LotWardenLien laws by state

Storage lien laws · State guide

North Dakota storage lien laws

North Dakota Century Code, Chapter 35-33 — Self-Service Storage Facility Liens (§§ 35-33-01 through 35-33-11) →Verified 2026-06-11

N.D.C.C. Chapter 35-33 gives self-service storage facility owners a lien on stored personal property for unpaid rent, late fees, labor, and enforcement costs. The lien attaches on default as stated in the default notice — not on the day property arrives (§ 35-33-02(1)). Enforcement: (1) deliver a default notice by personal delivery, verified mail, or e-mail giving the occupant at least 10 days to pay (§ 35-33-05(1)); (2) advertise the sale in a commercially reasonable manner at least 7 days before the sale date (§ 35-33-05(2)); (3) conduct a public or private sale by unit or in parcels (§ 35-33-03). Surplus proceeds are held for six months; unclaimed balances may be retained by the owner (§ 35-33-06). For motor vehicles, watercraft, and trailers, the owner may tow after 60 days of unpaid charges or use the standard sale process to obtain a DMV title transfer (§§ 35-33-10(1)–(2)). Late fees: $20 or 20% of the delinquent monthly payment, whichever is greater (§ 35-33-02(3)).

At a glance

ND · verified 2026-06-11
Statute
North Dakota Century Code, Chapter 35-33 — Self-Service Storage Facility Liens (§§ 35-33-01 through 35-33-11)
Notice delivery
Personal delivery to the occupant (§ 35-33-05(1)) · Verified mail — any postal service or private delivery method that includes evidence of mailing — to the occupant's last-known postal address (§§ 35-33-01(9), 35-33-05(1)) · Electronic mail to the occupant's last-known e-mail address, if the occupant provided one in the rental agreement or a subsequent written change-of-address notice (§§ 35-33-01(2), 35-33-05(1))
Sale method
The sale may be by public or private proceeding and may be conducted as a unit or in parcels (§ 35-33-03). The statute does not restrict the sale to a physical location — online lien-sale platforms satisfy the commercially reasonable standard if the three-bidder attendance condition is met (§ 35-33-05(2)). A good-faith purchaser takes the property clear of all rights of persons against whom the lien was valid (§ 35-33-07). After the sale, any property offered but not sold may be disposed of by the owner (§ 35-33-03).
Late fees
Section 35-33-02(3) authorizes the owner to "charge a late fee of twenty dollars or twenty percent of a delinquent monthly rent payment due under the rental agreement, whichever is greater, for each delinquent payment of rent, fees, or other charges due under the rental agreement." The formula applies per missed payment. The statute uses permissive ("may charge") language and expresses the formula as the authorized amount without explicitly declaring it a floor or ceiling. No published North Dakota case law has addressed fees above this formula. Best practice is to recite the late-fee amount in the rental agreement.
Vehicles & boats
The standard lien-sale process under Chapter 35-33 provides sufficient authority to transfer title through the ND DOT under N.D.C.C. § 39-05-19 — no separate court order is required (§ 35-33-10(1)). The ND DOT requires documentation including SFN 51269 (Request for Vehicle Information), SFN 60662 (Indemnifying Affidavit), a copy of the rental agreement, proof of the lien notice mailing, auction sale documentation showing the 7-day pre-sale posting, and SFN 2872 (Application for Certificate of Title). Confirm current form requirements and fees with the ND DOT before completing a transfer. For the towing alternative (§ 35-33-10(2)), after the tow company takes possession, disposal of the towed property is governed by the commercial towing service framework under N.D.C.C. § 23.1-15-01 — confirm procedures with the tow company and ND DOT before relying on this path.

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

    Default occurs

    "Default" means the occupant's failure to perform any obligation or duty at the time and in the manner set forth in the rental agreement or under Chapter 35-33 (§ 35-33-01(1)). There is no statutory waiting period before the owner may deny access or begin the notice process — access may be denied as soon as default occurs. The statute does not require any minimum days of delinquency before enforcement begins.

    N.D.C.C. §§ 35-33-01(1), 35-33-03

  2. 02

    Any time after default — notice must give occupant at least 10 days to pay

    Deliver default notice to occupant (and prior lienholders)

    The statute requires the owner to deliver a default notice in person, by verified mail, or by e-mail before conducting a sale. Notice must also be sent to any prior lienholders. The notice must include: (a) a statement that the space contents are subject to the owner's lien and access is denied; (b) the facility address, space number, and occupant's name; (c) the charges due, the date of default, and a payment demand with a deadline not less than 10 days after the notice date; (d) a bold-type warning that the contents will be sold if the claim is not paid; and (e) the owner's or agent's name, address, and telephone number. Verified mail is deemed delivered when deposited with the postal service or a private delivery service, properly addressed with postage prepaid. E-mail is deemed delivered when sent to the last-known e-mail address.

    N.D.C.C. § 35-33-05(1)(a)–(e)

  3. 03

    Upon default as stated in the default notice delivered to the occupant

    Lien attaches

    The owner's lien on the personal property stored in the space attaches upon the default described in the notice, not on the day the property arrived. The lien covers rent, labor, late fees, other charges, and expenses reasonably incurred in the sale or disposition of the property. The lien is superior to all other security interests except those perfected before the lien attaches.

    N.D.C.C. § 35-33-02(1)

  4. 04

    Day 10 (or later date specified in the notice) after the date of the notice

    Payment deadline expires — 10-day cure period ends

    If the occupant pays the full amount owed before the deadline, the lien is satisfied and no sale may proceed. The occupant may pay and redeem property at any time before the sale actually takes place (§ 35-33-06). If payment is not received by the deadline, the owner may proceed to advertise the sale.

    N.D.C.C. §§ 35-33-05(1)(c), 35-33-06

  5. 05

    At least 7 days before the scheduled sale date

    Advertise the sale

    The statute requires advertising the time, place, and terms of the sale in a commercially reasonable manner. An advertisement is deemed commercially reasonable if at least three independent bidders attend the sale in person or online at the advertised time and place. The statute does not specify a newspaper requirement — any commercially reasonable format (online lien-sale platform, newspaper, or other method) satisfies the requirement, provided the three-bidder attendance threshold is met.

    N.D.C.C. § 35-33-05(2)

  6. 06

    After the 7-day advertising period has run

    Conduct the sale

    The owner may sell by public or private proceeding and by unit or in parcels. The occupant may redeem the property by paying the full lien amount at any time before the sale. A good-faith purchaser at the sale takes the property free of all claims of persons against whom the lien was valid. After the sale, the owner may dispose of any property that was offered but remained unsold.

    N.D.C.C. §§ 35-33-03, 35-33-06, 35-33-07

  7. 07

    Immediately after the sale; surplus held for 6 months

    Apply proceeds and hold surplus

    The owner satisfies the lien from the sale proceeds and holds any balance for delivery on demand to the occupant or any other recorded lienholder. The surplus must be held for six months from the date of sale. After six months, any unclaimed balance may be retained by the owner (§ 35-33-06). The statute contains no remittance-to-state requirement within chapter 35-33 itself. However, North Dakota's Revised Uniform Unclaimed Property Act (N.D.C.C. Chapter 47-30.2, which replaced former chapter 47-30.1 effective 2021) may independently require reporting and remitting funds that qualify as unclaimed property after the dormancy period it specifies. Operators should confirm with counsel whether the § 35-33-06 "may retain" language constitutes a complete carve-out from chapter 47-30.2 obligations before permanently retaining unclaimed surplus.

    N.D.C.C. § 35-33-06

Notice requirements

Permitted delivery

  • Personal delivery to the occupant (§ 35-33-05(1))
  • Verified mail — any postal service or private delivery method that includes evidence of mailing — to the occupant's last-known postal address (§§ 35-33-01(9), 35-33-05(1))
  • Electronic mail to the occupant's last-known e-mail address, if the occupant provided one in the rental agreement or a subsequent written change-of-address notice (§§ 35-33-01(2), 35-33-05(1))

The notice must include

  • A statement that the contents of the occupant's storage space are subject to the owner's lien and that the occupant is denied access to the property until the owner's claim is satisfied (§ 35-33-05(1)(a))
  • The address of the self-service storage facility, the number of the space where the personal property is located, and the name of the occupant (§ 35-33-05(1)(b))
  • A statement of the charges due, the date of default, and a demand for payment within a specified time — not less than 10 days after the date of the notice (§ 35-33-05(1)(c))
  • A bold-type statement that, unless the claim is paid within the time stated, the contents of the occupant's storage space will be sold (§ 35-33-05(1)(d))
  • The name, address, and telephone number of the owner or a designated agent whom the occupant may contact to respond to the notice (§ 35-33-05(1)(e))

N.D.C.C. §§ 35-33-01(2), 35-33-01(9), 35-33-05(1)(a)–(e)

The part most guides skip

Vehicles, boats & RVs

North Dakota Chapter 35-33 expressly addresses titled property in two distinct ways. First, the standard lien-sale process is sufficient to obtain the instruments or documents needed to transfer title to vehicles through the ND DMV under N.D.C.C. § 39-05-19 — meaning a completed sale under §§ 35-33-03 through 35-33-06 gives the buyer the authority to apply for a DMV title transfer without any separate court order (§ 35-33-10(1)). Second, and separately, § 35-33-10(2) provides a towing alternative: if a motor vehicle, watercraft, or trailer is stored at the facility and rent or other charges remain unpaid for 60 days, the owner may have the property towed from the facility by a commercial towing service as defined in N.D.C.C. § 23.1-15-01. The statute imposes no pre-tow notice requirement beyond the 60-day nonpayment trigger — sixty days of unpaid charges alone is sufficient for the owner to engage a tow company under § 35-33-10(2). The owner is not liable for damage to the property after relinquishing possession to the towing service. Critically, the lien survives the tow: removal from the facility does not release the owner's lien under § 35-33-02 (§ 35-33-10(2)). For outdoor RV and boat storage operators — the most common use case — RVs qualify as motor vehicles, boats qualify as watercraft, and trailers qualify as trailers. All three types are covered by both the standard sale path (with DMV title transfer via § 39-05-19) and the 60-day towing alternative. The statute does not address aircraft.

Titled property path

The standard lien-sale process under Chapter 35-33 provides sufficient authority to transfer title through the ND DOT under N.D.C.C. § 39-05-19 — no separate court order is required (§ 35-33-10(1)). The ND DOT requires documentation including SFN 51269 (Request for Vehicle Information), SFN 60662 (Indemnifying Affidavit), a copy of the rental agreement, proof of the lien notice mailing, auction sale documentation showing the 7-day pre-sale posting, and SFN 2872 (Application for Certificate of Title). Confirm current form requirements and fees with the ND DOT before completing a transfer. For the towing alternative (§ 35-33-10(2)), after the tow company takes possession, disposal of the towed property is governed by the commercial towing service framework under N.D.C.C. § 23.1-15-01 — confirm procedures with the tow company and ND DOT before relying on this path.

N.D.C.C. §§ 35-33-10(1)–(2), 39-05-19, 23.1-15-01

Sale rules

Method
The sale may be by public or private proceeding and may be conducted as a unit or in parcels (§ 35-33-03). The statute does not restrict the sale to a physical location — online lien-sale platforms satisfy the commercially reasonable standard if the three-bidder attendance condition is met (§ 35-33-05(2)). A good-faith purchaser takes the property clear of all rights of persons against whom the lien was valid (§ 35-33-07). After the sale, any property offered but not sold may be disposed of by the owner (§ 35-33-03).
Advertising
At least 7 days before the sale, advertise the time, place, and terms in a commercially reasonable manner. The statute deems an advertisement commercially reasonable if at least three independent bidders attend in person or online at the advertised time and place (§ 35-33-05(2)). There is no express newspaper-publication requirement — online platforms, newspaper ads, or other methods are all acceptable provided the three-bidder condition is satisfied.
Proceeds & surplus
After satisfying the lien, hold the balance for six months for delivery to the occupant or any recorded lienholder on demand. After six months, unclaimed balances may be retained by the owner (§ 35-33-06). Chapter 35-33 contains no remittance-to-state requirement, but operators should confirm with counsel whether N.D.C.C. Chapter 47-30.2 (Revised Uniform Unclaimed Property Act) applies independently to unclaimed surplus proceeds.

N.D.C.C. §§ 35-33-03, 35-33-05(2), 35-33-06, 35-33-07

Late fees

Section 35-33-02(3) authorizes the owner to "charge a late fee of twenty dollars or twenty percent of a delinquent monthly rent payment due under the rental agreement, whichever is greater, for each delinquent payment of rent, fees, or other charges due under the rental agreement." The formula applies per missed payment. The statute uses permissive ("may charge") language and expresses the formula as the authorized amount without explicitly declaring it a floor or ceiling. No published North Dakota case law has addressed fees above this formula. Best practice is to recite the late-fee amount in the rental agreement.

N.D.C.C. § 35-33-02(3)

Operator questions

A tenant storing a boat and a trailer has not paid for 65 days. Do I have to run the full lien sale, or can I just tow them?

Both options are open. Under § 35-33-10(2), once rent is unpaid for 60 days you may have a motor vehicle, watercraft, or trailer towed by a commercial towing service — boats are watercraft, trailers are trailers, and tow-eligible RVs are motor vehicles. The towing path is faster than a full sale. Your lien survives the tow — removal from your lot does not extinguish it (§ 35-33-10(2)). If you prefer to sell rather than tow, run the standard notice-and-sale process under § 35-33-05; the completed sale gives the buyer authority to transfer title at the ND DMV under § 39-05-19. Talk to your tow company and, if selling, the ND DOT about the paperwork each path requires.

How long do I have to wait before I can sell a tenant's property?

There is no mandatory waiting period before you send the default notice. As soon as a tenant is in default (for example, on the day rent was due and unpaid), you may deny access and send the notice under § 35-33-05(1). The notice must give the tenant at least 10 days to pay. After that deadline passes with no payment, advertise the sale at least 7 days before it takes place (§ 35-33-05(2)). In theory, the fastest possible timeline is: day 1 (default, send notice), day 11 (cure period expires, begin advertising), day 18 (earliest sale). Build in buffer days to account for mail delivery and documentation.

Can I send the default notice by e-mail, or does it have to go by mail?

Either works. The statute allows personal delivery, verified mail (any postal or private-carrier method that provides evidence of mailing), or electronic mail (§ 35-33-05(1)). For e-mail to be valid, the occupant must have provided the e-mail address in the rental agreement or in a subsequent written change-of-address notice (§ 35-33-01(2)). Verified mail sent to a properly addressed envelope with postage prepaid is deemed delivered the moment you deposit it — you do not have to wait for confirmed delivery.

The sale brought in more than the tenant owed. What do I do with the surplus?

Hold the balance for six months from the sale date, available on demand to the occupant or any recorded lienholder (§ 35-33-06). After six months with no claim, the statute permits you to retain the balance. Chapter 35-33 contains no remittance-to-state requirement, but confirm separately whether North Dakota's Revised Uniform Unclaimed Property Act (N.D.C.C. Chapter 47-30.2) applies to these funds and imposes reporting or remittance obligations — consult counsel before permanently retaining the surplus.

Does the auction have to be in-person, or can I use an online lien-sale platform?

Online platforms are permitted. The statute requires advertising the time, place, and terms at least 7 days before the sale in a "commercially reasonable manner" and deems that standard met if at least three independent bidders attend the sale in person or online at the advertised time and place (§ 35-33-05(2)). An online lien-sale platform qualifies as long as three independent bidders actually participate.

How much can I charge in late fees?

The statute authorizes a late fee of $20 or 20% of the delinquent monthly rent payment, whichever is greater, for each delinquent payment (§ 35-33-02(3)). For example, on $150-per-month rent, 20% is $30 — greater than $20 — so the authorized fee is $30 per missed payment. Include the late-fee amount and conditions in your rental agreement as a best practice, even though the statute does not expressly require it.

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