Storage lien laws · State guide
South Carolina storage lien laws
South Carolina Code of Laws, Title 39, Chapter 20 -- South Carolina Self-Service Storage Facility Act (SS 39-20-10 through 39-20-50) →Verified 2026-06-11
South Carolina grants self-storage owners a lien on stored property for unpaid rent. The lien attaches on the default date. The rental agreement must require the occupant to elect at signing whether notices go by mail or electronic mail -- electing email waives personal service and mail (SS 39-20-40). Notice must be sent at 14 or more days past due and allow at least 14 days to pay. Enforcement requires 50 days of continuous default before a public sale. After Day 50 the owner must advertise once a week for two consecutive weeks in a local newspaper -- no alternative is authorized. Sales may be held at the facility, at the nearest suitable location, or online through a licensed auctioneer (2022 Act No. 154). Motor vehicles and watercraft may be towed after 60 days unpaid; the liability shield covers motor vehicles only, not watercraft. Trailers do not qualify for towing. Property worth less than $300 may be destroyed after 60 days. No statutory late-fee cap; contract controls.
At a glance
SC · verified 2026-06-11- Statute
- South Carolina Code of Laws, Title 39, Chapter 20 -- South Carolina Self-Service Storage Facility Act (SS 39-20-10 through 39-20-50)
- Notice delivery
- Notice by mail (occupant elected mail at signing): in person (S.C. Code Ann. SS 39-20-45(B)(1)) · Notice by mail (occupant elected mail at signing): personal delivery service as provided by court rule (S.C. Code Ann. SS 39-20-45(B)(2)) · Notice by mail (occupant elected mail at signing): first-class mail with a certificate of mailing (S.C. Code Ann. SS 39-20-45(B)(3)) · Notice by mail (occupant elected mail at signing): certified mail (S.C. Code Ann. SS 39-20-45(B)(4)) · Notice by electronic mail only -- available solely when the occupant signed the rental agreement electing email notice; that election waives any right to receive notice by personal service or mail (S.C. Code Ann. SS 39-20-40, 39-20-45(B)(5)). Email notice is presumed delivered when sent and a confirmation of receipt is received (SS 39-20-45(D)).
- Sale method
- The statute requires a public sale to the highest bidder. Sales may be held (1) at the self-service storage facility, (2) at the nearest suitable place where the property is held or stored, or (3) online through an auctioneer licensed in South Carolina. No day-of-week or time-of-day restriction appears in the statute. If no one purchases the property at the public sale after full compliance with all procedures, the owner may otherwise dispose of the property and must notify the occupant of the action taken. S.C. Code Ann. SS 39-20-45(I)
- Late fees
- No statutory cap on late fees or late charges appears anywhere in Chapter 20 (SS 39-20-10 through 39-20-50). The chapter is silent on permissible late-fee amounts or percentages. Late fees are therefore contract-controlled -- the rental agreement governs what the operator may charge. The only dollar figure in the chapter is the $300 threshold for the low-value property disposal alternative under SS 39-20-45(G).
- Vehicles & boats
- South Carolina does not establish a separate DMV-notification lien-sale process for motor vehicles. The only statutory alternative to the standard public-sale process is the towing option under SS 39-20-45(H). After a vehicle is towed, title and abandoned-vehicle matters are handled under South Carolina towing law by the licensed towing company -- not by the storage operator. The owner should retain documentation of the 60-day default and the engagement of a licensed tower.
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 -- rent is past due
Default begins
Rent becomes due under the rental agreement. The statutory lien on all personal property in the unit attaches immediately on the date of default -- no separate filing or notice is required for lien attachment. The rental agreement must include language stating that rent seven calendar days past due equals default, and that any dishonored check also triggers default.
S.C. Code Ann. SS 39-20-30(A), 39-20-40
- 02
Day 7 -- seven or more calendar days past due
Access denial permitted
Once rent is seven or more calendar days past due the owner may deny the occupant access to the stored personal property. This is a permissive right, not a mandatory step, and it does not start the enforcement clock -- that runs from the date of default.
S.C. Code Ann. SS 39-20-30(B)
- 03
Day 14 -- fourteen or more days past due
Lien-enforcement notice required
The statute requires the owner to send the occupant written lien-enforcement notice when rent is 14 or more days past due (S.C. Code Ann. SS 39-20-45(B)). The delivery method is determined by the occupant's election at signing: if the occupant elected mail, notice must be delivered in person, by personal delivery service, by first-class mail with certificate of mailing, or by certified mail; if the occupant elected electronic mail, notice is sent by email and that election waives personal service and mail delivery (S.C. Code Ann. SS 39-20-40). The notice must include a property description, a claim statement with the amount due and due date, a demand for payment in not less than 14 days, a conspicuous warning that property will be advertised for sale, a conspicuous statement that partial payment does not stop the process, and the owner/agent contact information.
S.C. Code Ann. SS 39-20-40, 39-20-45(A), 39-20-45(B), 39-20-45(C)
- 04
Upon proper mailing or electronic confirmation of receipt
Notice presumed delivered
Notice is presumed delivered when it is (1) properly addressed to the occupant's last known address and (2) either deposited with the USPS with postage prepaid for first-class mail with a certificate of mailing or certified mail, or sent by electronic mail from which a confirmation of receipt is received. Retain proof of mailing or the e-mail confirmation as evidence.
S.C. Code Ann. SS 39-20-45(D)
- 05
Day 50 -- fifty days of continuous default after the initial due date
50-day continuous-default threshold
The owner may not enforce the lien by sale until the occupant has been in default continuously for 50 days. The rental agreement must display a bold-type warning that property will be sold or disposed of if no payment is received for a continuous 50-day period after default. A partial payment does not stop or delay the sale unless the owner agrees in a writing signed by the owner.
S.C. Code Ann. SS 39-20-40, 39-20-45(A), 39-20-45(J)
- 06
After Day 50 -- once a week for two consecutive weeks before the sale
Advertising -- two-week newspaper publication
After the 50-day period expires, the owner must publish a sale advertisement once a week for two consecutive weeks in a newspaper of general circulation where the facility is located. No alternative advertising method is authorized by the statute. The advertisement must include: a brief and general description of the believed property contents; the facility address and occupant name; and the time, place, and manner of the public sale or other disposition.
S.C. Code Ann. SS 39-20-45(E), 39-20-45(F)
- 07
After the two-week advertising period is complete
Public sale
The sale must be a public sale to the highest bidder. It may be held at the self-service storage facility, at the nearest suitable place where the personal property is stored, or online through an auctioneer licensed in South Carolina (2022 Act No. 154). The occupant may redeem the property at any time before the sale by paying the full lien amount plus reasonable expenses. Purchasers take property subject to any perfected and recorded liens or security interests of which the owner had knowledge.
S.C. Code Ann. SS 39-20-45(I), 39-20-45(J), 39-20-45(K)
- 08
Immediately after sale
Proceeds distribution and surplus
The owner satisfies its lien from sale proceeds. Any balance remaining must be held for the occupant or any notified secured-interest holder. If the surplus is not claimed within two years of the sale date, it must be disposed of in accordance with Chapter 18, Title 27 (South Carolina Uniform Disposition of Unclaimed Property Act). The owner's liability never exceeds the total sale proceeds.
S.C. Code Ann. SS 39-20-45(L)
Notice requirements
Permitted delivery
- Notice by mail (occupant elected mail at signing): in person (S.C. Code Ann. SS 39-20-45(B)(1))
- Notice by mail (occupant elected mail at signing): personal delivery service as provided by court rule (S.C. Code Ann. SS 39-20-45(B)(2))
- Notice by mail (occupant elected mail at signing): first-class mail with a certificate of mailing (S.C. Code Ann. SS 39-20-45(B)(3))
- Notice by mail (occupant elected mail at signing): certified mail (S.C. Code Ann. SS 39-20-45(B)(4))
- Notice by electronic mail only -- available solely when the occupant signed the rental agreement electing email notice; that election waives any right to receive notice by personal service or mail (S.C. Code Ann. SS 39-20-40, 39-20-45(B)(5)). Email notice is presumed delivered when sent and a confirmation of receipt is received (SS 39-20-45(D)).
The notice must include
- A brief and general description of what is believed to constitute the personal property in the storage unit (S.C. Code Ann. SS 39-20-45(C)(1))
- A statement of the owner's claim showing the sum due at the time of notice and the date it became due (S.C. Code Ann. SS 39-20-45(C)(2))
- A demand for payment within a specified time of not less than 14 days after delivery (S.C. Code Ann. SS 39-20-45(C)(3))
- A conspicuous statement that the personal property will be advertised for sale or disposed of if payment is not made by the specified date (S.C. Code Ann. SS 39-20-45(C)(4))
- A conspicuous statement that partial payment of the owner's claim does not stop or delay the owner's right to proceed (S.C. Code Ann. SS 39-20-45(C)(5))
- A conspicuous statement notifying the occupant of access denial and providing the owner/agent name, street address, and telephone number (S.C. Code Ann. SS 39-20-45(C)(6))
S.C. Code Ann. SS 39-20-40, 39-20-45(B), 39-20-45(C)
The part most guides skip
Vehicles, boats & RVs
South Carolina provides a towing alternative for motor vehicles and watercraft but NOT for trailers. The statute (SS 39-20-45(H)) authorizes the lienor to have a motor vehicle or watercraft towed by a towing company licensed pursuant to law if rent and other charges remain unpaid for 60 days following the maturity of the obligation to pay rent. IMPORTANT -- the statutory liability shield is asymmetric: the statute expressly states "If a motor vehicle is towed as authorized in this subsection, the lienor shall not be liable for the motor vehicle or any damages to the motor vehicle once the tower takes possession of the property." That sentence names only motor vehicles. The statute does not contain equivalent liability-shield language for watercraft. Operators towing boats should seek legal confirmation on liability exposure before relying on the towing path. Trailers are not listed in SS 39-20-45(H) and do not qualify for the towing path; the standard 50-day lien-sale process applies to trailers. Boat-trailer operators storing trailers must use the standard public-sale process.
Titled property path
South Carolina does not establish a separate DMV-notification lien-sale process for motor vehicles. The only statutory alternative to the standard public-sale process is the towing option under SS 39-20-45(H). After a vehicle is towed, title and abandoned-vehicle matters are handled under South Carolina towing law by the licensed towing company -- not by the storage operator. The owner should retain documentation of the 60-day default and the engagement of a licensed tower.
S.C. Code Ann. SS 39-20-45(H)
Sale rules
- Method
- The statute requires a public sale to the highest bidder. Sales may be held (1) at the self-service storage facility, (2) at the nearest suitable place where the property is held or stored, or (3) online through an auctioneer licensed in South Carolina. No day-of-week or time-of-day restriction appears in the statute. If no one purchases the property at the public sale after full compliance with all procedures, the owner may otherwise dispose of the property and must notify the occupant of the action taken. S.C. Code Ann. SS 39-20-45(I)
- Advertising
- After the 50-day default period expires, the owner must publish an advertisement once a week for two consecutive weeks in a newspaper of general circulation where the facility is located. No alternative advertising method is authorized by the statute. Each advertisement must contain: (1) a brief and general description of the believed property contents; (2) the facility address and occupant name; and (3) the time, place, and manner of the public sale or other disposition. S.C. Code Ann. SS 39-20-45(E), 39-20-45(F)
- Proceeds & surplus
- The owner satisfies its lien from sale proceeds. Any surplus is held for the occupant or any notified secured-interest holder. If unclaimed for two years from the sale date, the surplus must be remitted per Chapter 18, Title 27 (Uniform Disposition of Unclaimed Property Act). The owner's liability is capped at the total proceeds of the sale. S.C. Code Ann. SS 39-20-45(L)
S.C. Code Ann. SS 39-20-45(E), 39-20-45(F), 39-20-45(I), 39-20-45(L)
Late fees
No statutory cap on late fees or late charges appears anywhere in Chapter 20 (SS 39-20-10 through 39-20-50). The chapter is silent on permissible late-fee amounts or percentages. Late fees are therefore contract-controlled -- the rental agreement governs what the operator may charge. The only dollar figure in the chapter is the $300 threshold for the low-value property disposal alternative under SS 39-20-45(G).
S.C. Code Ann. SS 39-20-10 through 39-20-50 (no late-fee cap provision found); SS 39-20-45(G) ($300 low-value threshold only)
Operator questions
How long do I have to wait before I can sell a defaulting tenant's property?
The statute requires 50 days of continuous default before you may enforce the lien by sale. You must also send written notice at 14 or more days past due giving the tenant not less than 14 days to pay, then advertise the sale once a week for two consecutive weeks in a local newspaper after the 50-day period expires. The earliest a sale can practically occur is roughly day 65-70 when you account for the notice and advertising windows. S.C. Code Ann. SS 39-20-45(A), (B), (C), (E).
My tenant stores a boat in my outdoor lot and has not paid in 65 days. Can I tow it?
Yes, if the obligation to pay rent matured (came due) at least 60 days ago. Section 39-20-45(H) authorizes towing of motor vehicles and watercraft after 60 days of non-payment from the maturity date. Note that the statute's express liability shield -- "the lienor shall not be liable for the motor vehicle or any damages to the motor vehicle once the tower takes possession" -- names only motor vehicles. That language does not expressly extend to watercraft, so confirm with counsel before relying on complete liability transfer when towing a boat. Trailers are not listed in SS 39-20-45(H) and must go through the standard 50-day lien-sale process.
Can I send the lien notice by email instead of mailing a letter?
Only if the tenant signed an email-election in the rental agreement. South Carolina requires the rental agreement to include a signed, binary election: the tenant must choose at signing whether to receive notices by mail OR by electronic mail. If the tenant elected email, you must deliver notice by email -- and that election waives their right to receive notice by mail or personal service. If the tenant elected mail, email notice is not an authorized delivery method. Retain proof of the election. S.C. Code Ann. SS 39-20-40, 39-20-45(B)(5), 39-20-45(D).
A unit looks nearly empty -- the stuff is probably worth less than $300. Do I still need to advertise and hold a sale?
No. Section 39-20-45(G) gives you a low-value alternative: if you determine the property is worth less than $300, you may hold it for 60 days from the date you delivered the initial notice. If the tenant does not claim it and pay all rent owed during that 60-day window, you may destroy or dispose of the property without further notice. The tenant's debt is extinguished and you have no liability for the property. Document your valuation determination before relying on this path.
Can I run an online auction instead of a live sale at my facility?
Yes. Section 39-20-45(I) expressly permits sales "online by an auctioneer licensed in this State" (added by 2022 Act No. 154). You must still complete the full pre-sale procedure -- 50-day default period, written lien notice, two consecutive weeks of newspaper advertising -- before the online auction opens. The auctioneer must hold a South Carolina auctioneer license.
What do I do with money left over after the sale covers the amount owed?
Hold the surplus for the occupant or any secured-interest holder you notified. If the funds go unclaimed for two years after the sale date, you must turn them over under South Carolina's Uniform Disposition of Unclaimed Property Act (Chapter 18, Title 27). Your liability is capped at the total sale proceeds -- you cannot be held responsible beyond what you actually received. S.C. Code Ann. SS 39-20-45(L).
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