Storage lien laws · State guide
Nebraska storage lien laws
Nebraska Revised Statutes, Chapter 76, §§ 76-1601 through 76-1609 — Self-Service Storage Facilities Act →Verified 2026-06-11
Nebraska's Self-Service Storage Facilities Act (§§ 76-1601–76-1609, Laws 2017, LB492) gives the operator a lien on all personal property placed in a leased space from the day it arrives (§ 76-1605). Enforcement cannot begin until default exceeds 45 days, after which the operator must send written notice at least 45 days before the sale — meaning the earliest practical sale is roughly Day 91 of default. The notice must demand payment within at least 10 days and include five required items (§ 76-1607(2)(a)). Advertising must occur at least 7 days pre-sale in any commercially reasonable manner; no newspaper is required. For vehicles, watercraft, and trailers unpaid for 60 days, the operator may arrange a tow instead — the lien survives the tow (§ 76-1607(4)). The statute caps sale expenses at $500. Late fees are contract-controlled; no statutory cap.
At a glance
NE · verified 2026-06-11- Statute
- Nebraska Revised Statutes, Chapter 76, §§ 76-1601 through 76-1609 — Self-Service Storage Facilities Act
- Notice delivery
- Verified mail (any USPS method providing evidence of mailing) to the occupant's last-known postal address (§§ 76-1602, 76-1607(8)(a)) · Electronic mail to the occupant's last-known email address, if provided in the rental agreement or a change-of-address notice (§§ 76-1602, 76-1607(8)(a)) · If the operator sends notice by email and receives an automated undeliverable message, the operator must also send notice by verified mail before proceeding — silence or non-response alone does not trigger the fallback (§ 76-1607(8)(a))
- Sale method
- Sales may be by public or private proceedings, as a unit or in parcels, at any time or place. A "commercially reasonable sale" is defined in § 76-1602 as one conducted at the facility or on a publicly accessible lien-sale website and attended by at least three persons appearing in person, online, by telephone, or by any other method. A good-faith purchaser takes the property free and clear of rights of persons against whom the lien was valid (§ 76-1607(7)). For vehicles, watercraft, or trailers, a sale extinguishes any lien or security interest of holders to whom statutory notice was sent (§ 76-1607(7)). Property receiving no bids may be disposed of as the operator sees fit (§ 76-1602).
- Late fees
- The Self-Service Storage Facilities Act does not impose a statutory cap or formula for late fees. The Act secures "late fees" as part of the operator's lien (§ 76-1605(1)), but sets no maximum amount. No separate Nebraska consumer protection or landlord-tenant statute capping storage late fees has been identified; late fees are controlled entirely by the rental agreement. Operators should ensure the rental agreement clearly states the late fee amount or formula. The statute requires a bold-type lien disclosure in the rental agreement (§ 76-1605(3)) but does not require a separate late-fee disclosure format.
- Vehicles & boats
- The Self-Service Storage Facilities Act does not give the operator a path to obtain or transfer a certificate of title for a motor vehicle, watercraft, or trailer. After towing, the towing company must follow Nebraska's abandoned vehicle and title procedures independently. After a lien sale involving a titled vehicle, the purchaser should apply to the Nebraska DMV for a new title. Operators should confirm current title documentation requirements with the Nebraska DMV before completing any sale involving titled property. The Act is also silent on whether Nebraska has a bonded-title or court-ordered-title route after a storage lien sale; confirm with a Nebraska attorney for titled-property transactions. Section 76-1607(6)(a)(ii) directs that recorded lienholder obligations are satisfied from sale proceeds before the operator's lien.
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 personal property placed in the leased space. The lien secures delinquent rent, late fees, labor, other charges incurred under the rental agreement, and expenses for preservation, sale, or disposition of the property. The lien has priority over all other liens except tax liens and any lien or security interest of record — the statute carves out all recorded security interests regardless of when they were perfected or recorded relative to placement (§ 76-1605(1)). The rental agreement must contain a bold-type lien disclosure (§ 76-1605(3)).
Neb. Rev. Stat. §§ 76-1605(1), 76-1605(2), 76-1605(3)
- 02
Days 1–45 — no enforcement action permitted
Default period — no enforcement before 45 days
The statute authorizes enforcement only after the occupant "is in default for a period of more than forty-five days" (§ 76-1607(1)). Default means the failure to perform on time any obligation or duty set forth in the rental agreement, including the obligation to pay rent (§ 76-1602). During this window the operator may deny the occupant access to the leased space if rent or other charges are in default (§ 76-1606), but no lien sale may be initiated.
Neb. Rev. Stat. §§ 76-1602, 76-1606, 76-1607(1)
- 03
After Day 45 of default — notice must be sent at least 45 days before the sale date
Send written notice of default and pending sale
Once the occupant has been in default for more than 45 days, the operator must send written notice at least 45 days before the scheduled sale, making the practical earliest sale date approximately Day 91 of default. The notice must be sent by verified mail or email. It must include: (i) a lien statement; (ii) an itemized claim with future charges and due dates; (iii) a payment demand giving at least 10 days to pay; (iv) a statement that unpaid contents will be sold; and (v) the operator's name, street address, and phone number. If email notice bounces with an automated undeliverable message, the operator must also send verified mail.
Neb. Rev. Stat. §§ 76-1607(1), 76-1607(2)(a), 76-1607(8)(a)
- 04
At least 7 days before the sale date
Advertise the sale and notify lienholders
The operator must advertise the time, place, and terms of the sale in any commercially reasonable manner at least 7 days before the sale. Under § 76-1607(2)(b), the advertising method is deemed commercially reasonable when at least three independent bidders attend the sale in person or online at the time and place advertised. Separately, § 76-1602 defines a commercially reasonable sale as one attended by at least three persons in person, online, by telephone, or by any other method. The operator must also provide a copy of the advertisement to any recorded lienholder or security interest holder by U.S. mail at least 7 days before the sale (§ 76-1607(2)(b)).
Neb. Rev. Stat. §§ 76-1602, 76-1607(2)(b), 76-1607(8)(b)
- 05
Any time before the sale is held (or before the vehicle/watercraft/trailer is towed)
Occupant may redeem before sale or tow
At any time before the sale or before a vehicle, watercraft, or trailer is towed, the occupant may pay the full amount necessary to satisfy the lien — including all charges, fees, and accumulated costs — and redeem the personal property. Once the sale proceeds or the tow is completed, the right to redeem is extinguished.
Neb. Rev. Stat. § 76-1607(5)
- 06
On or after the advertised sale date
Conduct the sale
The operator may sell the occupant's stored personal property for cash. The sale may be by public or private proceedings, sold as a unit or in parcels, at any time or place, as long as the sale is commercially reasonable (§ 76-1607(1)). A purchaser in good faith takes the property free and clear of any rights of persons against whom the lien was valid (§ 76-1607(7)). For vehicles, watercraft, or trailers, a sale extinguishes any lien or security interest of any holder to whom notice of the sale was sent in compliance with the statute (§ 76-1607(7)). Property that receives no bids may be disposed of as the operator sees fit (§ 76-1602).
Neb. Rev. Stat. §§ 76-1602, 76-1607(1), 76-1607(7)
- 07
Immediately after the sale; hold surplus for 1 year
Apply proceeds and hold surplus
Sale proceeds are applied in this order: (i) actual sale expenses including notice and advertising costs, capped at $500; (ii) obligations secured by any recorded lienholder or security interest holder; (iii) the operator's lien. Any balance remaining must be held available for the occupant for one year after the sale date. If the surplus is not claimed within one year, it becomes abandoned property and must be reported and remitted to the Nebraska State Treasurer under the Uniform Disposition of Unclaimed Property Act.
Neb. Rev. Stat. §§ 76-1607(6)(a), 76-1607(6)(b)
Notice requirements
Permitted delivery
- Verified mail (any USPS method providing evidence of mailing) to the occupant's last-known postal address (§§ 76-1602, 76-1607(8)(a))
- Electronic mail to the occupant's last-known email address, if provided in the rental agreement or a change-of-address notice (§§ 76-1602, 76-1607(8)(a))
- If the operator sends notice by email and receives an automated undeliverable message, the operator must also send notice by verified mail before proceeding — silence or non-response alone does not trigger the fallback (§ 76-1607(8)(a))
The notice must include
- A statement that the contents of the occupant's leased space are subject to the operator's lien (§ 76-1607(2)(a)(i))
- A statement of the operator's claim showing the charges due on the date of the notice and any future charges that will accrue, with the dates those charges are due (§ 76-1607(2)(a)(ii))
- A demand for payment of the charges due within a specified time, which must be at least 10 days from the date of the notice (§ 76-1607(2)(a)(iii))
- A statement that unless the claim is paid within the time stated, the contents of the leased space will be sold (§ 76-1607(2)(a)(iv))
- The name, street address, and telephone number of the operator or designated agent (§ 76-1607(2)(a)(v))
Neb. Rev. Stat. §§ 76-1602, 76-1607(2)(a), 76-1607(8)(a)
The part most guides skip
Vehicles, boats & RVs
Nebraska law gives operators a distinct disposal path for vehicles, watercraft, and trailers. Under § 76-1607(4), if rent and other charges on a vehicle, watercraft, or trailer remain unpaid for 60 days, the operator may arrange for the property to be towed from the facility. The operator is not liable for any damages to the vehicle, watercraft, or trailer once the tower takes possession. Critically, the operator's lien survives the tow: "Removal of any vehicle, watercraft, or trailer from the self-service storage facility shall not release the operator's lien" (§ 76-1607(4)). The 60-day tow path is separate from and shorter than the standard lien-sale track; it does not require the 45-day pre-sale notice. The occupant may redeem before the tow begins (§ 76-1607(5)). In a lien sale, § 76-1607(7) expressly provides that the sale extinguishes any lien or security interest of holders to whom notice was sent under the statute. The Self-Service Storage Facilities Act is otherwise silent on DMV title procedures; operators must follow Nebraska's general towing and abandoned-vehicle laws for any post-tow title process.
Titled property path
The Self-Service Storage Facilities Act does not give the operator a path to obtain or transfer a certificate of title for a motor vehicle, watercraft, or trailer. After towing, the towing company must follow Nebraska's abandoned vehicle and title procedures independently. After a lien sale involving a titled vehicle, the purchaser should apply to the Nebraska DMV for a new title. Operators should confirm current title documentation requirements with the Nebraska DMV before completing any sale involving titled property. The Act is also silent on whether Nebraska has a bonded-title or court-ordered-title route after a storage lien sale; confirm with a Nebraska attorney for titled-property transactions. Section 76-1607(6)(a)(ii) directs that recorded lienholder obligations are satisfied from sale proceeds before the operator's lien.
Neb. Rev. Stat. §§ 76-1602, 76-1605(1), 76-1607(4), 76-1607(5), 76-1607(6)(a)(ii), 76-1607(7)
Sale rules
- Method
- Sales may be by public or private proceedings, as a unit or in parcels, at any time or place. A "commercially reasonable sale" is defined in § 76-1602 as one conducted at the facility or on a publicly accessible lien-sale website and attended by at least three persons appearing in person, online, by telephone, or by any other method. A good-faith purchaser takes the property free and clear of rights of persons against whom the lien was valid (§ 76-1607(7)). For vehicles, watercraft, or trailers, a sale extinguishes any lien or security interest of holders to whom statutory notice was sent (§ 76-1607(7)). Property receiving no bids may be disposed of as the operator sees fit (§ 76-1602).
- Advertising
- The operator must advertise the time, place, and terms of the sale in any commercially reasonable manner at least 7 days before the sale date (§ 76-1607(2)(b)). Newspaper publication is not required. Under § 76-1607(2)(b), the advertising is deemed commercially reasonable when at least three independent bidders attend the sale in person or online. A copy of the sale advertisement must be sent by U.S. mail to any holder of a recorded lien or security interest on the property being sold, at least 7 days before the sale; delivery is deemed complete when deposited with the USPS properly addressed with postage prepaid (§§ 76-1607(2)(b), 76-1607(8)(b)).
- Proceeds & surplus
- Proceeds are applied first to actual sale expenses (notice and advertising costs, capped at $500), then to recorded lienholder or security interest obligations, then to the operator's lien. Any surplus is held for the occupant for one year from the sale date. Unclaimed surplus after one year is reported and remitted to the Nebraska State Treasurer as abandoned property under the Uniform Disposition of Unclaimed Property Act (Neb. Rev. Stat. § 69-1329 et seq.) (§§ 76-1607(6)(a), 76-1607(6)(b)).
Neb. Rev. Stat. §§ 76-1602, 76-1607(1), 76-1607(2)(b), 76-1607(6)(a), 76-1607(6)(b), 76-1607(7), 76-1607(8)(b)
Late fees
The Self-Service Storage Facilities Act does not impose a statutory cap or formula for late fees. The Act secures "late fees" as part of the operator's lien (§ 76-1605(1)), but sets no maximum amount. No separate Nebraska consumer protection or landlord-tenant statute capping storage late fees has been identified; late fees are controlled entirely by the rental agreement. Operators should ensure the rental agreement clearly states the late fee amount or formula. The statute requires a bold-type lien disclosure in the rental agreement (§ 76-1605(3)) but does not require a separate late-fee disclosure format.
Neb. Rev. Stat. §§ 76-1605(1), 76-1609; no statutory cap identified
Operator questions
My tenant stores an RV and has not paid for 50 days. Can I sell it now?
Not yet. The statute requires more than 45 days of default before you can enforce the lien, and then you must send written notice at least 45 days before the sale date (§ 76-1607(1), (2)(a)). At 50 days of default you can send the pre-sale notice, but the earliest you could hold the sale is roughly 45 days after that notice — putting the sale around Day 95 of default. If the rent stays unpaid past 60 days, you have a faster alternative for the RV: arrange a tow under § 76-1607(4). The RV must be a vehicle, watercraft, or trailer for the tow option to apply.
After 60 days of non-payment on a boat or trailer, can I just have it towed instead of running the full lien-sale process?
Yes. Section 76-1607(4) lets you arrange a tow once rent and other charges have been unpaid for 60 days — no pre-sale notice or advertising required. Once the tower takes possession, you are not liable for damages to the vehicle, watercraft, or trailer. Importantly, your lien does not go away when the property leaves: the statute says "removal shall not release the operator's lien." The occupant can still redeem the property by paying in full any time before the actual tow begins (§ 76-1607(5)). After the tow, the towing company handles further disposition under Nebraska's general abandoned-vehicle laws — the Self-Service Storage Facilities Act does not control what happens next.
I sent the pre-sale notice by email and never got a response. Do I also need to send it by mail?
Only if you receive an automated undeliverable message. Under § 76-1607(8)(a), the email-to-mail fallback is triggered by "an automated message stating that the electronic mail cannot be delivered" — not by silence or non-response. If the email went through without a bounce, you are not required to also send verified mail. That said, if you cannot confirm delivery, sending verified mail as a backup is prudent practice to protect your lien enforcement.
Do I need to run a newspaper ad before holding the sale?
No. Nebraska requires only that you advertise in "any commercially reasonable manner" at least 7 days before the sale (§ 76-1607(2)(b)). Newspaper publication is not required. The advertising is deemed commercially reasonable when at least three independent bidders attend in person or online. Separately, a "commercially reasonable sale" under § 76-1602 requires at least three persons attending by any method — in person, online, by phone, or otherwise. You must also mail a copy of the sale advertisement to any holder of a recorded lien or security interest on the stored property at least 7 days before the sale.
What happens to surplus sale proceeds if the tenant never claims them?
Hold the surplus for one year after the sale date and make it available to the occupant on demand (§ 76-1607(6)(b)). If the occupant does not claim the balance within one year, the money becomes abandoned property under Nebraska law and you must report it and remit it to the Nebraska State Treasurer under the Uniform Disposition of Unclaimed Property Act (Neb. Rev. Stat. § 69-1329 et seq.). Keep records of the sale amount and distribution so you can calculate the exact one-year deadline.
How much can I charge in late fees, and do I need to disclose the amount?
The Self-Service Storage Facilities Act sets no cap on late fees — the amount is entirely controlled by your rental agreement (§§ 76-1605(1), 76-1609). Your lien covers whatever late fees are stated in the rental agreement. The statute requires the rental agreement to contain a bold-type statement about the lien and the risk of sale (§ 76-1605(3)), but does not specifically require a separate late-fee disclosure box. Best practice is to state the late fee amount or formula clearly in the agreement so the charge is unambiguous if you need to include it in a lien claim.
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