61.
Titled property path
The Self-Storage Facilities Act provides no operator-controlled path to transfer or obtain a certificate of title. After engaging a professional tow or transfer company under § 70-6-607(4), title-related procedures are governed outside this Act. The likely applicable framework is MCA Title 61, Chapter 12 (abandoned and towed vehicles), which governs how the tow company and any subsequent purchaser handle title — but operators should confirm current requirements with the Montana Department of Justice Motor Vehicle Division and qualified counsel before completing or advising on any vehicle, boat, trailer, or aircraft disposition. For aircraft, additional federal (FAA) registry considerations may apply and are not addressed in the Self-Storage Facilities Act.
MCA §§ 70-6-602(8), 70-6-607(1), 70-6-607(4)
Sale rules
- Method
- Sale must be a "commercially reasonable sale," meaning it is conducted at the self-storage facility, offsite, or on a publicly accessible website for lien sales. The sale may be of the unit's contents as a whole or in parcels. A good-faith purchaser at the sale takes the property free of all claims against which the lien was valid, even if the operator did not strictly comply with every statutory requirement (§§ 70-6-602(1), 70-6-607(2)).
- Advertising
- Two parallel steps are required at least 7 days before the sale. First, notify the renter of the date, time, and location by verified mail or e-mail if provided (§ 70-6-607(3)(b)). Second, advertise the time, place, and terms in a newspaper of general circulation in the county where the sale is to be held, or by any other commercially reasonable manner (§ 70-6-607(3)(c)). A sale is commercially reasonable if attended or viewed by at least three persons — in person, online, by phone, or by any other method — at the advertised time and place. Online lien-sale platforms satisfy this requirement provided three persons attend or view (§§ 70-6-602(1), 70-6-607(3)(b)–(c)).
- Proceeds & surplus
- After satisfying the lien and lien-enforcement costs, the operator must send a check for the net proceeds to the renter at the renter's last-known address, or to any other recorded lienholder. If the check remains uncashed for one year, the funds are abandoned property and must be reported and paid to the Montana Department of Revenue under the Uniform Unclaimed Property Act, MCA Title 70, Chapter 9, Part 8 (§ 70-6-607(5)–(6)).
MCA §§ 70-6-602(1), 70-6-607(1)–(6)
Late fees
The statute sets a safe-harbor formula: a late fee of $20 or 20% of the monthly rent, whichever is greater, is deemed a reasonable fee and may not be considered a penalty (§ 70-6-606(2)). The fee and the conditions for imposing it must be stated in the rental agreement for the operator to collect it. In addition to late fees, the operator may charge any reasonable expense incurred as a result of rent collection or lien enforcement (§ 70-6-606(2)). The statute does not cap the dollar amount of a late fee beyond the safe-harbor floor; any fee exceeding the safe harbor may be challenged as unreasonable if not grounded in the rental agreement.
MCA § 70-6-606(2)
Operator questions
My tenant stores a boat and an RV and has not paid for 65 days. Which enforcement path do I use?
Both paths are open at day 61. You can run the standard lien-sale process: send the required default notice (§ 70-6-607(3)(a)), wait for the payment deadline to pass, advertise the sale at least 7 days out, and conduct a commercially reasonable sale. Alternatively, § 70-6-607(4) lets you engage a professional tow or transfer company to remove the boat and RV — the operator is not liable for damage once the tow company takes possession. The tow path is operationally faster but transfers control of disposition (and potential title clearance under MCA Title 61, Chapter 12) to the tow company. Consult counsel on which path best fits your situation.
Can I send the default notice by e-mail, or does it have to go by certified mail?
Either method works on its own. The statute allows notice by "verified mail" (any postal or private-delivery method that provides evidence of mailing) or by "electronic mail" — but only if the renter provided an e-mail address in the rental agreement or by subsequent written notice. If you send by e-mail and the renter did not provide an e-mail address, that notice is invalid. Unlike some states, Montana does not require a fallback to postal mail if e-mail delivery is unconfirmed — but as a practical matter, retain proof of which address you used and when.
How long do I have to wait before I can sell a tenant's property?
At minimum, you must wait more than 60 days of default before any enforcement action. After the 60-day threshold, you send the 30-day default notice (§ 70-6-607(3)(a)), and then at least 7 days before the sale you must both notify the renter of the sale date by verified mail or e-mail (§ 70-6-607(3)(b)) and advertise publicly (§ 70-6-607(3)(c)). In practice the fastest possible timeline is: day 61 (send 30-day default notice), day 91 (payment deadline in notice expires), day 92 (send 7-day pre-sale renter notice and begin advertising simultaneously), day 98 (earliest possible sale). Always build in buffer days to account for mail delivery and to document each step.
My rental agreement does not mention a late fee. Can I still charge one?
No. Section 70-6-606(2) requires that the amount of the late fee and the conditions for imposing it be stated in the rental agreement before the operator can collect it. Without that disclosure, there is no enforceable late fee. Update your rental agreement to include the $20 or 20%-of-monthly-rent safe harbor before charging any fee.
The sale brought in more than the tenant owed. What do I do with the surplus?
Send a check for the net proceeds (sale proceeds minus the lien balance and lien-enforcement costs) to the renter at the last-known address on file, or to any recorded lienholder. Keep a record of the sale, the proceeds, and the check. If the check is not cashed within one year, the funds become abandoned property under Montana law and must be reported and remitted to the Department of Revenue under the Uniform Unclaimed Property Act (MCA Title 70, Chapter 9, Part 8).
Can I hold the auction online instead of at the facility?
Yes. The statute defines "commercially reasonable sale" to include sales conducted on a publicly accessible website for lien sales, in addition to on-site or offsite sales (§ 70-6-602(1)). The method is commercially reasonable as long as at least three persons attend or view the sale — in person, online, by phone, or by any other method — at the advertised time and place. You must still satisfy both pre-sale steps at least 7 days before the sale: notify the renter of the date, time, and location by verified mail or e-mail (§ 70-6-607(3)(b)), and advertise the sale publicly in a newspaper or by another commercially reasonable means (§ 70-6-607(3)(c)).
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