In Alabama, you may sell a delinquent tenant's belongings only after the tenant has been in default for more than 30 days, so day 31 is the earliest sale date. You must also send a default notice at least 20 days before the sale, giving the tenant at least 10 days to pay, and run one newspaper ad at least 7 days before the sale.
This page is general information, not legal advice. Review your notices and sale plan with your attorney before you act.
Alabama lien timeline at a glance
Alabama's rules are in the Self-Service Storage Facilities Act, Ala. Code § 8-15-40 and the sections after it (Article 2A, enacted in 2021 and effective October 1, 2021). The lien attaches when the tenant puts goods in the unit. The statute does not say how soon after a missed payment you may send the notice. It only requires that the sale come after 30 days of default and at least 20 days after the notice.
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| 1. Rent due, default | Day 0 | Lien already attached. Default means failing to perform an obligation on time. | § 8-15-41(2), § 8-15-44(b) |
| 2. Late fee and access denial | Day 0 | Charge the fee your lease provides. You may deny access and move goods to other suitable storage. The statute sets no waiting period. | § 8-15-44(e), § 8-15-45 |
| 3. Default notice | About day 11 (derived) | Send to the tenant and any lienholder named in the lease, at least 20 days before the sale. Demand payment by a date at least 10 days after the notice date. | § 8-15-46(a), (b)(1) |
| 4. Newspaper ad | At least 7 days before the sale | One ad in a county newspaper of general circulation giving time, place and terms. Other commercially reasonable methods are allowed in two cases (see below). | § 8-15-46(b)(2) |
| 5. Sale | Day 31 | Default must exceed 30 days and the 20-day notice period must have run. Tenant may redeem any time before the sale. | § 8-15-46(a), (e) |
Worked example: rent is due January 1 and goes unpaid. Day 31 of default is February 1, so that is the earliest sale date. Counting back 20 days puts the latest notice date at January 12, and the notice must give a pay-by date no earlier than January 22. The ad must run by January 25. These dates are derived from the statute's wording, which does not state them directly, so confirm your count with your attorney.
What the Alabama lien notice must say and how to send it
The default notice goes to the occupant and to any lienholder the occupant named in the rental agreement. It must say (§ 8-15-46(b)(1)):
- The contents are subject to the operator's lien.
- The amount due, and any additional charges that will come due before the sale, with dates.
- A demand for payment by a date at least 10 days after the date of the notice.
- That the property will be sold or disposed of after a stated time if unpaid.
- The operator's name, street address and phone number.
Send it by verified mail or by email. Verified mail means any USPS or private delivery method that gives evidence of mailing, and it is deemed delivered when deposited, postage prepaid. Email goes to the last known address (the email in the rental agreement or a later written change) and is deemed delivered when sent. If an automated message tells you the email could not be delivered, you must follow up by verified mail (§ 8-15-46(h), § 8-15-41). Your rental agreement also needs a bold statement about the lien and possible sale (§ 8-15-44(c)).
Alternate contacts and lienholders
Alabama does not require an alternate contact. What it does require is notice to any lienholder the tenant identifies, and your lease must tell the tenant to disclose lienholders (§ 8-15-44(c)(3), § 8-15-46(b)(1)). Make sure your lease form has that line, and copy the lienholder on the default notice.
Advertising the sale
Publish once in a newspaper of general circulation in the county where the facility sits, at least 7 days before the sale. The ad states the time, place and terms. One ad may list several sales. There are two exceptions: if the county has no such newspaper, or if you determine from past experience that the contents are worth $500 or less, you may advertise in any commercially reasonable manner. A manner is deemed reasonable if it is likely to attract at least three independent bidders in person or online (§ 8-15-46(b)(2)).
Late fee limits
The lease may provide a reasonable late fee when the tenant is in default. A monthly fee of $20 or 20% of monthly rent, whichever is greater, is deemed reasonable and not a penalty (§ 8-15-44(e)). The statute's definition of late fee leaves out interest, collection costs and the cost of preserving and selling the goods, so those are treated separately (§ 8-15-41(6)).
Sale rules, surplus and records
- How to sell. Public or private sale, as a whole unit or in parcels, by sealed or open bids, at any time and place if commercially reasonable. That includes the facility, another suitable place, or a public website that runs lien sales or personal property sales (§ 8-15-46(e), (g)).
- Buying. The operator may buy at a public sale. Goods with no commercial value after a reasonable sale attempt may be otherwise disposed of.
- Surplus. Pay the lien from the proceeds. Secured lienholders' rights move to what is left. Hold the balance for the tenant or secured lienholder on demand. If it is unclaimed one year after the sale, it becomes yours (§ 8-15-46(c), (f), (i)).
- Buyer protection. A good faith purchaser takes free and clear, even if the operator missed a step.
- Records. The statute does not set a retention period. Keep the lease, notices, proof of mailing or email, the ad and the sale paperwork, and ask your attorney how long.
Vehicles and boats
If a vehicle, watercraft or trailer has had unpaid rent and charges for 60 days, you may have it towed by a licensed and bonded tower. You are not liable for damage once the tower takes possession, and removal does not end the lien. Watercraft sales must follow § 33-5A-4. Unclaimed motor vehicles must be reported under § 32-8-84, and abandoned vehicles are sold under Title 32, Chapter 13, notwithstanding the storage act (§ 8-15-46(d)).
Active-duty military (SCRA)
Federal law adds protections for servicemembers, and owners must check military status before a sale. See 50 U.S.C. 3958.
Common mistakes checklist
- Setting a sale date before day 31 of default.
- Sending the default notice fewer than 20 days before the sale.
- Giving fewer than 10 days to pay in the notice.
- Leaving out the lienholder named in the lease.
- Treating a bounced email as delivered instead of following up by verified mail.
- Skipping the newspaper ad when the county has a paper and the contents may be worth more than $500.
- Setting a late fee above the greater of $20 or 20% of rent.
- Selling before checking servicemember status.
Tools to help
Use the lien timeline calculator to count your dates, read about lien and auction management, and see all state lien laws. The self storage auction process guide covers the sale itself, and the lien notice template gives you a starting draft.
What we could not confirm
We worked from the enrolled text of SB140 (2021), not a current codified copy. A 2026 bill (SB260) that would change publication rules was reported as indefinitely postponed by a secondary source, and we did not confirm that. The statute does not say when the notice may first be sent, so the day 11 date is arithmetic, not a stated rule. It is also implied but not explicit that the 10-day payment demand and the 20-day pre-sale period run at the same time. The law applies to rental agreements entered, extended or renewed after October 1, 2021. Check the current code with your attorney.
Last reviewed: October 19, 2026. This page is general information, not legal advice. Review every notice and sale with your attorney.