Storage lien laws · State guide
Texas storage lien laws
Texas Property Code, Chapter 59 — Self-Service Storage Facility Liens →Verified 2026-06-10
Texas gives self-service storage operators a statutory lien on everything stored in a unit the moment it is placed there (§59.006). To enforce the lien without going to court, the rental agreement must contain a conspicuously printed contractual landlord's lien clause (§59.041). After a tenant defaults, the operator delivers a written notice of claim; if unpaid for 14 days, the operator advertises a public sale (newspaper or online). For titled motor vehicles, boats, vessels, and outboard motors, a separate 30-day notice-to-owner/lienholder track applies (§59.0445), or the unit can be towed to a licensed vehicle storage facility (§59.052, added 2021). Texas sets no statutory late fee cap — the rental agreement controls the amount.
At a glance
TX · verified 2026-06-10- Statute
- Texas Property Code, Chapter 59 — Self-Service Storage Facility Liens
- Notice delivery
- Personal delivery to the tenant · Email — only if the rental agreement expressly authorizes email communications (§59.043(d)) · Verified mail (any method that provides proof of delivery) to the tenant's last known address (§59.043(c))
- Sale method
- A public sale conducted either in person at the facility or a reasonably nearby public location, or through a publicly accessible internet website (online auction). The operator must sell to the highest bidder and must follow the advertised sale terms exactly (§59.045).
- Late fees
- No statutory cap on late fees in Texas Property Code Chapter 59. The amount, timing, and structure of late fees are set by the rental agreement. The lien attaches to "charges that are due and unpaid" (§59.021), which includes any late fees valid under the rental agreement. The DTPA (Tex. Bus. & Com. Code §17.41 et seq.) provides a civil damages remedy for violations of Chapter 59 (§59.005) but does not function as a fee cap.
- Vehicles & boats
- Title transfer does not flow through the storage operator — it occurs through the vehicle storage facility (Path 2, Tex. Occ. Code Ch. 2303) or through the purchaser at a public lien sale applying to TxDMV with the auction documentation (Path 1). The storage operator has no independent DMV title-transfer mechanism; the sale auction record and compliance with §59.0445 serve as the basis for the buyer's title application.
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 unpaid past the due date in the rental agreement
Default begins
The statutory lien has already attached since the day the tenant placed property at the facility (§59.006). At this point no enforcement action is required, but the lien on the stored goods is active and takes priority over all other liens on the same property.
Tex. Prop. Code §§ 59.021, 59.006
- 02
As soon as the operator decides to enforce — no minimum waiting period before sending notice is specified
Deliver notice of claim to tenant
The operator delivers written notice containing an itemized account of the charges, contact information, a seizure statement, a 14-day cure warning, and the military-service notification request. Delivery can be in person, by verified mail, or by email if the rental agreement permits email. The rental agreement must contain a conspicuously printed contractual landlord's lien clause, or the operator must instead pursue a court judgment.
Tex. Prop. Code §§ 59.041(b), 59.042(a), 59.043(a)–(d)
- 03
Days 1–14 after notice is delivered
14-day cure period
The tenant has 14 days from the date notice is delivered to pay the full amount of the claim. The tenant may redeem seized property at any point before the sale by paying the lien amount plus the operator's reasonable expenses incurred under Chapter 59 (§59.008). No sale may proceed during this window.
Tex. Prop. Code §§ 59.042(b), 59.008
- 04
Beginning on Day 15 after notice of claim was delivered (if tenant did not pay)
Publish or post sale notice
If the tenant fails to satisfy the claim by Day 14, the operator must publish or post notice advertising the sale. Publication option: once in each of two consecutive weeks in a newspaper of general circulation in the county where the facility is located, OR at an internet website address if the sale will be conducted online. Posting option (if no newspaper exists): copies posted at the facility and at least five other conspicuous nearby locations. The sale notice must include a general description of the property, a statement it is being sold to satisfy a landlord's lien, the tenant's name, the facility address, and the time, place (physical address or website URL), and terms of sale.
Tex. Prop. Code §§ 59.042(b)–(c), 59.044(a)–(b)
- 05
Publication sale: no sale before Day 15 after first publication. Posting sale: no sale before Day 11 after notices are posted.
Waiting period after notice of sale
If the sale notice was published in a newspaper or on a website, the operator must wait at least 15 days after the first publication date. If the sale notice was posted at the facility and nearby locations, the operator must wait at least 10 days after posting. The tenant retains the right to redeem the property up to the moment of sale.
Tex. Prop. Code § 59.042(c)
- 06
After the applicable waiting period — in-person or online
Conduct the public sale
The sale must be a public sale. It can be conducted at the self-service storage facility or a reasonably nearby public location, or through a publicly accessible internet website (e.g., an online auction platform). The operator must follow the advertised terms exactly and sell to the highest bidder. A good-faith purchaser takes the property free of claims even if the operator failed to comply with Chapter 59 procedures (§59.007).
Tex. Prop. Code §§ 59.045(a)–(b), 59.007
- 07
Immediately after the sale
Apply proceeds and notify tenant of surplus
Sale proceeds are applied to the lien amount and reasonable sale expenses. If proceeds exceed those amounts, the operator delivers written notice of the surplus to the tenant's last known address. The tenant has two years from the sale date to claim the surplus. If unclaimed after two years, the surplus belongs to the operator.
Tex. Prop. Code § 59.046
Notice requirements
Permitted delivery
- Personal delivery to the tenant
- Email — only if the rental agreement expressly authorizes email communications (§59.043(d))
- Verified mail (any method that provides proof of delivery) to the tenant's last known address (§59.043(c))
The notice must include
- An itemized account of the claim (all charges owed)
- The lessor's name, address, and telephone number (or the lessor's agent)
- A statement that the contents have been seized under the contractual landlord's lien
- A warning that property may be sold at public auction or towed to a vehicle storage facility if the tenant fails to satisfy the claim within 14 days
- A conspicuously marked military-service statement requesting any tenant in military service to notify the lessor immediately of that status
Tex. Prop. Code §§ 59.042(a), 59.043(a)–(d)
The part most guides skip
Vehicles, boats & RVs
Texas provides two separate paths for titled vehicles, boats, motorboats, vessels, and outboard motors stored at a self-service storage facility. PATH 1 — In-facility lien sale (§59.0445): Within 30 days of taking possession, the operator sends verified mail to the last known owner and every recorded lienholder, stating the charges, requesting payment, and warning that the property may be sold at public auction if unpaid within 31 days. If owner/lienholder information cannot be obtained from the registration authority (refusal, no response within 21 days, or unlocatable addresses), newspaper publication is permitted instead. After the 31-day cure period, the operator may hold a public sale. For motor vehicles only, if the vehicle has no residual value beyond parts or scrap, or if a public sale is not economical, the operator may alternatively dispose of it under Transportation Code Chapter 683 (junk vehicle process), applying fair market value to the charges (§59.0445(g)). Boats and vessels do NOT have this junk disposal shortcut — they must be sold publicly. PATH 2 — Tow to vehicle storage facility (§§59.051–59.055, added 2021): If the rental agreement expressly authorizes towing, the operator delivers the standard §59.043 notice of claim, waits 14 days for non-payment, obtains the vehicle storage facility's written consent, and transfers the property. Once towed, the operator's lien is extinguished (§59.053) and the vehicle storage facility handles all further disposition under Texas Occupations Code Chapter 2303 (Vehicle Storage Facilities). The operator is not liable for damage during or after towing (§59.055). PATH 2 is simpler operationally but the operator loses lien rights once the property leaves the facility.
Titled property path
Title transfer does not flow through the storage operator — it occurs through the vehicle storage facility (Path 2, Tex. Occ. Code Ch. 2303) or through the purchaser at a public lien sale applying to TxDMV with the auction documentation (Path 1). The storage operator has no independent DMV title-transfer mechanism; the sale auction record and compliance with §59.0445 serve as the basis for the buyer's title application.
Tex. Prop. Code §§ 59.0445, 59.051–59.055; Tex. Occ. Code § 2303 (Subchapter D)
Sale rules
- Method
- A public sale conducted either in person at the facility or a reasonably nearby public location, or through a publicly accessible internet website (online auction). The operator must sell to the highest bidder and must follow the advertised sale terms exactly (§59.045).
- Advertising
- Notice of sale must be published once in each of two consecutive weeks in a newspaper of general circulation in the county, or — if the sale is online — at the auction website address. If no qualifying newspaper exists, the operator may post copies at the facility and at least five other conspicuous nearby locations. The advertisement must include: general property description, statement that a landlord's lien is being enforced, tenant's name, facility address, and time/place/terms of sale (§59.044).
- Proceeds & surplus
- Proceeds cover the lien and reasonable sale expenses. Any surplus must be reported in writing to the tenant's last known address. The tenant has two years from the sale date to request the excess; after two years, ownership of the surplus transfers to the operator (§59.046).
Tex. Prop. Code §§ 59.044, 59.045, 59.046
Late fees
No statutory cap on late fees in Texas Property Code Chapter 59. The amount, timing, and structure of late fees are set by the rental agreement. The lien attaches to "charges that are due and unpaid" (§59.021), which includes any late fees valid under the rental agreement. The DTPA (Tex. Bus. & Com. Code §17.41 et seq.) provides a civil damages remedy for violations of Chapter 59 (§59.005) but does not function as a fee cap.
Tex. Prop. Code §§ 59.005, 59.021
Operator questions
My tenant stores an RV in an outdoor lot. Do I use the same 14-day notice process as for a regular storage unit?
Not quite. An RV that requires a Texas title or registration (or is titled out of state) falls under the titled-vehicle track in §§59.0445 and 59.051–59.055, not the standard 14-day seizure-and-sale procedure. Within 30 days of taking possession, send verified mail to the last known owner and every recorded lienholder with an itemized claim and a warning that the RV may be sold at public auction if unpaid within 31 days. If you cannot get owner or lienholder information from the registration authority, newspaper publication is the fallback. After 31 days, hold a public sale. Alternatively, if your rental agreement authorizes towing, you can transfer the RV to a licensed vehicle storage facility under §59.052 — but once it leaves your property, your lien is extinguished and the facility takes over disposition.
Can I auction a tenant's unit online instead of holding an in-person auction?
Yes. The 2017 amendment (S.B. 952) to §59.045 expressly allows sale "through an Internet website accessible to the public." The sale notice must list the website address as the place of sale (§59.044(a-1)(2)), and you still publish notice once in each of two consecutive weeks — either in a newspaper or on the auction site itself. All other rules apply: sell to the highest bidder, follow the advertised terms, and you cannot complete the sale until at least 15 days after the first publication date.
What goes in the notice of claim I send to the tenant?
Section 59.043(a) requires five things: (1) an itemized account of all charges owed; (2) your name, address, and phone number (or your agent's); (3) a statement that the contents have been seized under the contractual landlord's lien; (4) a warning that property may be sold at public auction or towed to a vehicle storage facility if the claim is not satisfied within 14 days; and (5) a conspicuously marked statement asking any tenant in military service to notify you of that status immediately. You can deliver the notice in person, by verified mail, or by email — but email is only permitted if the rental agreement expressly authorized email communications in writing.
A tenant's boat has no real market value. Can I junk it the way I can junk a worthless car?
No. The junk/scrap disposal shortcut in §59.0445(g)(2) applies only to motor vehicles, not to motorboats, vessels, or outboard motors. A boat must be sold at a public sale regardless of its condition or salvage value. If the sale proceeds do not cover your charges, you may pursue any remaining balance through other legal remedies (§59.054 preserves those rights).
How much can I charge in late fees under Texas law?
Texas Property Code Chapter 59 does not set a dollar or percentage cap on late fees. Your rental agreement controls the amount. The lien attaches to all "charges that are due and unpaid" (§59.021), which includes contractual late fees. Make sure the fee structure is clearly stated in the rental agreement; fees that are not disclosed in writing may not be recoverable, and charging fees in a deceptive way could trigger a DTPA claim against you under §59.005.
If I sell the unit and proceeds exceed what the tenant owes, what do I do with the extra money?
Under §59.046, deliver written notice of the surplus to the tenant's last known address. The tenant has two years from the sale date to claim the excess funds. If they do not claim it within two years, the surplus legally becomes yours. Keep a record of the written notice and the sale date in case the tenant returns.
Why we wrote this
LotWarden tracks the Texas lien clock for you
Billing software built for storage lots: month-based autopay, vehicle records, and lien-notice reminders that follow your state’s deadlines instead of living in your head. $79/month flat — first 25 lots get a free beta, then $39/month locked for life.
Join the founding waitlist