Storage lien laws · State guide
Ohio storage lien laws
Ohio Revised Code Chapter 5322 — Storage Facility Liens →Verified 2026-06-10
Ohio gives self-service storage owners a statutory lien on all stored property from the day it arrives at the facility (ORC § 5322.02). The lien covers unpaid rent, labor, late fees, and enforcement costs. To enforce without a court order, the owner must send a written notice of claim with a minimum 10-day payment deadline (ORC § 5322.03(C)), then advertise and hold a public sale if the tenant remains in default. The sale may be conducted in person, online, or at a nearby location (§ 5322.03(F)). For motor vehicles, trailers, and watercraft, the owner has a parallel towing path with its own notice and timing rules (§ 5322.03(K)). Late fees are expressly authorized by statute with a deemed-reasonable floor of $20 or 20% of the monthly rent, whichever is greater (ORC § 5322.05). The lien does not override a valid perfected security interest in a motor vehicle or watercraft (§ 5322.02).
At a glance
OH · verified 2026-06-10- Statute
- Ohio Revised Code Chapter 5322 — Storage Facility Liens
- Notice delivery
- Personal delivery to the occupant · Certified mail to occupant's last known address (ORC § 5322.03(B)(1)) · First-class mail or private delivery service with certificate or verification of mailing to last known address (ORC § 5322.03(B)(1)) · Electronic mail — only if the occupant agreed in writing to receive notice by email and provided an email address, AND the owner sends it in a way that generates a delivery response or return receipt; if delivery cannot be confirmed, the owner must re-send by one of the physical methods above (ORC § 5322.03(B)(2))
- Sale method
- A public sale conducted at the facility, through a publicly accessible internet website, or at a location near the facility (ORC § 5322.03(F)). The sale must follow the advertised terms. If the auction draws no buyers, the owner may re-advertise, conduct a private sale, or dispose of the property in any manner considered appropriate — including destruction (ORC § 5322.03(P)). Good-faith purchasers at auction take the property free and clear of all rights of persons against whom the lien was valid (ORC § 5322.03(I)). The owner may purchase at a public sale (ORC § 5322.03(M)).
- Late fees
- Ohio expressly authorizes late fees by statute (ORC § 5322.05). A reasonable late fee may be imposed each service period provided the rental agreement states the fee amount and conditions. No late fee is enforceable if the occupant pays in full within 3 days after the due date. A fee of $20 per period, or 20% of the rent — whichever is greater — is deemed reasonable by statute. Higher amounts are allowed if the owner can show reasonableness. Late fees exclude interest, collection costs, and lien enforcement expenses, which may be charged separately (ORC §§ 5322.01, 5322.05).
- Vehicles & boats
- Chapter 5322 has no BMV title-transfer mechanism for the self-storage operator. After towing under § 5322.03(K), the towing service pursues title via ORC § 4505.101 / § 4513.601 (lien search within 3 business days; certified notice to owner and lienholders within 5 business days; 30-day wait; title eligible 60 days after confirmed notice receipt). The clerk of courts issues a lien-free title on a compliant affidavit. The storage operator has no role in this process once the vehicle is towed. Trailer note: § 5322.03(K) explicitly includes trailers in the towing path, but § 5322.02's security-interest carveout names only "a motor vehicle or a watercraft" — trailers are not mentioned. Whether a titled trailer with a lienholder falls within that carveout is unresolved on the face of Chapter 5322; operators towing a titled trailer with a known lienholder should seek counsel before proceeding.
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.
- 01
Day 0 — personal property is brought to the facility
Lien attaches at arrival
The owner's lien attaches automatically on the date stored property arrives at the facility. No separate action is required. The lien covers rent, labor, late fees, other charges in the rental agreement, and reasonable costs of preservation or lien enforcement. No court order or filing is needed for the lien to exist.
ORC § 5322.02
- 02
After rent is unpaid — no minimum waiting period before sending notice is specified
Default and notice of claim
Once the occupant is in default, the owner may deliver a written notice of claim. The notice must include all required contents (itemized charges, 10-day payment demand, auction warning). The owner may also deny access to the storage unit if the rental agreement authorizes it. The notice must be sent by a permitted delivery method — certified mail, first-class mail, private delivery service, in person, or email (if occupant consented in writing and delivery receipt is obtainable).
ORC §§ 5322.03(B), 5322.03(C)
- 03
Notice is deemed delivered on the date it is deposited with the postal service (certified or first-class mail) or when the owner receives a response or return receipt (email)
Deemed-delivery timing
For certified mail and first-class mail/private delivery service: the notice is deemed delivered when properly addressed, postage prepaid, and deposited with the US Postal Service. For electronic mail: delivery is deemed to occur when the owner receives a response or return receipt. If email delivery cannot be confirmed, the owner must re-send by a physical method before the 10-day period begins.
ORC § 5322.03(D)
- 04
Days 1–10 (at minimum) after notice is delivered
10-day minimum cure period
The occupant has at least 10 days from delivery of the notice to pay the full amount claimed. The owner cannot advertise or hold a sale during this window. The occupant retains the right to redeem stored property at any time before the sale by paying the lien amount plus costs. Interested parties (including lienholders) may also pay the debt and take possession of the property during this period.
ORC §§ 5322.03(C)(5), 5322.03(H)
- 05
After the payment deadline passes without payment — two consecutive weeks of advertising required
Advertise the sale
If the occupant does not pay, the owner must advertise the sale once per week for two consecutive weeks in a newspaper of general circulation in the county where the facility is located, or in another commercially reasonable manner. A manner is commercially reasonable if at least three independent bidders register for, view, or attend the sale. Advertising may include online platforms.
ORC § 5322.03(G)
- 06
No sooner than 15 days after the first publication date
Hold the public sale
The sale may be held at the self-service storage facility, through a publicly accessible internet website, or at a location near the facility (ORC § 5322.03(F)). The sale must conform to the terms stated in the notice. A purchaser in good faith takes the property free and clear of any rights of persons against whom the lien was valid. The owner may bid at and purchase at a public sale (§ 5322.03(M)). If no bidders purchase at auction, the owner may re-advertise, hold a private sale, or dispose of the property in any manner the owner considers appropriate, including destruction (§ 5322.03(P)).
ORC §§ 5322.03(E), 5322.03(F), 5322.03(G), 5322.03(I), 5322.03(M), 5322.03(P)
- 07
Immediately after the sale
Apply proceeds and handle surplus
The owner applies sale proceeds to the lien amount and costs. Any surplus must be mailed to the occupant at the occupant's last known mailing address by certified or first-class mail. The owner holds unclaimed surplus funds for two years after the sale date. After two years, unclaimed surplus becomes subject to Ohio's unclaimed property law. The owner's liability is limited to the surplus proceeds if the owner complied with the statutory requirements; willful violation creates conversion liability.
ORC §§ 5322.03(L), 5322.03(N), 5322.03(O)
Notice requirements
Permitted delivery
- Personal delivery to the occupant
- Certified mail to occupant's last known address (ORC § 5322.03(B)(1))
- First-class mail or private delivery service with certificate or verification of mailing to last known address (ORC § 5322.03(B)(1))
- Electronic mail — only if the occupant agreed in writing to receive notice by email and provided an email address, AND the owner sends it in a way that generates a delivery response or return receipt; if delivery cannot be confirmed, the owner must re-send by one of the physical methods above (ORC § 5322.03(B)(2))
The notice must include
- Occupant's name and last known address (ORC § 5322.03(C)(1))
- Itemized statement of the owner's claim — amount owed and the date each charge became due (ORC § 5322.03(C)(2))
- General description of the stored property (unopened containers may be described by container type without listing contents) (ORC § 5322.03(C)(3))
- Notice of denial of access to the property, if denial is permitted under the rental agreement (ORC § 5322.03(C)(4))
- Demand for payment within a period not less than 10 days after delivery of the notice (ORC § 5322.03(C)(5))
- A conspicuous statement that unless the claim is paid within the specified time the property will be advertised for sale and sold by auction, and that if no person purchases the property at auction it may be sold at a private sale or destroyed (ORC § 5322.03(C)(6))
- Street address or internet address of the sale location, if the sale will be held off-premises (ORC § 5322.03(C)(7))
ORC §§ 5322.03(B), 5322.03(C)
The part most guides skip
Vehicles, boats & RVs
Ohio does not run motor vehicles, trailers, and watercraft through the same public-auction track as ordinary stored personal property. Instead, ORC § 5322.03(K) gives the storage owner a parallel towing path. The owner may arrange towing under any of three triggering conditions: (1) the owner sent the standard § 5322.03(B) lien notice to all persons holding a lien on the motor vehicle, trailer, or watercraft, and at least 30 days have elapsed since that notice was delivered or sent; (2) rent and other charges remain unpaid for 60 days and no lienholders have been identified; or (3) the owner is about to conduct — or has just completed — a sale of the occupant's other stored personal property. Once the towing service or storage facility takes possession of the towed vehicle, trailer, or watercraft, the original storage operator is not liable for the property or any damages to it (§ 5322.03(K)). Title transfer after towing is governed by Ohio Title 45 (ORC §§ 4513.601, 4505.101), not Chapter 5322 — that process is administered by the towing service or receiving storage facility, not the self-storage operator. Separately, ORC § 5322.02 provides that the storage owner's lien is NOT effective against a person holding a valid security interest in a motor vehicle or watercraft, whether or not that security interest is filed. A lienholder (e.g., a bank holding an auto loan) may pay the debt and remove the vehicle, or present proof of interest and take possession without payment (§ 5322.03(H)).
Titled property path
Chapter 5322 has no BMV title-transfer mechanism for the self-storage operator. After towing under § 5322.03(K), the towing service pursues title via ORC § 4505.101 / § 4513.601 (lien search within 3 business days; certified notice to owner and lienholders within 5 business days; 30-day wait; title eligible 60 days after confirmed notice receipt). The clerk of courts issues a lien-free title on a compliant affidavit. The storage operator has no role in this process once the vehicle is towed. Trailer note: § 5322.03(K) explicitly includes trailers in the towing path, but § 5322.02's security-interest carveout names only "a motor vehicle or a watercraft" — trailers are not mentioned. Whether a titled trailer with a lienholder falls within that carveout is unresolved on the face of Chapter 5322; operators towing a titled trailer with a known lienholder should seek counsel before proceeding.
ORC §§ 5322.02, 5322.03(H), 5322.03(K); ORC §§ 4513.601, 4505.101
Sale rules
- Method
- A public sale conducted at the facility, through a publicly accessible internet website, or at a location near the facility (ORC § 5322.03(F)). The sale must follow the advertised terms. If the auction draws no buyers, the owner may re-advertise, conduct a private sale, or dispose of the property in any manner considered appropriate — including destruction (ORC § 5322.03(P)). Good-faith purchasers at auction take the property free and clear of all rights of persons against whom the lien was valid (ORC § 5322.03(I)). The owner may purchase at a public sale (ORC § 5322.03(M)).
- Advertising
- Advertisement must run once per week for two consecutive weeks in a newspaper of general circulation in the county, or in another commercially reasonable manner. A manner is commercially reasonable if at least three independent bidders register for, view, or attend the sale (ORC § 5322.03(G)). The sale may not be held until at least 15 days after the first publication date.
- Proceeds & surplus
- Proceeds are applied to the lien amount and enforcement costs. Surplus is mailed by certified or first-class mail to the occupant's last known mailing address. Unclaimed surplus is held for two years; after two years it becomes subject to Ohio unclaimed property law (ORC § 5322.03(L)). If the owner complied with the statute, liability is limited to the surplus proceeds (ORC § 5322.03(O)).
ORC §§ 5322.03(F), 5322.03(G), 5322.03(I), 5322.03(L), 5322.03(M), 5322.03(O), 5322.03(P)
Late fees
Ohio expressly authorizes late fees by statute (ORC § 5322.05). A reasonable late fee may be imposed each service period provided the rental agreement states the fee amount and conditions. No late fee is enforceable if the occupant pays in full within 3 days after the due date. A fee of $20 per period, or 20% of the rent — whichever is greater — is deemed reasonable by statute. Higher amounts are allowed if the owner can show reasonableness. Late fees exclude interest, collection costs, and lien enforcement expenses, which may be charged separately (ORC §§ 5322.01, 5322.05).
ORC §§ 5322.01, 5322.05
Operator questions
My tenant stores an RV in an outdoor lot and stopped paying. Can I auction the RV like a regular storage unit?
Not exactly. An RV is a motor vehicle under Ohio law, so ORC § 5322.03(K) applies alongside the regular lien process. You may tow the RV once you have sent lien notice to all persons holding a lien on the vehicle and 30 days have elapsed since that notice was sent — or after 60 days of nonpayment if no lienholders exist. Once a towing service takes possession, you bear no further liability for the vehicle. Title transfer after towing runs through Ohio's abandoned-vehicle statute (ORC §§ 4513.601, 4505.101), administered by the towing service — not you. Also note: the storage lien itself does not override a bank or finance company holding a valid security interest in the RV (ORC § 5322.02).
A boat owner is 45 days past due and there is no lienholder on the boat. Can I have it towed now?
Not yet under the no-lienholder path. ORC § 5322.03(K) requires 60 days of unpaid rent and charges with no identified lienholders before towing — not 45. If you previously sent the standard lien notice to any identified lienholder, the 30-day track could apply instead, but with no lienholder the 60-day clock governs. Alternatively, you may tow before or after a sale of the occupant's other stored personal property under § 5322.03(K)(1)(c), which has no separate day count.
Can I run the auction online instead of holding an in-person sale?
Yes. ORC § 5322.03(F) expressly allows the sale to be conducted through a publicly accessible internet website. You still must advertise once per week for two consecutive weeks in a newspaper of general circulation or in another commercially reasonable manner, and the sale cannot occur until at least 15 days after the first publication date. A manner is commercially reasonable if at least three independent bidders register for, view, or attend the sale (§ 5322.03(G)).
The tenant agreed to email in the rental agreement. Can I send the lien notice by email?
Yes, but with a key condition. ORC § 5322.03(B)(2) permits email notice only if (1) the occupant agreed to receive lien notices by email and provided an email address, and (2) you send the notice in a way that generates a delivery response or return receipt confirming the message was received. If you cannot confirm delivery, you must re-send by certified mail, first-class mail with certificate of mailing, or personal delivery — and the 10-day payment period does not begin until a permitted delivery method is confirmed.
How much can I charge in late fees?
Ohio sets a deemed-reasonable floor of $20 per payment period or 20% of the rent due — whichever is greater (ORC § 5322.05). You can charge more if you can demonstrate the higher amount is reasonable, but the fee amount and conditions must be stated in the rental agreement or an addendum. No late fee is enforceable if the occupant pays in full within 3 days of the due date. Late fees are separate from interest, collection costs, and lien enforcement expenses, which you may charge in addition.
What do I do with money left over after the auction covers what the tenant owed?
Mail the surplus to the occupant at their last known mailing address by certified or first-class mail (ORC § 5322.03(L)). Hold the funds for two years. If the occupant does not claim the money within two years, the surplus becomes subject to Ohio's unclaimed property law — at that point you report and remit it to the state, not keep it.
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