LotWardenLien laws by state

Storage lien laws · State guide

New Jersey storage lien laws

N.J.S.A. 2A:44-187 to 2A:44-192 — Self-Service Storage Facility Act (P.L. 1983, c.136; am. P.L. 2013, c.128; supp. P.L. 2017, c.368) →Verified 2026-06-11

New Jersey's Self-Service Storage Facility Act (N.J.S.A. 2A:44-187 to 2A:44-192) gives facility owners a lien on stored personal property that attaches on the day the property arrives. Once rent is more than 30 days overdue the owner may start enforcement: send a written default notice giving the occupant at least 14 days to pay, advertise the sale once a week for two consecutive weeks in a local newspaper, then hold a public sale no sooner than 15 days after the final ad (§ 2A:44-191). Notice may be delivered in person, by verified mail, or by email, with a verified-mail fallback if email bounces. Motor vehicles and watercraft in default for 60 consecutive days may be towed (§ 2A:44-191(h)); trailers are excluded. Sales may be held on a public online auction site (C.2A:44-191.1, P.L. 2017, c.368). Late fees capped at up to $20/month or 18% of rent, whichever is greater (C.2A:44-189.1, P.L. 2017, c.368).

At a glance

NJ · verified 2026-06-11
Statute
N.J.S.A. 2A:44-187 to 2A:44-192 — Self-Service Storage Facility Act (P.L. 1983, c.136; am. P.L. 2013, c.128; supp. P.L. 2017, c.368)
Notice delivery
Personal delivery to the occupant (§ 2A:44-191(b)) · Verified mail (any USPS or private-delivery-service method that provides evidence of mailing) to the occupant's last known postal address — notice is presumed delivered when deposited with proper postage (§§ 2A:44-188, 2A:44-191(b)) · Electronic mail to the occupant's last known email address — expressly authorized since P.L. 2013, c.128; if the owner sends email and does not receive an electronic receipt establishing delivery, verified mail to the last known postal address becomes the required fallback (§ 2A:44-191(b))
Sale method
The sale must be a public sale. It may be held at the self-service storage facility, at the nearest suitable place where the property is stored, or — since P.L. 2017, c.368 (C.2A:44-191.1) — on an online publicly accessible auction website, provided all notice requirements of § 2A:44-191 have been satisfied. A good-faith purchaser takes the property free of all rights against which the lien was valid, regardless of any procedural noncompliance. The owner may purchase property at the sale to satisfy the lien.
Late fees
Statutory safe-harbor cap: P.L. 2017, c.368 (A3293, signed January 16, 2018), codified at C.2A:44-189.1: a monthly late fee of up to $20 or 18% of the monthly rent, whichever is greater, is deemed reasonable and does not constitute a penalty. Operators charging at or below this threshold are in statutory compliance. Fees above the cap lose the safe harbor but are not automatically void. No grace period is specified in the act — the rental agreement controls. The introduced bill proposed 20%; committee amendments (Oct and Dec 2017) reduced it to 18% before enactment.
Vehicles & boats
The act provides no DMV title-transfer or certificate-of-title procedure for the storage operator. After towing at 60 days of default, title and disposal are governed by New Jersey's abandoned-vehicle statutes (N.J.S.A. 39:4-56.5 et seq. and N.J.S.A. 39:10A-9 et seq.) and the MVC's Abandoned Title Unit — not by the Self-Service Storage Facility Act. Operators storing titled property should coordinate with a licensed tower and the MVC rather than attempting a standard lien sale on a titled vehicle. Boats registered with the NJ Division of Fish and Wildlife may have a parallel process; confirm with the applicable agency.

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

    The day the occupant's personal property is brought to the facility

    Lien attaches — Day 0

    The statute gives the owner an automatic lien on all personal property stored at the facility for unpaid rent, labor, other reasonable charges specified in the rental agreement, and expenses necessary for preservation or sale. The lien attaches as of that initial deposit date and is superior to all other liens except those established under N.J.S. 2A:37-20, sections 3 and 12 of P.L. 1966, c.30 (sales-tax and inheritance-tax liens), and any lien the occupant disclosed in writing to the owner.

    N.J.S.A. 2A:44-189

  2. 02

    After the claim has been overdue for more than 30 days

    Enforcement threshold — more than 30 days overdue

    The statute allows the owner to begin the lien-satisfaction process once the claim is more than 30 days overdue. The act does not create a separate, shorter lockout threshold: under current enacted law the only express statutory basis to deny access is while satisfying a lien under § 2A:44-189. A 2026 introduced bill (S970) would codify this restriction explicitly but has not been enacted. Consult NJ counsel before denying access prior to initiating the formal lien process.

    N.J.S.A. 2A:44-191(a)

  3. 03

    At or after the 30-day overdue threshold — sent before advertising

    Send written default notice

    The owner delivers a written notice to the occupant (and, if different, any other lienholder of record) containing all five required items: itemized claim, general property description, denial-of-access contact, payment demand giving at least 14 days, and a conspicuous warning that the property will be advertised for sale. Deliver in person, by verified mail, or by email. If email is chosen and no electronic receipt confirming delivery is received, the owner must follow up with verified mail before proceeding.

    N.J.S.A. 2A:44-191(b)–(c)

  4. 04

    Minimum 14 days from the date the notice is delivered — no advertisement permitted during this window

    Cure period — at least 14 days after notice delivery

    The occupant has at least 14 days from notice delivery to pay the full amount due. The right of redemption continues until the moment of sale: before any sale the occupant may pay the lien amount plus the owner's reasonable expenses to get the property back, and the owner must return it. Once payment is made in full, the owner has no further liability.

    N.J.S.A. 2A:44-191(c)(4), (f)

  5. 05

    After the cure period expires and the account remains unpaid

    Advertise the sale — two consecutive weekly publications

    The owner publishes a sale advertisement once per week for two consecutive weeks in a newspaper of general circulation in the area where the facility is located. The ad must include: a brief general description of the property, the facility address and unit number, the occupant's name, and the time, place, and manner of sale. If no newspaper of general circulation exists in the area, the owner must post written notices in at least six conspicuous places in the neighborhood at least 10 days before the sale. Since P.L. 2017, c.368, the owner may also conduct the sale on an online publicly accessible auction website, provided all notice requirements are met.

    N.J.S.A. 2A:44-191(d)–(e); N.J.S.A. 2A:44-191.1 (online sale, P.L. 2017, c.368)

  6. 06

    No sooner than 15 days after the final newspaper publication

    Conduct lien sale

    The sale must be public. It may be held at the self-service storage facility, at the nearest suitable place to the facility, or on a publicly accessible online auction website (authorized by P.L. 2017, c.368, C.2A:44-191.1). A good-faith purchaser takes the property free of all rights of persons against whom the lien was valid, even if the owner did not fully comply with the Act's procedures. The owner may bid at and purchase property at the sale.

    N.J.S.A. 2A:44-191(e)–(g); N.J.S.A. 2A:44-191.1

  7. 07

    Immediately after sale

    Apply proceeds and handle surplus

    The owner satisfies the lien — unpaid rent, charges, and reasonable sale expenses — from the proceeds. Any balance (surplus) must be deposited in an interest-bearing account with written notice to the occupant. The Self-Service Storage Facility Act does not set a deadline for remitting unclaimed surplus to the state; the New Jersey Unclaimed Property Act (N.J.S.A. 46:30B et seq.) likely governs after the applicable dormancy period — confirm with counsel for the current dormancy period applicable to this property category.

    N.J.S.A. 2A:44-191(j)–(k)

Notice requirements

Permitted delivery

  • Personal delivery to the occupant (§ 2A:44-191(b))
  • Verified mail (any USPS or private-delivery-service method that provides evidence of mailing) to the occupant's last known postal address — notice is presumed delivered when deposited with proper postage (§§ 2A:44-188, 2A:44-191(b))
  • Electronic mail to the occupant's last known email address — expressly authorized since P.L. 2013, c.128; if the owner sends email and does not receive an electronic receipt establishing delivery, verified mail to the last known postal address becomes the required fallback (§ 2A:44-191(b))

The notice must include

  • An itemized statement of the owner's claim showing the total sum due and the date when the sum became due (§ 2A:44-191(c)(1))
  • A brief and general description of the personal property subject to the lien — locked containers may be described as a unit without itemizing contents (§ 2A:44-191(c)(2))
  • A denial-of-access notice with the name and contact information of the owner or owner's agent whom the occupant may contact (§ 2A:44-191(c)(3))
  • A demand for payment within a specified time of not less than 14 days after delivery of the notice (§ 2A:44-191(c)(4))
  • A conspicuous statement that, if the claim is not paid in the time given, the personal property will be advertised for sale with the time and place specified (§ 2A:44-191(c)(5))

N.J.S.A. 2A:44-191(b)–(c); N.J.S.A. 2A:44-188 (definitions)

The part most guides skip

Vehicles, boats & RVs

New Jersey's Self-Service Storage Facility Act addresses motor vehicles and watercraft through a dedicated towing provision in § 2A:44-191(h), added by the 2013 amendment (P.L. 2013, c.128). If the stored property is a motor vehicle or watercraft and rent and other charges have been in default for 60 consecutive days, the owner may authorize towing without going through the standard newspaper-advertisement and public-auction process for that piece of property. Before towing, the owner must send the occupant — by verified or electronic mail to the last known address — the name, address, and telephone number of the towing company and the street address of the facility where the towed property can be redeemed. Once the towing company takes possession, the owner is not liable for the motor vehicle or watercraft or any damage to it. The statute uses only the terms "motor vehicle" and "watercraft." Trailers are not mentioned and are not covered: the New Jersey Title 39 definition of "motor vehicle" (N.J.S.A. 39:1-1) expressly excludes trailers, so boat trailers and fifth-wheel trailers do not qualify for the 60-day tow shortcut and must instead go through the standard lien-enforcement track (notice, advertising, public or online sale). If a towed vehicle is not redeemed, the towing company and the NJ Motor Vehicle Commission's Abandoned Title Unit (609-341-5718) govern the subsequent title and disposal process under Title 39 — that process is outside the Self-Service Storage Facility Act.

Titled property path

The act provides no DMV title-transfer or certificate-of-title procedure for the storage operator. After towing at 60 days of default, title and disposal are governed by New Jersey's abandoned-vehicle statutes (N.J.S.A. 39:4-56.5 et seq. and N.J.S.A. 39:10A-9 et seq.) and the MVC's Abandoned Title Unit — not by the Self-Service Storage Facility Act. Operators storing titled property should coordinate with a licensed tower and the MVC rather than attempting a standard lien sale on a titled vehicle. Boats registered with the NJ Division of Fish and Wildlife may have a parallel process; confirm with the applicable agency.

N.J.S.A. 2A:44-191(h); N.J.S.A. 39:1-1 (motor vehicle definition, excludes trailers); N.J.S.A. 39:4-56.5; N.J.S.A. 39:10A-9

Sale rules

Method
The sale must be a public sale. It may be held at the self-service storage facility, at the nearest suitable place where the property is stored, or — since P.L. 2017, c.368 (C.2A:44-191.1) — on an online publicly accessible auction website, provided all notice requirements of § 2A:44-191 have been satisfied. A good-faith purchaser takes the property free of all rights against which the lien was valid, regardless of any procedural noncompliance. The owner may purchase property at the sale to satisfy the lien.
Advertising
Publish once per week for two consecutive weeks in a newspaper of general circulation where the facility is located. The advertisement must include: (1) a brief general description of the property reasonably adequate to permit identification; (2) the facility address and unit number, and the occupant's name; and (3) the time, place, and manner of the sale. Alternative when no qualifying newspaper exists: post written notices in at least six conspicuous places in the neighborhood at least 10 days before the sale. The sale may not take place sooner than 15 days after the final publication.
Proceeds & surplus
The owner applies proceeds first to satisfy the lien (unpaid rent, charges, reasonable expenses of sale and enforcement). Any surplus must be deposited in an interest-bearing account with notice to the occupant. The owner's liability for a completed sale is limited to the net proceeds received — the owner is not liable for any identity theft or misuse of information in documents or electronic media sold that the owner did not have actual knowledge of.

N.J.S.A. 2A:44-191(d)–(k); N.J.S.A. 2A:44-191.1 (P.L. 2017, c.368)

Late fees

Statutory safe-harbor cap: P.L. 2017, c.368 (A3293, signed January 16, 2018), codified at C.2A:44-189.1: a monthly late fee of up to $20 or 18% of the monthly rent, whichever is greater, is deemed reasonable and does not constitute a penalty. Operators charging at or below this threshold are in statutory compliance. Fees above the cap lose the safe harbor but are not automatically void. No grace period is specified in the act — the rental agreement controls. The introduced bill proposed 20%; committee amendments (Oct and Dec 2017) reduced it to 18% before enactment.

N.J.S.A. 2A:44-189.1 (added by P.L. 2017, c.368, C.2A:44-189.1)

Operator questions

My tenant has an RV stored on my outdoor lot and hasn't paid in 65 days. Can I tow it?

Probably yes for the vehicle itself, but verify the classification. The statute authorizes towing of a "motor vehicle or watercraft" after 60 consecutive days of default (§ 2A:44-191(h)). If the RV is registered as a motor vehicle in New Jersey, it almost certainly qualifies. Before towing, send the tenant a notice — by verified or electronic mail — that includes the towing company name, address, and phone number, and your facility's street address for redemption. Once the tower takes possession you are no longer liable for the vehicle or damage to it. If the tenant never redeems it, contact the NJ MVC Abandoned Title Unit (609-341-5718) for the post-tow title process — that is not governed by the Self-Service Storage Facility Act.

I have a boat and a boat trailer both stored by the same delinquent tenant. Do the same 60-day tow rules apply to both?

No — they are treated differently. The boat qualifies as a watercraft and falls squarely within the § 2A:44-191(h) tow provision. The boat trailer does not: N.J.S.A. 39:1-1 defines "motor vehicle" in a way that expressly excludes trailers, so a trailer is outside the towing shortcut. For the trailer, proceed through the standard lien-enforcement track — notice, two-week newspaper advertising, and public or online sale — rather than towing. Get NJ counsel to confirm before towing the trailer separately.

Can I email the default notice instead of mailing it?

Yes — email is an expressly permitted delivery method since the 2013 amendment (P.L. 2013, c.128). Send to the last known email address in the rental agreement or the most recent written update from the tenant. There is one catch: if you send the email and do not receive an electronic receipt establishing delivery, the statute requires you to follow up with verified mail before proceeding. Build that fallback step into your process. Using certified mail from the start is the safest practice if you have any doubt about the tenant's email.

How long does the whole lien process take from first missed payment to sale?

The minimum timeline runs roughly 60-plus days for standard personal property: more than 30 days overdue before you can start, then send the notice giving at least 14 days to pay, then advertise once a week for two weeks, then wait at least 15 days after the final ad before holding the sale. In practice that is about 30 + 14 + 14 + 15 = 73 days from the first overdue day, assuming you send the notice immediately and the newspaper runs on schedule. For motor vehicles and watercraft, you can tow at 60 days of default instead of following the full sale track.

Can I run the lien sale on an online auction site instead of in person?

Yes. P.L. 2017, c.368 (C.2A:44-191.1) authorizes sales on a publicly accessible online auction website, so long as all of the notice and advertising requirements under § 2A:44-191 are satisfied. You must still publish the sale advertisement in a local newspaper (or post six conspicuous notices if no newspaper exists) and wait the required 15 days after the final publication before selling. The online platform is the venue for the sale itself — it does not replace the newspaper advertising step.

How much can I charge in late fees?

P.L. 2017, c.368 (C.2A:44-189.1) set a statutory safe harbor: up to $20 per month or 18% of the monthly rent for the space, whichever is greater, is deemed reasonable and not a penalty. Charge at or below that threshold and you are within the statute. The act does not specify a grace period before the fee kicks in — your rental agreement controls that. Late fees are part of the lien amount and can be included in the default notice.

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