New Hampshire storage lien laws

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 — personal property placed in the rented space

   Lien attaches at move-in

   The statutory lien attaches automatically when personal property is stored in the rented space. The lien covers rent, fees, labor, and other charges, plus expenses reasonably incurred in any sale. No action by the owner is required for the lien to attach. The rental agreement must include bold-type disclosures that (1) the stored property is not insured by the facility owner, (2) a lien exists on all stored property, (3) the property may be sold for unpaid rent, and (4) late fees may apply.

   RSA 451-C:4

2. 02

   Day 5 of default — rent or other obligation 5 or more days unpaid

   Owner may deny access after 5 days of default

   Once a renter is in default for 5 or more days, the statute authorizes the owner to deny the renter access to the rented space in a reasonable and peaceable manner. Access remains restricted until the renter pays all outstanding rent, charges, fees, and expenses in full. The owner may also deny access immediately — without waiting for any period — if the owner reasonably suspects the space is being used for residential or other unlawful purposes.

   RSA 451-C:6

3. 03

   No sooner than Day 5 after default

   Initial default notice sent

   The statute authorizes the owner to send the initial notice of default to the renter and any known lienholders no sooner than 5 days after the renter defaults. Delivery may be by first-class mail, electronic mail, or personal delivery to the renter's last known address. Notice by mail is deemed delivered when deposited with the U.S. Postal Service with postage prepaid and properly addressed. Notice by email is deemed delivered when properly addressed and sent.

   RSA 451-C:8

4. 04

   No sooner than Day 14 after default

   Formal sale notice sent

   The owner sends the formal lien-sale notice no sooner than 14 days after the renter defaults. The statute (RSA 451-C:8) authorizes three delivery methods for the sale notice: personal delivery, electronic mail to the renter's last known email address, or verified mail to the renter's last known postal address. First-class mail is not authorized for the sale notice (it is available only for the earlier initial default notice). The notice must include: a lien statement, general property description, itemized charges with due dates, a payment demand with not less than 14 days to pay, the date/time/place (or website) of the proposed sale, and the owner's name, address, and phone number. If the property includes a motor vehicle or trailer, the DMV lien-inquiry process under RSA 451-C:10 must be completed before the sale proceeds.

   RSA 451-C:8

5. 05

   Before the sale — concurrent with or after the sale notice, for any motor vehicle or trailer

   DMV/Secretary of State lien inquiry (motor vehicles)

   If stored property includes a motor vehicle or trailer (defined broadly to include boats, watercraft, snowmobiles, and off-highway recreational vehicles), the owner must inquire in writing with the NH Division of Motor Vehicles and the Secretary of State about existing liens. The inquiry may be by verified mail, personal delivery, or any other method the DMV or Secretary of State permits. If no lien is found, or if no response is received within 14 days of a verified-mail inquiry, the owner may proceed with the sale. If a lien is found, the lienholder must receive a verified-mail notice of sale at least 14 days before the sale date, stating the time, place, property description, and amount owed. A lienholder with a properly perfected lien may remove the property within 14 days of receiving notice upon paying all unpaid rents, fees, charges, and expenses.

   RSA 451-C:10, I–III

6. 06

   After 30 days of unpaid rent, once notice periods are satisfied

   Sale conducted

   After 30 days of unpaid rent and after completing the RSA 451-C:8 and RSA 451-C:10 notice requirements, the owner may sell the personal property as a unit or in parcels at a private or public sale. Sales may be conducted in person at the facility, at any suitable location, or through a publicly accessible Internet website. No newspaper advertisement is required. For public in-person sales, the owner may postpone for inclement weather; if postponed, a new notice must be sent to the renter at least 5 days before the rescheduled sale date.

   RSA 451-C:11

7. 07

   Immediately after the sale

   Proceeds distributed; surplus held 90 days

   Sale proceeds are applied first to the owner's unpaid rent, charges, fees, and expenses. Any remaining surplus is held for 90 days from the sale date for delivery on demand to any lienholders of record or to the renter. If the surplus is unclaimed after 90 days, the owner must report and remit the balance as unclaimed property under RSA 471-C:19. The renter remains personally liable for any deficiency if sale proceeds do not cover the full amount owed.

   RSA 451-C:11

Notice requirements

RSA 451-C:8

Sale rules

Method

The owner may sell personal property as a unit or in parcels at a private or public sale. Sales may be conducted in person at the storage facility or any other suitable location, or through a publicly accessible Internet website (online auction). The statute does not require a specific bidding procedure (RSA 451-C:11). A purchaser who acts in good faith takes the property free and clear of the rights of the renter and any person claiming through the renter, even if the owner has not complied with the provisions of this chapter or the rental agreement (RSA 451-C:13).

Advertising

New Hampshire RSA Chapter 451-C imposes no newspaper advertising or public posting requirement before a lien sale. The pre-sale notice required by RSA 451-C:8 — sent to the renter by personal delivery, electronic mail, or verified mail — must specify the date, time, and place of the sale (or website URL for online sales). Note that first-class mail is authorized only for the earlier initial default notice, not for the sale notice itself. For motor vehicles with identified lienholders, a separate verified-mail notice to each lienholder at least 14 days before the sale is required under RSA 451-C:10, II.

Proceeds & surplus

After satisfying the owner's lien for rent, charges, fees, and expenses, any surplus is held by the owner for 90 days from the sale date for delivery on demand to any lienholders of record or to the renter. If unclaimed after 90 days, the owner reports and remits the surplus as unclaimed property per RSA 471-C:19. The renter is liable for any deficiency remaining after the sale (RSA 451-C:11).

RSA 451-C:11; RSA 451-C:13

Late fees

The statute establishes a safe-harbor standard: a late fee of $20 or 20 percent of each rental payment, whichever is greater, is deemed reasonable and does not constitute a penalty (RSA 451-C:7). The owner may not charge any late fee if the renter pays all outstanding amounts in full within 5 days of the due date (the 5-day grace period is mandatory). The rental agreement must disclose both the amount of the late fee and the conditions for imposing it. Late fees are in addition to any other remedy the owner has under law or contract.

RSA 451-C:7

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