In Arkansas, you cannot sell a delinquent tenant's belongings until the tenant has been in default for more than 45 days, so day 46 is the earliest sale date. You must first send a written notice giving at least 14 days to pay, then run one newspaper ad at least 7 days before a public sale for cash at the facility.
This page is general information, not legal advice. Review your notices and sale plan with your attorney before you act.
Arkansas lien timeline at a glance
Arkansas' Self-Service Storage Facilities law starts at Ark. Code Ann. § 18-16-401. You may deny access as soon as the tenant is in default, but selling takes more than 45 days of default and three notices to different people. The statute does not say how the 45 days are counted, so this page counts from the missed due date.
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| 1. Rent due, default | Day 0 | Failure to timely perform a rental agreement obligation. Lease must carry a bold statement of the lien and possible sale or removal. | § 18-16-401, § 18-16-404 |
| 2. Access denial | Day 0 | You may deny access in default. No minimum period. | § 18-16-405 |
| 3. Notice to tenant | By day 32 at the latest (derived) | First class mail with certificate of mailing to the last known address, demanding payment within at least 14 days after sending. Email only with the tenant's permission. | § 18-16-406(a), § 18-16-407(a)(1), § 18-16-409 |
| 4. Check lienholders | Before the sale | Check the circuit clerk's records for lienholders and mail them notice at least 10 days before the sale. | § 18-16-407(a)(3) |
| 5. Newspaper ad | At least 7 days before the sale | One ad in a newspaper of general circulation in the facility's county. | § 18-16-407(a)(2) |
| 6. Sale | Day 46 | Public sale for cash at the facility. Tenant may redeem any time before it. | § 18-16-406(a), § 18-16-407(b), (c) |
Worked example: rent is due March 1 and goes unpaid. More than 45 days of default is April 16, so that is the earliest sale. You mail the notice no later than April 1 so the 14-day payment period ends April 15. You mail lienholder notices by April 6 and the ad runs by April 9. These dates are derived from the statute's wording, so confirm them with your attorney.
What the Arkansas lien notice must say and how to send it
The notice to the tenant lists the charges and any future charges, demands payment within a stated time of at least 14 days after the notice is sent, and gives the date, time and place of the sale. Send it by first class mail with a certificate of mailing to the last known address. The last known address means the postal or email address in the rental agreement or a later written change. Mail is deemed delivered when deposited with the post office (§ 18-16-407(a)(1), § 18-16-409).
Email may replace the mailed tenant notice only if the tenant provided an email address and gave permission to use it as legal notification. Lienholder notices still go by first class mail with a certificate of mailing. Keep copies of the notices and return receipts for 6 months after the sale or removal.
Alternate contacts and lienholders
Arkansas has no alternate contact rule. The extra notice you owe is to lienholders. Check the circuit clerk's records for recorded liens on the property and mail each lienholder notice at least 10 days before the sale (§ 18-16-407(a)(3)).
Advertising the sale
Run one advertisement in a newspaper of general circulation in the county where the facility sits, at least 7 days before the sale or removal. The statute names a newspaper only. It does not offer an online or other commercially reasonable alternative (§ 18-16-407(a)(2)).
Late fee limits
If the amount and conditions are stated in the rental agreement or an addendum, a monthly late fee may not exceed the greater of $30 or 20% of monthly rent. You may charge lien enforcement and collection expenses on top of that (§ 18-16-411).
Sale rules, surplus and records
- Where. A public sale for cash at the self-service storage facility where the goods are kept. The statute does not address online sales, so we did not treat them as allowed.
- Redemption. The tenant can pay and take the goods any time before the sale.
- Surplus. Apply proceeds to the lien and hold the balance for the tenant or recorded lienholders on demand. If it is not demanded within 2 years after the sale, it goes to the county (§ 18-16-407(d) to (f), § 18-16-408).
- Buyer protection. A good faith purchaser takes free of the tenant's and other lienholders' rights. If you complied, your liability is limited to the net proceeds.
- Records. Keep notices and return receipts for 6 months after the sale.
Vehicles and boats
Motor vehicles, trailers and watercraft count as personal property, and the lien includes removal fees. If the tenant has been in default at least 60 days, you may remove the vehicle, trailer or watercraft instead of selling it. The same notice, ad and lienholder steps apply to removal. You are not liable for the property once a towing operator takes possession. A sale still needs more than 45 days of default (§ 18-16-401 and the following sections).
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
- Counting the 45 days wrong, or selling on day 45.
- Giving fewer than 14 days to pay.
- Emailing the notice without the tenant's written permission to use email as legal notice.
- Forgetting the 10-day mailed notice to lienholders from the circuit clerk search.
- Running the ad fewer than 7 days before the sale.
- Putting a late fee above the greater of $30 or 20% of rent.
- Holding the sale online or off site without checking with your attorney.
- Not keeping notices and receipts for 6 months.
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
The official legislature site and Justia were blocked, so the text came from an Official Code of Arkansas copy (release r76) that includes amendments through 2015. Later amendments could be missing. The letter and number labels inside § 18-16-407 were lost in that copy, so the subdivision cites are approximate. The statute does not say how the 45 days are counted. Whether an online auction meets the facility sale requirement is not addressed. 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.