New Mexico 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 — occupant fails to perform any obligation under the rental agreement (e.g., rent goes unpaid on the due date)

   Lien attaches; default begins

   The owner's lien on all personal property in the leased space attaches automatically on the date of default and continues as long as the owner retains possession of the property, until the default is corrected, or until a sale or other disposition is completed. No court action or external filing is required. The rental agreement must notify the occupant that stored property may be sold to satisfy unpaid charges.

   NMSA §§ 48-11-3, 48-11-5

2. 02

   After 5 continuous days of default — the earliest action the statute expressly authorizes

   Access denial

   After the occupant has been in default for five consecutive days, the owner may deny the occupant access to the leased space. Document the date default began; all subsequent deadlines run from that date. The operator is not required to wait the full five days to send a default notice, but access denial is not permitted before day five.

   NMSA § 48-11-7(A)(1)

3. 03

   After 30 continuous days of default

   Property removal to safe location

   Once the occupant has been in default for 30 days, the owner may remove the personal property from the leased space and store it in a safe place. Upon removal, the owner must send a notice of intent to enforce the lien to the occupant at the occupant's last known address within five days of entering the space, and must also notify all lienholders listed in the disclosure provision of the rental agreement. Removal does not end the lien — it continues at the new location.

   NMSA § 48-11-7(A)(2)

4. 04

   Before any sale — sent once the operator decides to proceed; notice must give at least 15 days to pay

   Notice of intent to enforce lien

   The owner sends a notice of intent to enforce the lien by verified mail or electronic mail (per the occupant's election at the time of the rental agreement). If sent by electronic mail and no response, return receipt, or delivery confirmation is received within three business days, the owner must also send a one-time verified mail notice. The notice must include: (1) an itemized statement of amounts due; (2) a property description; (3) denial-of-access information with owner contact details; (4) a payment demand with a cure deadline of not less than 15 days from delivery; and (5) a conspicuous statement that unpaid property will be advertised and sold.

   NMSA § 48-11-7(B)–(D)

5. 05

   At any time before the sale or other disposition is completed

   Occupant's redemption window

   Up until the moment the sale takes place, the occupant may pay the full amount required to satisfy the lien — all unpaid rent, charges, and reasonable enforcement expenses — and redeem the personal property. The owner must return the property upon receipt of full payment, and thereafter has no liability to any person with regard to that personal property.

   NMSA § 48-11-7(H)

6. 06

   After the cure deadline in the notice has passed — must advertise once a week for 2 consecutive weeks; sale may not occur less than 15 days after first publication

   Advertise the sale

   After the cure period expires, the owner must publish a sale advertisement once a week for two consecutive weeks in a newspaper of general circulation in the county where the facility is located. The advertisement must include a property description, the facility address, the occupant's name and last known address, and the time, place, and manner of sale. The sale may not occur sooner than fifteen days after the first publication. If no newspaper of general circulation exists in the county, the owner may instead post notices in at least six conspicuous locations in the neighborhood of the facility at least ten days before the sale.

   NMSA § 48-11-7(E)

7. 07

   No earlier than 90 days of continuous default AND at least 15 days after first advertisement

   Conduct sale; apply proceeds

   No sale action may be taken until the occupant has been in continuous default for 90 days — this is the binding gate, regardless of when the notice or advertisement was sent. The sale may be held at the storage facility, at the nearest suitable place within the county where the property is held or stored, or on a publicly accessible online web site. A good-faith purchaser takes the property free of any rights of an unsecured lienholder and free of any rights of a secured lienholder who received proper notice. Apply proceeds first to the lien; hold any surplus for other valid claimants. Any unclaimed balance vests in the owner after two years.

   NMSA § 48-11-7(A)(3), (G), (I), (J)

Notice requirements

NMSA § 48-11-7(B)–(D)

Sale rules

Method

The sale may be held at the self-service storage facility, at the nearest suitable place within the county to where the personal property is held or stored, or on a publicly accessible online web site (NMSA § 48-11-7(G)). Any sale or disposition must conform to the terms of the notification (NMSA § 48-11-7(F)). A good-faith purchaser takes the property free of any rights of an unsecured lienholder and free of any rights of a secured lienholder who received notice (NMSA § 48-11-7(I)). No sale may occur until the occupant has been in continuous default for 90 days (NMSA § 48-11-7(A)(3)).

Advertising

After the cure period expires, publish once a week for two consecutive weeks in a newspaper of general circulation in the county where the facility is located (NMSA § 48-11-7(E)). The advertisement must include a property description, the facility address, the occupant's name and last known address, and the time, place, and manner of sale. The sale may not occur sooner than 15 days after the first publication. If no county newspaper of general circulation exists, post notices in at least six conspicuous neighborhood locations at least ten days before the sale.

Proceeds & surplus

After the sale, the owner satisfies the lien from the proceeds, subject to the rights of any prior lienholder who has not received notice. If the sale was made in good faith and in a reasonable manner, the owner shall not be subject to any surcharge for a deficiency in a prior secured lien amount, but shall hold any balance for delivery to the occupant, lienholder, or other person in interest (NMSA § 48-11-7(J)). If unclaimed within two years of the sale date, the balance becomes the owner's property without further recourse. Verify separately whether NMSA Chapter 7, Article 8A (Unclaimed Property Act) imposes any independent escheat obligation.

NMSA § 48-11-7(A)(3), (E), (F), (G), (I), (J)

Late fees

No statutory late-fee cap applies to New Mexico self-service storage. A cap (the greater of $20 or 20% of monthly rent) was proposed in the 2015 session (SB 311) but stripped before passage (Laws 2015, ch. 118). A substantially identical cap was proposed again in 2025 (SB 180) but the bill died in the House. Under current law the amount and timing of any late fee are governed entirely by the rental agreement. Disclose the fee in writing before collecting it. No minimum waiting period is prescribed by statute.

NMSA §§ 48-11-3, 48-11-5; Laws 2015, ch. 118 (SB 311) — late-fee provision omitted from final enrolled bill

Operator questions