LotWardenLien laws by state

Storage lien laws · State guide

West Virginia storage lien laws

West Virginia Self-Service Storage Lien Act, W. Va. Code §§ 38-14-1 through 38-14-8 →Verified 2026-06-11

West Virginia gives storage operators a lien on stored property for unpaid rent, labor, late fees, and other charges from the moment property enters the leased space (§ 38-14-3(a)). Enforcement requires more than 60 days of default. Notice by hand delivery or verified mail is unrestricted; email or text requires bold-type rental-agreement authorization and occupant initials — if unconfirmed, hand delivery or verified mail must follow. Notice must allow at least 14 days from the mailing date. The sale must be advertised at least 3 days ahead by newspaper, email, or online posting (email/online also require occupant initials). Motor vehicles, trailers, and watercraft may be towed after 60+ days of default. Late fees cap at the greater of $20 or 20% of monthly rent per month exceeding five days of default (§ 38-14-4). Surplus is mailed to the occupant; amounts unclaimed for one year are presumed abandoned — plausibly under W. Va. Code § 36-8, though Article 14 does not name that act.

At a glance

WV · verified 2026-06-11
Statute
West Virginia Self-Service Storage Lien Act, W. Va. Code §§ 38-14-1 through 38-14-8
Notice delivery
Hand delivery to the occupant (§ 38-14-5(b)(1)) · Verified mail (any USPS or private carrier method providing evidence of mailing) to the occupant's last known address (§§ 38-14-2, 38-14-5(b)(1)) · Electronic mail to the occupant's last known email address — only if the rental agreement specifies in bold type that notice may be given by email or text and the occupant has initialed next to that statement; if no response, return receipt, or delivery confirmation is received, the operator must follow up by hand delivery or verified mail (§ 38-14-5(b)(1), (b)(2)(A)–(B)) · Text message to the occupant's last known contact information — subject to the same bold-type rental-agreement and occupant-initials requirements as email; if unconfirmed, follow-up by hand delivery or verified mail is required (§ 38-14-5(b)(1), (b)(2)(A)–(B))
Sale method
The statute authorizes a public sale after more than 60 days of default, once pre-sale notice and advertising requirements are met. The sale may be held at the storage facility, on an online auction website, or at any other location the operator reasonably determines (§ 38-14-5(e)). If the property's value is insufficient to cover reasonable auction costs plus the lien amount — demonstrated by photographs or images and an affidavit of a knowledgeable and credible person — the operator may dispose of it without a sale (§ 38-14-5(a)). A good-faith purchaser takes the property free and clear of any rights of persons against whom the lien was valid (§ 38-14-5(g)).
Late fees
The statute caps late fees at $20 or 20 percent of the monthly rental fee, whichever is greater, for each month the occupant is in default for five or more days. A default of fewer than five days in a given month does not trigger the statutory late fee. The rental agreement may set a lower fee or a shorter grace period, but it may not exceed the statutory ceiling. No statutory provision in Article 14 addresses one-time administrative fees or returned-check fees — those are governed solely by the rental agreement.
Vehicles & boats
The Self-Service Storage Lien Act does not establish a title-transfer mechanism for motor vehicles or watercraft. Section 38-14-3(b) confirms that the operator's lien on a motor vehicle or watercraft with a previously recorded title lien is effective only while the property remains stored at the facility, but the statute is silent on how the operator or a buyer obtains clear title after a towing or lien sale. No DMV notification or application process is prescribed within Article 14. Whether West Virginia DMV rules or Chapter 17A (abandoned-vehicle statutes) impose parallel requirements to clear the vehicle's title for a buyer cannot be confirmed from Article 14 alone; operators considering a lien sale or towing of a titled vehicle should seek legal counsel to determine whether additional steps are required.

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 stored in the leased space

    Lien attaches at move-in

    The statutory lien attaches automatically on the date personal property is stored within the leased space and continues until the occupant satisfies all rental agreement obligations. No action by the operator is required at this stage. The lien covers agreed rent, labor, late fees, other charges, and reasonable sale or disposition expenses. The rental agreement must include a statement advising the occupant that the lien exists and that property may be sold to satisfy it if the occupant defaults.

    W. Va. Code §§ 38-14-3(a), 38-14-3(c)(1)

  2. 02

    Day 5 or later — if monthly rent remains unpaid for five or more days

    Late fee accrues

    Once the occupant has been in default for five or more days in a given month, the operator may charge a late fee not to exceed $20 or 20 percent of the monthly rental fee, whichever is greater. The fee may be charged each month the occupant remains in default for five or more days. The rental agreement controls whether and when the fee is assessed within that statutory ceiling.

    W. Va. Code § 38-14-4

  3. 03

    Day 61 — occupant has been in default for more than 60 days

    Enforcement threshold reached

    The statute authorizes the operator to enforce the lien only after the occupant has been in default for more than 60 days. Before this point, the operator may not sell the stored property under the lien. The rental agreement must contain a statement advising the occupant that motor vehicles, trailers, or watercraft may be towed or removed after more than 60 days of default.

    W. Va. Code §§ 38-14-3(c)(2), 38-14-5(a)

  4. 04

    After Day 60 of default — before conducting any sale

    Pre-sale notice sent

    Before selling stored property, the operator must notify the occupant by hand delivery, verified mail, email, or text to the occupant's last known address. Email and text require a bold-type rental-agreement statement authorizing those methods and the occupant's initials next to it; if the operator sends by email or text and receives no response, return receipt, or delivery confirmation, the operator must follow up by hand delivery or verified mail. The notice must state that the contents are subject to the lien, identify charges due and any that will accrue before the sale, demand payment within at least 14 days after the mailing date, state the time and place of the proposed sale, and include the operator's name, street address, and telephone number. The occupant may redeem property at any time before the sale by satisfying the lien in full.

    W. Va. Code § 38-14-5(b)

  5. 05

    Days 1–14 (minimum) after pre-sale notice is mailed

    14-day payment period

    The operator must allow the occupant at least 14 days from the date the pre-sale notice was mailed to pay the amount due before proceeding to sale. The occupant retains the right to redeem property and reclaim it by satisfying the lien at any time before the auction begins. If the occupant pays in full during this window, the sale may not proceed.

    W. Va. Code § 38-14-5(b)(3)(C), (d)

  6. 06

    At least 3 days before the sale date

    Sale advertised at least 3 days before auction

    The operator must advertise the time, place, and terms of the sale at least three days before conducting it. Advertising may appear in a newspaper of general circulation in the county or jurisdiction where the facility is located, by electronic mail, or on an online website. Advertising by email or online posting requires that the occupant have initialed the rental-agreement statement authorizing those methods. The operator chooses which permitted channel to use — the three options are statutory alternatives, not cumulative requirements. The rental agreement must separately advise occupants that any sale may be advertised by these methods.

    W. Va. Code §§ 38-14-3(c)(3), 38-14-5(b)(4)

  7. 07

    After the 14-day payment demand period and 3-day advertising period both expire

    Public sale conducted; proceeds distributed

    The operator may sell the stored property at public auction. The sale may be held at the facility, on an online auction website, or at any other location reasonably determined by the operator. If the property lacks sufficient value to cover reasonable auction costs plus the lien amount, the operator may dispose of it without a sale (demonstrated by photographs or images and an affidavit). Proceeds are first applied to satisfy the lien (unpaid rent, fees, charges, and reasonable sale expenses). Any remaining balance is mailed by certified mail to the occupant at the occupant's last known address. If the mailed balance is returned to the operator undelivered, the operator holds it for one year from the date of the sale. After the one-year period, the balance is presumed abandoned.

    W. Va. Code § 38-14-5(a), (e), (f)

Notice requirements

Permitted delivery

  • Hand delivery to the occupant (§ 38-14-5(b)(1))
  • Verified mail (any USPS or private carrier method providing evidence of mailing) to the occupant's last known address (§§ 38-14-2, 38-14-5(b)(1))
  • Electronic mail to the occupant's last known email address — only if the rental agreement specifies in bold type that notice may be given by email or text and the occupant has initialed next to that statement; if no response, return receipt, or delivery confirmation is received, the operator must follow up by hand delivery or verified mail (§ 38-14-5(b)(1), (b)(2)(A)–(B))
  • Text message to the occupant's last known contact information — subject to the same bold-type rental-agreement and occupant-initials requirements as email; if unconfirmed, follow-up by hand delivery or verified mail is required (§ 38-14-5(b)(1), (b)(2)(A)–(B))

The notice must include

  • A statement that the contents of the occupant's leased space are subject to the operator's lien (§ 38-14-5(b)(3)(A))
  • A statement of the operator's claim: the charges due on the date of the notice, any additional charges that will become due before the sale date, and the date those additional charges become due (§ 38-14-5(b)(3)(B))
  • A demand for payment of the charges due within a specified time, not less than 14 days after the date that the notice was mailed (§ 38-14-5(b)(3)(C))
  • A statement that unless the claim is paid within the time stated, the contents of the leased space will be sold at a specified time and place (§ 38-14-5(b)(3)(D))
  • The name, street address, and telephone number of the operator or the operator's designated agent (§ 38-14-5(b)(3)(E))

W. Va. Code § 38-14-5(b)

The part most guides skip

Vehicles, boats & RVs

West Virginia provides a distinct towing/removal path for motor vehicles, trailers, and watercraft stored at self-service storage facilities — separate from (and simpler than) the full lien-sale process. After the occupant is in default for more than 60 days, the operator may have the vehicle, trailer, or watercraft towed or removed from the facility rather than selling it at public auction (§ 38-14-5(k)(1)). The operator is immune from civil liability for any damage to the property that occurs after the person undertaking the towing or removal takes possession (§ 38-14-5(k)(2)). The rental agreement must advise occupants that titled property may be towed or removed after more than 60 days of default (§ 38-14-3(c)(2)). For motor vehicles or watercraft with previously recorded title liens, the operator's lien remains effective only as long as the property remains stored at the facility (§ 38-14-3(b)). Article 14 does not prescribe a DMV title-transfer mechanism, a separate notice timeline for titled vehicles, or lienholder notification requirements. Whether the WV DMV rules, abandoned-vehicle statutes (W. Va. Code Chapter 17A), or certificate-of-title provisions impose additional obligations after removal is not addressed in Article 14 — operators should verify this with legal counsel before towing a titled vehicle with known third-party liens.

Titled property path

The Self-Service Storage Lien Act does not establish a title-transfer mechanism for motor vehicles or watercraft. Section 38-14-3(b) confirms that the operator's lien on a motor vehicle or watercraft with a previously recorded title lien is effective only while the property remains stored at the facility, but the statute is silent on how the operator or a buyer obtains clear title after a towing or lien sale. No DMV notification or application process is prescribed within Article 14. Whether West Virginia DMV rules or Chapter 17A (abandoned-vehicle statutes) impose parallel requirements to clear the vehicle's title for a buyer cannot be confirmed from Article 14 alone; operators considering a lien sale or towing of a titled vehicle should seek legal counsel to determine whether additional steps are required.

W. Va. Code §§ 38-14-3(b), 38-14-3(c)(2), 38-14-5(k)

Sale rules

Method
The statute authorizes a public sale after more than 60 days of default, once pre-sale notice and advertising requirements are met. The sale may be held at the storage facility, on an online auction website, or at any other location the operator reasonably determines (§ 38-14-5(e)). If the property's value is insufficient to cover reasonable auction costs plus the lien amount — demonstrated by photographs or images and an affidavit of a knowledgeable and credible person — the operator may dispose of it without a sale (§ 38-14-5(a)). A good-faith purchaser takes the property free and clear of any rights of persons against whom the lien was valid (§ 38-14-5(g)).
Advertising
The operator must advertise the time, place, and terms of the sale at least three days before the sale date. Advertising may be published in a newspaper of general circulation in the jurisdiction, sent by electronic mail, or posted on an online website (§ 38-14-5(b)(4)(A)). Advertising by email or online posting is permitted only if the occupant initialed the rental-agreement provision authorizing those methods (§ 38-14-5(b)(4)(B)). The statute treats these as alternatives — the operator need use only one method. The rental agreement must separately advise the occupant that sales may be advertised by these channels (§§ 38-14-3(c)(3), 38-14-5(b)(4)).
Proceeds & surplus
After satisfying the lien from sale proceeds, the operator mails any surplus by certified mail to the occupant at the occupant's last known address (§ 38-14-5(f)(1)). If the balance is returned undelivered, the operator holds it for one year from the sale date, after which the balance is presumed abandoned (§ 38-14-5(f)(2)). Article 14 does not cross-reference a specific unclaimed-property statute by name, but the West Virginia Uniform Unclaimed Property Act (W. Va. Code § 36-8) plausibly governs — operators should confirm with legal counsel. The statute does not address surplus claims by recorded lienholders of the stored property; the operator's obligation runs to the occupant.

W. Va. Code §§ 38-14-3(c)(3), 38-14-5(a), (b)(4), (e), (f)

Late fees

The statute caps late fees at $20 or 20 percent of the monthly rental fee, whichever is greater, for each month the occupant is in default for five or more days. A default of fewer than five days in a given month does not trigger the statutory late fee. The rental agreement may set a lower fee or a shorter grace period, but it may not exceed the statutory ceiling. No statutory provision in Article 14 addresses one-time administrative fees or returned-check fees — those are governed solely by the rental agreement.

W. Va. Code § 38-14-4

Operator questions

My outdoor lot rents spaces for RVs, boats, and trailers. Do I have to sell them at auction or can I tow them?

The statute gives operators a choice. After an occupant has been in default for more than 60 days, the operator may either sell stored property at public auction following the standard lien-sale process or have the motor vehicle, trailer, or watercraft towed or removed from the facility (§ 38-14-5(k)). Towing is the simpler path operationally: once the towing person takes possession, the operator is immune from civil liability for any subsequent damage. The rental agreement must advise tenants that titled property may be towed after more than 60 days of default (§ 38-14-3(c)(2)). However, Article 14 does not specify how a buyer or the towing party obtains clean title after a tow — operators should verify the title-clearing process with legal counsel before choosing that path for a titled vehicle with a prior recorded lien.

How long do I have to wait before I can enforce the lien and sell or tow?

The statute requires the occupant to be in default for more than 60 days before the operator may enforce the lien (§ 38-14-5(a)). The 60-day clock runs from the first day of default under the rental agreement. After day 60, the operator must still send the pre-sale notice and allow at least 14 days from the date of mailing for the occupant to pay before proceeding to sale. Towing of motor vehicles, trailers, or watercraft also requires more than 60 days of default (§ 38-14-5(k)(1)).

What exactly must my pre-sale notice say, and how do I send it?

The notice must state that the leased space contents are subject to the operator's lien, identify all charges currently due and any additional charges that will become due before the sale along with the date those charges accrue, demand payment within at least 14 days after the date the notice was mailed, state the time and place of the proposed sale, and include the operator's name, street address, and telephone number (§ 38-14-5(b)(3)). It may be delivered by hand or verified mail without restriction. Email or text may be used only if the rental agreement specifies in bold type that these methods are authorized and the occupant has initialed next to that statement; if no response, receipt, or delivery confirmation is received after sending by email or text, the operator must re-send by hand delivery or verified mail (§ 38-14-5(b)(2)).

Do I need to run a newspaper ad before the sale?

Not necessarily. The statute requires advertising of the time, place, and terms of the sale at least three days before the auction, but allows the advertisement to run in a newspaper of general circulation in the jurisdiction, by electronic mail, or on an online website (§ 38-14-5(b)(4)(A)). These are alternatives — posting on your facility's website or sending an email advertisement satisfies the requirement. However, advertising by email or online posting is only permitted if the occupant initialed the relevant rental-agreement provision (§ 38-14-5(b)(4)(B)). The rental agreement must separately advise occupants that sales may be advertised by these methods (§ 38-14-3(c)(3)).

What is the statutory cap on late fees?

West Virginia caps late fees at $20 or 20 percent of the monthly rental fee, whichever is greater, for each month the occupant is in default for five or more days (§ 38-14-4). A default period of fewer than five days in a given month does not trigger the fee. The fee applies monthly as long as the occupant remains in default past the five-day threshold. The rental agreement controls whether you charge up to the cap or less.

What happens to money left over after I sell a tenant's property?

After applying sale proceeds to the lien (unpaid rent, fees, charges, and reasonable sale expenses), the operator mails any surplus by certified mail to the occupant at the last known address (§ 38-14-5(f)(1)). If the mailing is returned undelivered, the operator holds the balance for one year from the sale date, after which the balance is presumed abandoned (§ 38-14-5(f)(2)). Article 14 does not name a specific unclaimed-property statute, but West Virginia's Uniform Unclaimed Property Act (W. Va. Code § 36-8) plausibly governs once the balance is presumed abandoned. Keep a written record of the sale date, amount, and any returned mail in case the occupant later claims the surplus.

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