LotWardenLien laws by state

Storage lien laws · State guide

Oregon storage lien laws

Oregon Revised Statutes, Chapter 87 §§ 87.685–87.695 — Oregon Self-Service Storage Facility Act →Verified 2026-06-10

Oregon's Self-Service Storage Facility Act (ORS 87.685–87.695) gives storage owners a possessory lien on stored property from the moment it arrives, covering unpaid rent, other charges, and costs of sale. Foreclosure requires one written notice demanding payment within a period not earlier than 30 days after the default, delivered by verified mail or email. Once that deadline passes unpaid, the owner must advertise property worth more than $300 in a local newspaper once a week for two consecutive weeks, then may sell no sooner than 15 days after the first ad. Property worth $300 or less may be disposed of at the owner's discretion. Late fees are capped at the greater of $20 or 20% of monthly rent (ORS 87.694). For vehicles, boats, trailers, and RVs unpaid 60 or more days, the owner may arrange towing instead of a sale (ORS 87.691(6)); ORS 87.693(2) also permits using the parking-facility lien path under ORS 98.810–98.818.

At a glance

OR · verified 2026-06-10
Statute
Oregon Revised Statutes, Chapter 87 §§ 87.685–87.695 — Oregon Self-Service Storage Facility Act
Notice delivery
Verified mail (registered mail, certified mail, or any USPS or private carrier method providing mailing evidence) to the occupant's last known address — ORS 87.689(2); ORS 87.685 (definition of "verified mail") · Electronic mail to the email address the occupant designated in the rental agreement, provided the owner retains a record or other evidence of sending — ORS 87.689(2), (4)
Sale method
Property valued over $300 must be sold at a public sale. The owner may conduct the sale without a license and may list or auction the property on any publicly accessible website that regularly offers personal property for auction or sale. The sale must be completed at the self-service storage facility or at the nearest suitable place. If a public sale receives no bids, the owner may dispose of the property in any other reasonable manner. Property valued at $300 or less may be disposed of at the owner's sole discretion — no auction, no advertising, and no specific disposal method is required.
Late fees
The statute sets an explicit cap: a late fee is considered reasonable — and is not a penalty — if it does not exceed the greater of $20 or 20% of the monthly rent due. The fee may be imposed once per month when rent remains unpaid or arrives after the contractual due date. The rental agreement must specify both the fee amount and the date on which charging the fee becomes permissible; without that written agreement the fee cannot lawfully be collected. Late fees may be collected alongside other fees authorized by law or the rental agreement.
Vehicles & boats
ORS 87.685–87.695 does not establish a storage-operator-to-buyer title transfer procedure for titled property (motor vehicles, trailers, boats, RVs). After a tow under ORS 87.691(6) or ORS 87.693(2), the towing company holds the property under its own lien and handles downstream title matters under Oregon vehicle-storage law. Any buyer seeking clear title to a motor vehicle or trailer purchased at a storage-facility lien sale should contact the Oregon Driver and Motor Vehicle Services (DMV) to determine what documentation is required. Confirm the exact title-clearing process with your towing company and an Oregon attorney 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.

  1. 01

    Day 0 — personal property enters the storage facility

    Lien attaches automatically

    The statutory lien attaches to all personal property in the rented space the moment it is brought onto the facility. The lien secures payment of rent, labor charges, materials, services, and costs of sale. No action by the owner is required to create the lien. If another party holds a lien, security interest, or encumbrance that was perfected before the property entered the facility, that prior interest takes priority over the storage-facility lien.

    ORS 87.687(1); ORS 87.687(2); ORS 87.687(3)

  2. 02

    After any failure to perform a rental-agreement obligation — typically the day rent becomes past due

    Default occurs; owner may send lien notice

    Default is defined as any failure to perform a rental-agreement obligation in a timely manner. Upon default the owner may begin the foreclosure process. The owner sends one written notice to the occupant by verified mail or email. The notice must itemize the amount owed as of the notice date, identify the specific storage space, include a demand for payment within a period not earlier than 30 days after the default (not 30 days from the notice date), and state that property will be advertised for sale at a specified time and place unless payment is made. If the rental agreement permits it, the notice may also state that access to the space is denied.

    ORS 87.685 ("default"); ORS 87.689(1); ORS 87.689(3)

  3. 03

    The date specified in the notice — not earlier than 30 days after the default

    Payment deadline passes unpaid

    If the occupant has not paid all sums due by the payment deadline stated in the notice, the owner may proceed to advertising and sale. The statute does not create a separate second notice requirement or a hearing right for the occupant. There is no occupant-requested hearing mechanism in the Act. The occupant's right to redeem property by paying the full lien amount plus expenses continues until the moment of sale.

    ORS 87.689(3)(d); ORS 87.691

  4. 04

    After the payment deadline passes unpaid; sale may not occur earlier than 15 days after the first advertisement

    Advertise the sale

    For property the owner determines to be worth more than $300: publish an advertisement once a week for two consecutive weeks in a newspaper of general circulation in the city or county where the facility is located. If no such newspaper exists, post the advertisement in at least six conspicuous places in the neighborhood. The advertisement must state the facility address, the unit number, the occupant's name, and the time, place, and manner of sale. The owner may also offer property for sale on a publicly accessible website that regularly offers personal property for auction or sale. The sale may not take place earlier than 15 days after the first advertisement, publication, or posting.

    ORS 87.691(2); ORS 87.691(3)

  5. 05

    No sooner than 15 days after the first advertisement

    Conduct sale or dispose of property

    Property valued over $300 must be sold at a public sale. The owner may conduct the sale unlicensed and may use a publicly accessible online auction website. The sale must be completed at the self-service storage facility or at a suitable place closest to where the property is held. If no bids are received, the owner may dispose of the property in another reasonable manner and apply the proceeds accordingly. Property valued at $300 or less may be disposed of at the owner's sole discretion without advertising or a public sale.

    ORS 87.691(1); ORS 87.691(2); ORS 87.691(3); ORS 87.691(4); ORS 87.691(5)(a)

  6. 06

    Immediately after sale; surplus held for two years before reporting as abandoned property

    Apply proceeds and handle surplus

    Apply sale proceeds to the lien amount and costs of sale. Any surplus remaining after satisfying the lien belongs to the occupant. The owner holds the surplus on the occupant's behalf. If the occupant does not claim the surplus within two years after the date of sale, the owner must presume the balance is abandoned and report and deliver it to the Oregon State Treasurer under the state abandoned property laws. Good-faith purchasers at a lawfully conducted sale take the property free of any rights of the occupant or any other party, even if the owner did not fully comply with every procedural requirement.

    ORS 87.691(8); ORS 87.691(9)

Notice requirements

Permitted delivery

  • Verified mail (registered mail, certified mail, or any USPS or private carrier method providing mailing evidence) to the occupant's last known address — ORS 87.689(2); ORS 87.685 (definition of "verified mail")
  • Electronic mail to the email address the occupant designated in the rental agreement, provided the owner retains a record or other evidence of sending — ORS 87.689(2), (4)

The notice must include

  • An itemized statement of the owner's claim showing the sum due on the date of the notice — ORS 87.689(3)(a)
  • An identification of the specific individual storage space the occupant rented — ORS 87.689(3)(b)
  • A statement denying the occupant access to their personal property (if the rental agreement permits denial of access) — ORS 87.689(3)(c)
  • A demand for payment within a specified time that is not earlier than 30 days after the default — ORS 87.689(3)(d)
  • A conspicuous statement that, unless the claim is paid within the time stated, the personal property will be advertised for sale and sold at a specified time and place — ORS 87.689(3)(e)
  • The name, street address, and telephone number of the owner or the owner's designated agent — ORS 87.689(3)(f)

ORS 87.689(2); ORS 87.689(3); ORS 87.689(4)

The part most guides skip

Vehicles, boats & RVs

Oregon provides two statutory paths for motor vehicles, boats, trailers, and recreational vehicles stored at a self-service storage facility. Path A — the storage-lien tow-out: once rent and other charges remain unpaid for 60 or more days, and the owner has sent the required notice under ORS 87.689, the owner may arrange to have the property towed from the facility. The towing company acquires its own statutory lien on the property for its reasonable towing and storage charges (ORS 87.691(6)). The standard ORS 87.689 notice is a prerequisite; the 60-day threshold is separate from and longer than the timeline for selling ordinary stored goods. Path B — the parking-facility route: ORS 87.693(2) independently allows a storage operator to bypass the storage-facility lien process and proceed "as an owner of a parking facility" under ORS 98.810 to 98.818, which authorizes towing of an unlawfully parked or defaulting vehicle and gives the tower a lien under ORS 98.812. In practice most RV-and-boat-lot operators will use Path A because it coordinates with the notice they are already required to send. Neither path contains an express DMV title-transfer mechanism built into the storage statute; title clearance for a titled vehicle after tow or sale requires a separate process under Oregon vehicle law.

Titled property path

ORS 87.685–87.695 does not establish a storage-operator-to-buyer title transfer procedure for titled property (motor vehicles, trailers, boats, RVs). After a tow under ORS 87.691(6) or ORS 87.693(2), the towing company holds the property under its own lien and handles downstream title matters under Oregon vehicle-storage law. Any buyer seeking clear title to a motor vehicle or trailer purchased at a storage-facility lien sale should contact the Oregon Driver and Motor Vehicle Services (DMV) to determine what documentation is required. Confirm the exact title-clearing process with your towing company and an Oregon attorney before proceeding.

ORS 87.691(6); ORS 87.693(2); ORS 98.810; ORS 98.812; ORS 98.818

Sale rules

Method
Property valued over $300 must be sold at a public sale. The owner may conduct the sale without a license and may list or auction the property on any publicly accessible website that regularly offers personal property for auction or sale. The sale must be completed at the self-service storage facility or at the nearest suitable place. If a public sale receives no bids, the owner may dispose of the property in any other reasonable manner. Property valued at $300 or less may be disposed of at the owner's sole discretion — no auction, no advertising, and no specific disposal method is required.
Advertising
For property worth more than $300 the owner must publish a sale advertisement once a week for two consecutive weeks in a newspaper of general circulation in the city or county where the facility is located. If no such newspaper serves the area, the owner must post the advertisement in at least six conspicuous places in the neighborhood. The advertisement must identify the storage facility address, the unit number, the occupant's name, and the time, place, and manner of sale. The sale may not occur earlier than 15 days after the first advertisement, publication, or posting.
Proceeds & surplus
After applying sale proceeds to the lien and costs, the owner holds any surplus for the occupant. If the occupant does not claim the surplus within two years of the sale date, the owner must report and deliver the balance to the Oregon State Treasurer as abandoned property. Good-faith purchasers take the property free of all claims even if the owner did not strictly comply with every procedural step.

ORS 87.691(1); ORS 87.691(2); ORS 87.691(3); ORS 87.691(4); ORS 87.691(5)(a); ORS 87.691(8); ORS 87.691(9)

Late fees

The statute sets an explicit cap: a late fee is considered reasonable — and is not a penalty — if it does not exceed the greater of $20 or 20% of the monthly rent due. The fee may be imposed once per month when rent remains unpaid or arrives after the contractual due date. The rental agreement must specify both the fee amount and the date on which charging the fee becomes permissible; without that written agreement the fee cannot lawfully be collected. Late fees may be collected alongside other fees authorized by law or the rental agreement.

ORS 87.694

Operator questions

My tenant's RV has been unpaid for 45 days. Can I call a tow truck now?

Not yet under the storage-lien tow path. ORS 87.691(6) requires two conditions before towing: (1) rent and other charges must be unpaid for 60 or more consecutive days, AND (2) you must have already sent the ORS 87.689 lien notice. At 45 days you should have sent or be preparing the notice, but you cannot arrange the tow until day 60. Separately, ORS 87.693(2) gives you a parking-facility route under ORS 98.810–98.818, which may allow earlier towing — consult an Oregon attorney on whether that path applies to your lot.

Do I have to run a newspaper ad before I can tow a defaulting tenant's boat?

No — the newspaper advertising requirement in ORS 87.691(2) applies only when you are selling property, not when you are arranging a tow. To tow, the statute requires only that you have sent the ORS 87.689 lien notice and that the account has been unpaid for at least 60 days (ORS 87.691(6)). Once those two conditions are met you may arrange the tow without running any advertisement.

An old trailer in my lot is worth maybe $250. Do I have to hold an auction?

No. ORS 87.691(1) allows you to dispose of property you reasonably determine to be worth $300 or less at your sole discretion — no auction, no newspaper advertisement, and no specific disposal method is required by the statute. You still must have sent the ORS 87.689 lien notice and allowed the payment deadline to pass unpaid before disposal.

What exactly has to go in the lien notice I send to a defaulting tenant?

ORS 87.689(3) requires six things: (a) an itemized statement of what is owed as of the notice date; (b) identification of the specific storage space; (c) a statement denying access to the property if your rental agreement allows it; (d) a demand for payment by a date that is no earlier than 30 days after the default; (e) a conspicuous statement that the property will be advertised for sale and sold at a specified time and place unless payment is made; and (f) your name, street address, and telephone number (or your designated agent's). Send by verified mail or to the email address designated in the rental agreement, and keep a record of sending.

Can I charge a $50 late fee if my rental agreement says so?

Only if $50 does not exceed the statutory cap. ORS 87.694 says a late fee is reasonable if it does not exceed the greater of $20 or 20% of monthly rent. If the monthly rent is $200, 20% is $40 — so the maximum reasonable fee is $40, not $50. A $50 fee on a $200/month unit would exceed the cap and risk being deemed a penalty. Your rental agreement must also specify both the fee amount and the date it becomes chargeable; if the agreement is silent on either point, the fee cannot be lawfully collected.

After I sell a unit, how long do I hold the leftover money before I can stop worrying about it?

Two years. ORS 87.691(8) requires you to hold any surplus sale proceeds for the occupant to claim. If the occupant does not claim the balance within two years of the sale date, you must presume it is abandoned and report and deliver it to the Oregon State Treasurer under Oregon's abandoned property law. You cannot simply keep unclaimed surplus after two years — failure to report and remit it to the state exposes you to liability.

Why we wrote this

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