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Storage lien laws · State guide

New York storage lien laws

New York Lien Law, Article 8, Section 182 — Self-Storage Facilities; Lien →Verified 2026-06-11

New York Lien Law § 182 grants a self-storage facility owner a lien on all personal property stored at the facility from the moment it arrives, covering unpaid occupancy fees, other charges, and reasonable sale expenses (§ 182(6)). Before enforcing the lien the owner must send a written notice giving the occupant at least 30 days to pay; the notice must state that if payment is not made the goods will be advertised for sale and sold in a commercially reasonable manner (§ 182(7)(a)). The statute sets no specific advertising medium — "commercially reasonable" governs — though general Lien Law § 202 newspaper practice (once a week for two consecutive weeks; sale no sooner than 15 days after first publication) is widely followed. Section 182 contains no enacted surplus provision and is silent on motor vehicles, boats, and RVs; a separate NY DMV process (Forms MV-901A / MV-905) governs lien sales of titled property. No statutory late fee cap exists; contract controls.

At a glance

NY · verified 2026-06-11
Statute
New York Lien Law, Article 8, Section 182 — Self-Storage Facilities; Lien
Notice delivery
Personal delivery to the occupant (Lien Law § 182(7)(a)) · Registered or certified mail to the occupant's last known address (Lien Law § 182(7)(b)) · Verified mail (any method providing proof of delivery) to the occupant's last known address (Lien Law § 182(7)(b)) · Electronic mail — only if (i) the occupancy agreement affirmatively states that the occupant has consented to receive late or lien notices by electronic mail, and (ii) the occupant provided the occupant's electronic mail address in at least two locations within the occupancy agreement (Lien Law § 182(7)(a), as amended by Ch. 424, Laws of 2019). Notice sent by email is deemed delivered when either a non-automated response or a receipt of delivery to the electronic mail address is received (Lien Law § 182(7)(b)).
Sale method
Public or private sale, conducted in block or in parcel, at any time or place, on commercially reasonable terms (§ 182(7)(a)). The fact that a better price could have been obtained by different timing or method is not by itself sufficient to establish that the sale was not commercially reasonable (§ 182(8)). No statutory requirement mandates a public auction over a private sale, but "commercially reasonable" is the governing standard.
Late fees
Section 182 imposes no statutory cap on late fees — contract controls. The lien covers "other charges pursuant to the occupancy agreement" (§ 182(6)), including contractual late fees. The agreement must itemize all non-rent charges in at least 10-point bold type (§ 182(2)); undisclosed fees may not be collectible and could trigger private damages under § 182(4) or AG enforcement under § 182(5). Important: the figure "$20 or 20% of the monthly charge" circulates in secondary sources but is from proposed legislation that was never enacted — it is not a rule in current New York law. Multiple bills have proposed statutory caps; none have been signed into law.
Vehicles & boats
The NY DMV has designated Form MV-905 (Self-Storage Owner/Operator Affirmation and Bill of Sale) specifically for self-storage operators selling a stored vehicle or boat through a lien process. The operator also uses MV-901A (Notice of Lien and Sale) to provide the required notice to the owner and lienholders before the sale. After a compliant public auction, MV-905 combined with the auction documentation gives the purchaser the basis to apply to DMV for a new certificate of title — the storage operator does not execute or transfer title directly. The operator must notify all recorded lienholders on the certificate of title as part of the MV-901A process.

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 — property delivered to the facility

    Lien attaches

    The owner's lien attaches on all personal property stored at the facility the moment it is delivered. The lien covers unpaid occupancy fees, other contractual charges, expenses necessary for preservation of the goods, and expenses reasonably incurred in the sale. No default or action by the owner is needed for attachment.

    Lien Law § 182(6)

  2. 02

    After default — no minimum waiting period before sending the notice is specified; owner may send as soon as occupant is in default on occupancy fees

    Send lien enforcement notice

    The owner sends written notice to all persons known to claim an interest in the goods, including an itemized statement of charges, a property description, the nature of the proposed sale, a demand for payment within at least 30 days, a conspicuous warning that goods will be advertised and sold if unpaid, the time and place of the sale, and a statement that any interested person has 10 days from service to bring a special proceeding disputing the lien (§ 182(7)(a)). Notice may be sent by certified/registered mail, verified mail, or email. Email is permitted only if the occupancy agreement affirmatively states the occupant's consent and the occupant provided an email address in at least two locations within the agreement (§ 182(7)(a)). Email is deemed delivered only when a non-automated response or delivery receipt is received (§ 182(7)(b)).

    Lien Law § 182(7)(a)–(b)

  3. 03

    Days 1–30 (minimum) after notice is mailed

    30-day cure period

    The occupant has at least 30 days from the mailing of the notice to pay the full amount stated. The occupant may redeem the goods at any point before the sale is complete by paying the full amount of the lien and any expenses incurred. No sale may proceed during this window.

    Lien Law § 182(7)(a)

  4. 04

    After the 30-day cure period expires unpaid — before the sale date stated in the notice

    Advertise the sale

    Section 182 contains no express advertising sub-provision as currently enacted — the statute requires only that the notice state goods "will be advertised for sale" and that the sale be "commercially reasonable" (§ 182(7)(a), § 182(8)). Industry practice follows general Lien Law § 202 (a separate enacted provision): publish notice once a week for two consecutive weeks in a newspaper of general circulation in the town or city of the sale; hold the sale no sooner than 15 days after first publication. If no newspaper exists in that town, post notice in at least six conspicuous locations at least 10 days before the sale. Pending bills A8552A and S6220A (2025–2026, both in committee as of June 2026) would codify this within § 182 and add online auction sites as a permitted alternative. Neither is enacted. Confirm acceptable advertising methods with NY-licensed counsel before a sale.

    Lien Law § 182(7)(a), § 182(8); Lien Law § 202 (general advertising rule)

  5. 05

    After the advertising period — on or after the date and at the place stated in the notice

    Conduct the sale

    The sale may be public or private, conducted in block or in parcel, on any commercially reasonable terms. A better price obtainable by different timing or method does not by itself make the sale commercially unreasonable (§ 182(8)). The sale extinguishes the occupant's right to redeem the goods. The sale proceeds are applied first to the lien amount (occupancy fees, other charges) and then to reasonable expenses of the sale.

    Lien Law § 182(7)(a), § 182(8)

  6. 06

    Immediately after the sale

    Handle surplus proceeds

    Section 182 contains no enacted surplus proceeds provision. Proceeds cover the lien and reasonable sale expenses. Any surplus above that amount belongs to the occupant under general equitable principles. New York's Abandoned Property Law (Article VII) governs unclaimed personal-property funds generally and likely requires remitting any unclaimed surplus to the state. Pending bills A8552A and S6220A (2025–2026 session, both in committee as of June 2026) would codify a requirement to hold surplus on demand for the occupant, with unclaimed balances escheating to the state unclaimed property fund after one year. Neither is enacted. Track any surplus carefully and confirm your specific escheatment obligation with counsel.

    Lien Law § 182(7)(a); NY Abandoned Property Law Art. VII (general rule pending § 182 amendment)

Notice requirements

Permitted delivery

  • Personal delivery to the occupant (Lien Law § 182(7)(a))
  • Registered or certified mail to the occupant's last known address (Lien Law § 182(7)(b))
  • Verified mail (any method providing proof of delivery) to the occupant's last known address (Lien Law § 182(7)(b))
  • Electronic mail — only if (i) the occupancy agreement affirmatively states that the occupant has consented to receive late or lien notices by electronic mail, and (ii) the occupant provided the occupant's electronic mail address in at least two locations within the occupancy agreement (Lien Law § 182(7)(a), as amended by Ch. 424, Laws of 2019). Notice sent by email is deemed delivered when either a non-automated response or a receipt of delivery to the electronic mail address is received (Lien Law § 182(7)(b)).

The notice must include

  • An itemized statement of the amount due (all occupancy fees and other charges owed)
  • A description of the personal property subject to the lien
  • The nature of the proposed sale (public or private, commercially reasonable)
  • A demand for payment within a specified time not less than 30 days from mailing of the notice
  • A conspicuous statement that unless the claimant pays within that time the goods will be advertised for sale and sold at public or private sale in a commercially reasonable manner
  • The time and place of any public or private sale
  • A statement that any person claiming an interest in the goods may bring a special proceeding within 10 days of service of the notice if they dispute the validity of the lien or the amount claimed

Lien Law § 182(7)(a)–(b)

The part most guides skip

Vehicles, boats & RVs

Section 182 is entirely silent on motor vehicles, boats, watercraft, RVs, and other titled property — the statute makes no distinction between a box of furniture and a 30-foot boat trailer. This silence is the story: there is no dedicated vehicle track within § 182 as currently enacted. In practice, NY self-storage operators who store titled vehicles or watercraft follow a separate NY DMV process. The operator uses DMV Form MV-901A (Notice of Lien and Sale) to notify the owner and all recorded lienholders of the intent to sell; a sale notice is then published (10 days from service before publication, 15 days from first publication before the sale); after the auction, the operator completes Form MV-905 (Self-Storage Owner/Operator Affirmation and Bill of Sale), which serves as the sworn certification that the statutory process was followed and becomes the basis for the purchaser to obtain a new certificate of title from DMV. Boats and watercraft stored at the facility follow the same MV-905 path. Lien Law § 184 provides bailee lien rights for garages and repair facilities for motor vehicles, motorboats, and aircraft, but its application to a pure-storage self-storage facility (no repair, no maintenance services) is unsettled. Multiple pending bills (A8552A / S6220A, S9610) would add a 60-day notice period for motor vehicles and watercraft within § 182 itself, and would authorize towing after 60 consecutive days of default as an alternative to a lien sale. None are enacted as of the last verified date.

Titled property path

The NY DMV has designated Form MV-905 (Self-Storage Owner/Operator Affirmation and Bill of Sale) specifically for self-storage operators selling a stored vehicle or boat through a lien process. The operator also uses MV-901A (Notice of Lien and Sale) to provide the required notice to the owner and lienholders before the sale. After a compliant public auction, MV-905 combined with the auction documentation gives the purchaser the basis to apply to DMV for a new certificate of title — the storage operator does not execute or transfer title directly. The operator must notify all recorded lienholders on the certificate of title as part of the MV-901A process.

Lien Law § 182 (silent on titled property); Lien Law § 184 (bailee liens — garage/repair context); NY DMV Forms MV-901A, MV-905; NY Vehicle and Traffic Law (title transfer); Lien Law § 202 (advertising)

Sale rules

Method
Public or private sale, conducted in block or in parcel, at any time or place, on commercially reasonable terms (§ 182(7)(a)). The fact that a better price could have been obtained by different timing or method is not by itself sufficient to establish that the sale was not commercially reasonable (§ 182(8)). No statutory requirement mandates a public auction over a private sale, but "commercially reasonable" is the governing standard.
Advertising
Section 182 specifies no advertising medium — only "commercially reasonable" governs (§ 182(7)(a), § 182(8)). This is not a § 182 rule. Industry practice follows general Lien Law § 202 (a separate enacted provision): newspaper of general circulation in the town or city of the sale, once a week for two consecutive weeks; sale no sooner than 15 days after first publication. If no qualifying newspaper exists, post in at least six conspicuous locations at least 10 days before the sale. Pending bills A8552A and S6220A (2025–2026, both in committee) would codify this in § 182 and add online auction sites as an alternative. Neither is enacted.
Proceeds & surplus
Section 182 contains no enacted surplus proceeds provision. Sale proceeds cover the lien amount and reasonable expenses of the sale. Any surplus belongs to the occupant under general equitable principles. New York Abandoned Property Law (Article VII) governs unclaimed personal-property funds generally. Pending bills A8552A and S6220A (2025–2026, both in committee as of June 2026) would codify a requirement to hold surplus on demand for one year and then escheat unclaimed balances to the state unclaimed property fund. Neither is enacted.

Lien Law § 182(7)(a), § 182(8); Lien Law § 202 (advertising); NY Abandoned Property Law Art. VII (surplus)

Late fees

Section 182 imposes no statutory cap on late fees — contract controls. The lien covers "other charges pursuant to the occupancy agreement" (§ 182(6)), including contractual late fees. The agreement must itemize all non-rent charges in at least 10-point bold type (§ 182(2)); undisclosed fees may not be collectible and could trigger private damages under § 182(4) or AG enforcement under § 182(5). Important: the figure "$20 or 20% of the monthly charge" circulates in secondary sources but is from proposed legislation that was never enacted — it is not a rule in current New York law. Multiple bills have proposed statutory caps; none have been signed into law.

Lien Law § 182(2), § 182(4), § 182(5), § 182(6)

Operator questions

My tenant has not paid rent on a rented outdoor RV parking space for 60 days. Do I use the same § 182 process as for an indoor unit?

The § 182 lien process applies to the stored property (the RV), but § 182 is entirely silent on motor vehicles and watercraft — it makes no distinction for titled property. In practice, operators storing titled vehicles and boats follow a separate NY DMV path: serve a Notice of Lien and Sale (Form MV-901A) on the owner and all recorded lienholders, publish the sale notice (10 days from service before publishing, then 15 days from first publication before the sale), conduct a public auction, and complete Form MV-905 (Self-Storage Owner/Operator Affirmation and Bill of Sale) to give the buyer the basis for a DMV title transfer. Multiple pending bills (A8552A, S6220A) would add a 60-day notice requirement for motor vehicles and watercraft within § 182 itself and authorize towing as an alternative to a lien sale. Those bills are not yet enacted. Confirm the correct process with NY-licensed counsel before proceeding on any titled vehicle.

Can I send the 30-day lien notice by email to save time and money?

Only if (i) the occupancy agreement affirmatively states that the occupant has consented to receive late or lien notices by electronic mail, and (ii) the occupant provided the occupant's email address in at least two locations within the occupancy agreement (Lien Law § 182(7)(a), as amended by Ch. 424, Laws of 2019). Even then, the email notice is deemed delivered only when you receive either a non-automated response or a receipt of delivery — a "sent" timestamp is not sufficient (Lien Law § 182(7)(b)). If you cannot confirm delivery, use certified or registered mail to the last known address. Certified mail with a return receipt is the safest method. Verified mail — any method that generates proof of delivery — is also permitted.

What exactly must go in the lien enforcement notice?

Section 182(7)(a) requires seven things: (1) an itemized statement of all amounts due; (2) a description of the property subject to the lien; (3) the nature of the proposed sale (public or private, commercially reasonable); (4) a demand for payment within a specified time not less than 30 days from the mailing date; (5) a conspicuous statement that unless the claimant pays within that time the goods will be advertised for sale and sold in a commercially reasonable manner; (6) the time and place of the proposed sale; and (7) a statement that any person claiming an interest in the goods may bring a court proceeding within 10 days of service if they dispute the lien's validity or the amount claimed. Missing any of these elements can expose the sale to challenge under § 182(9).

If the auction brings more than the tenant owes, do I keep the difference?

Not without risk. Section 182 does not contain an enacted surplus proceeds provision as of the last verified date. Any excess above the lien amount and reasonable sale expenses is owed to the occupant under general equitable principles. New York Abandoned Property Law governs unclaimed funds generally and likely requires turning over unclaimed surplus to the state. Pending legislation (A8552A / S6220A) would codify a requirement to hold surplus on demand for one year then escheat it to the state unclaimed property fund. Until those bills are enacted, track any surplus carefully and consult counsel on your specific escheatment obligation.

Is there a newspaper ad requirement before a lien sale, or can I just post online?

Section 182 as currently enacted does not specify an advertising medium — it requires only that the notice state goods will be "advertised for sale" and that the sale be "commercially reasonable." The widely practiced approach, drawn from general Lien Law § 202, is to publish once a week for two consecutive weeks in a newspaper of general circulation in the town or city of the sale, with the sale held no sooner than 15 days after first publication. If no qualifying newspaper exists, post notice at least 10 days before the sale in at least six conspicuous locations. Pending bills would codify online auction sites as a permitted alternative. Until those bills pass, confirm the acceptable advertising method with NY-licensed counsel — "commercially reasonable" is a standard a court interprets after the fact.

Does New York set a cap on how much I can charge in late fees?

No. Section 182 imposes no statutory late fee cap. The occupancy agreement controls the amount, structure, and timing. Whatever the agreement says is enforceable as long as it was disclosed in the signed, 10-point bold-type agreement required by § 182(2). A late fee not disclosed in the signed agreement is not recoverable, and charging undisclosed fees could trigger a private damages claim under § 182(4) or an attorney general enforcement action under § 182(5). Multiple bills have proposed a cap — the most recent proposals suggest $20 or 20% of the monthly occupancy charge, whichever is greater — but none have been signed into law.

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