Florida Self-Storage Lien Law: A Compliance Guide for Self-Storage Operators

Self-Storage Compliance HubState Lien Laws
Written By Jennifer Aubert
Florida Self-Storage Lien Law Guide, Self-Storage Florida

Here’s a hard truth most operators don’t discover until it’s too late:

Florida lien sales fail far more often due to paperwork errors than tenant disputes.

The most common causes?

* Wrong notice method
* Missing delivery confirmation
* Improper advertising timeline
* SCRA violations

Florida gives self-storage operators strong lien rights without requiring a court order — but those rights come with strict statutory conditions.

Miss one step, and the sale can be voided.

Worse, liability can attach even when the tenant clearly owes the money.

The good news?

Florida’s lien law is predictable if you follow it precisely. Let’s walk through the process so you can protect revenue without creating legal exposure.

Florida Self Storage Compliance Checklist

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The Foundation: How Florida’s Lien Law Works

Florida’s self-storage lien framework is governed by Florida Statutes, Chapter 83, Part III (Self-Service Storage Space).

Under Florida law, the owner of a self-service storage facility has a statutory lien on all personal property stored in the rental space for:

  • Unpaid rent

  • Reasonable late fees

  • Reasonable expenses incurred for preservation of the property

  • Reasonable expenses incurred in enforcing the lien (including advertising and sale costs)

No filing, recording, or UCC perfection is required.
The lien attaches when the tenant places property into the unit.

Important distinction:
While the lien exists automatically, enforcement is conditional. Every notice, delivery method, and timeline must track the statute closely.

The Timeline: From Default to Sale (Florida Is Faster — and Less Forgiving)

Florida’s process moves faster than many other states — which means less margin for error, and more need for precise counting.

Step 1: Rent Is Unpaid → Access May Be Denied

When rent is unpaid when due under the rental agreement, the facility owner may treat the account as in default and adopt a policy to deny access after a short delinquency period (for example, 5 days), even though the statute does not fix that specific number.


Denying access is an access remedy only, not authority to sell, and the sale process cannot begin until notice and advertising requirements are met.

Pro tip:

Document the exact due date, any grace period stated in the lease, the date default is recorded, and the date access is denied, because that record will matter if a sale is challenged.

Step 2: Lien Enforcement Notice (Minimum 14-Day Demand)

To enforce the lien, the owner must send a written notice of intent to enforce the lien in accordance with section 83.806.

Approved delivery methods:

  • In‑person delivery to the tenant.

  • First‑class mail with a certificate of mailing to the tenant’s last known address.

  • Email to the tenant’s last known email address as provided in the rental agreement.

⚠️ Critical Florida rule on email:
If notice is sent by email and the owner does not receive a response, delivery return receipt, or delivery confirmation from the same email address, the owner must also send notice by first-class mail with certificate of mailing before proceeding with a sale.

Email alone, without confirmation and the required postal backup, is not sufficient to support a lien sale.

Required contents of the notice (statutory minimums):

  • An itemized statement of the amount due and the date the amount became due.

  • A demand for payment within a period not less than 14 days after delivery of the notice.

  • A conspicuous statement that unless the claim is paid within the time stated, the personal property will be advertised for sale or other disposition and will be sold or otherwise disposed of at a specified time and place.

  • The name, street address, and telephone number of the owner whom the tenant may contact to respond to the notice.

Highly recommended best‑practice additions (not strictly required by statute, but helpful):

  • A brief description of the property or a general category such as “household goods,” “personal property,” or similar language consistent with the rental agreement.

  • A statement that access to the unit has been denied due to default so the tenant understands the status of the space.

Miss one element → defective notice → invalid sale.

Step 3: Advertisement of Sale (Two Consecutive Weeks)

After the 14‑day demand period has expired without full payment, the owner may proceed to advertise the sale.

Advertising requirements:

  • Publish once per week for two consecutive weeks in a newspaper of general circulation in the area where the facility or the unit is located.

  • Florida does not require use of a special “legal organ” newspaper, but the paper must genuinely qualify as a newspaper of general circulation.

If no qualifying newspaper exists:

The owner must post the advertisement at least 10 days before the sale in not fewer than three conspicuous places in the neighborhood where the facility is located.

Advertisement must include:

  • A brief description of the property or its general contents

  • The tenant’s name

  • The facility address (or unit location)

  • The time, place, and manner of the sale (including online auction details when applicable)

Step 4: Timing of the Sale (15-Day Rule)

The sale or disposition may not occur sooner than 15 days after the date of the first publication of the advertisement.

Do the math carefully.

Florida operators often invalidate sales by miscounting this interval, so every date should be written down and double‑checked.

The Two Rules You Cannot Break in Florida

Rule #1: Always Verify Military Status (SCRA)

Federal law controls here.

Under the Servicemembers Civil Relief Act (50 U.S.C. § 3958), a lien against the property of an active-duty servicemember cannot be enforced without a court order during military service and for 90 days afterward.

Florida practice increasingly expects rental documents to capture military status and alternate contact information to help operators avoid SCRA violations, and lenders, insurers, and counsel often require these disclosures.

Violations can result in:

  • Federal enforcement actions by the DOJ

  • Substantial civil penalties and consent decrees

  • Attorney fees

  • Actual damages

Best practice:
Before every sale, verify status using the Department of Defense SCRA database, download the certificate, and retain it in the tenant’s file as part of the auction packet.

Rule #2: Bankruptcy Stops Everything — Immediately

If a tenant files bankruptcy, an automatic stay goes into effect instantly and lien enforcement must stop.

You must:

  • Halt the sale process

  • Stop lien enforcement

  • Cancel scheduled auctions for that tenant 

  • Cease collection communications related to the debt

You do not need formal court notice. Credible knowledge is enough.

Proceeding after notice of bankruptcy is contempt of court or a willful stay violation.

Conducting the Sale: Commercial Reasonableness Still Applies

Florida requires that any sale or disposition of property under the self-storage lien be conducted in a commercially reasonable manner.

Sales may occur:

  • At the facility

  • At another suitable location

  • Online through a public auction platform

Additional points:

  • An auctioneer license is generally not required when the sale is incidental to the storage operator’s primary business and conducted under the self‑storage lien statute.

  • The tenant retains a right of redemption up until the moment of sale by paying the amount necessary to satisfy the lien plus reasonable expenses of enforcement

After the Sale: Proceeds and the 2-Year Rule

Sale proceeds must be applied in this order:

  1. Amounts secured by the lien, including unpaid rent and other authorized charges.

  2. Reasonable expenses of enforcement, including advertising and sale costs.

Any excess proceeds must be held for the tenant or other entitled parties entitled to them under section 83.806, such as recorded lienholders on titled property.

If unclaimed after two years, the funds are deemed abandoned and the owner has no further obligation regarding those proceeds.

Vehicles and Watercraft: Special Florida Rule

When a lien involves a motor vehicle or watercraft stored in the facility, the operator may proceed though

  • A self‑storage lien sale, or

  • By having the vehicle towed under Florida’s towing laws (after an appropriate period of unpaid charges)

The commonly used 60‑day benchmark for unpaid charges before towing reflects industry guidance and related Florida vehicle‑lien and towing practices, but operators still must follow all notice, title, and disposition procedures in the towing statute.

Once lawfully towed, primary possession and further enforcement responsibilities generally shift to the towing or impound operator under the towing statute, though improper referral can still create exposure for the storage facility.

The Top 5 Mistakes Florida Operators Make

  1. Email-Only Notices Without Confirmation
    No delivery confirmation = mandatory postal backup.

  2. Incorrect Sale Timing
    Especially conducting the sale before the full 14‑day demand period and 15‑day post‑publication period have both run.
    Selling even one day early invalidates the process.

  3. Incomplete Notice Language
    Florida courts enforce the statute literally.

  4. Skipping SCRA Verification
    Or failing to retain the verification certificate.
    This is the fastest way to create federal liability.

  5. Poor Documentation
    If you can’t prove compliance, assume you didn’t comply.

Your Pre-Sale Compliance Checklist (Florida)

  • ☐Rent unpaid and and default recorded under the lease

  • ☐Access denial policy applied consistently and documented in the tenant file.
    ☐ Statutory lien notice sent using a permitted delivery method with all required elements
    ☐ Email confirmation received or, if not, backup first‑class mail with certificate of mailing sent before proceeding

  • ☐Full 14‑day demand period measured from delivery of the notice and honored before advertising.

  • ☐Advertisement placed in a qualifying newspaper for two consecutive weeks or properly posted if no such newspaper exists.

  • ☐At least 15 days elapsed between the first publication date and the sale date, confirmed in writing.

  • ☐SCRA verification completed via the DoD database and certificate stored with the auction paperwork.

  • ☐Reasonable inquiry confirms no bankruptcy filing; sales are stopped immediately if a filing is discovered.

  • ☐Sale method and terms reviewed for commercial reasonableness and documented (including any online auction terms).

  • ☐Complete audit trail retained: lease, notices, proofs of delivery, ads, bids, sale results, and proceeds disbursement records.

Prevention Beats Enforcement

The most profitable operators in Florida conduct fewer lien sales, not more!

Facilities with strong preventive workflows/systems see:

  • Lower delinquency

  • Fewer auctions

  • Lower legal exposure

The key is early, documented intervention — and repeatable processes and systems that don’t rely on memory, manual counting, or one person’s familiarity with the statute.

The Bottom Line

Florida’s lien law gives you speed and power — but demands precision at each step!

One missed notice step.
One improper delivery method.
One unverified military status.

That’s all it takes to turn a routine lien sale into a legal headache.

Operators who succeed in Florida do three things consistently well:

  • Understand the statute and keep forms and timelines current.

  • Systematize compliance with written checklists, calendars, and audit trails

  • Know when to slow down and verify

Your lien is a revenue-protection tool, not a shortcut!

Used carefully, it keeps your operation healthy. Used casually, it creates unnecessary risk.

Legal Disclaimer
This blog reflects Florida self-storage lien law as of December 31, 2025 and is provided for informational purposes only. It does not constitute legal advice. Florida statutes are subject to amendment and judicial interpretation. Always consult a Florida-licensed attorney before enforcing any lien under Chapter 83, Part III.

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  • Statutory notice timing and delivery rules

  • Email confirmation and postal-backup logic

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  • Bankruptcy monitoring

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The result: faster recovery, fewer auctions, and dramatically reduced legal exposure — without relying on staff memory or spreadsheets.

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Sources

Florida statutes (official)
Chapter 83, Part III, contents index (Self-Service Storage Space)


Section 83.803, definitions (self‑service storage facility, owner, rental agreement, etc.)

Section 83.805, lien creation and scope
(Within Chapter 83, Part III index; or directly via the Chapter 83 page)

Section 83.806, enforcement of lien (notice, email rule, advertising, sale, proceeds)

Federal SCRA – storage liens

50 U.S. Code § 3958 – Enforcement of storage liens (primary statutory text)

50 U.S.C. 3958 – Enforcement of storage liens (official U.S. code publication)

Plain‑English, searchable version of 50 U.S.C. § 3958

Helpful interpretive / practice sources

Chapter 83, Part III – summary and practice‑oriented explanation (law firm overview, Florida self‑storage lien and sale process)

Florida storage auction / lien practice guidance (timing, ads, online auctions, common mistakes)

Jennifer Aubert
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