In Delaware, your lien notice must give the tenant at least 30 days to pay. You then advertise once a week for two consecutive weeks, and you may not sell sooner than 30 days after the first ad, so the earliest sale is roughly 60 days after the notice is delivered.
This page is general information, not legal advice. Review your notices and sale plan with your attorney before you act.
Delaware lien timeline at a glance
Delaware's Self-Service Storage Facility Act is 25 Del. C. §§ 4901 to 4905, amended in 2025 (85 Del. Laws c. 122). The statute sets no minimum number of days of default before you send the first notice. It only says the claim has become due. The long timers are the 30-day payment period and the 30 days between the first ad and the sale. The ad run does not overlap the payment period.
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| 1. Rent due, default | Day 0 | Lien attaches when property is brought in if the written lease says so. A notice may follow once the claim has become due. | § 4903, § 4904(a) |
| 2. Lien notice | Any time after the claim is due | Itemized claim, general description of the property, notice of access denial if your lease allows it, and a demand for payment within a stated time of at least 30 days after delivery. Include a conspicuous sale statement. | § 4904(a)(1) to (3) |
| 3. Alternate contact | Before or after the notice | Contact the next-of-kin, emergency or secondary contact named in the lease. | § 4904(a)(4) |
| 4. Advertisement | After the 30-day period ends | Once a week for 2 consecutive weeks in a print or electronic county newspaper, or on a public independent auction website. | § 4904(c) |
| 5. Sale | About day 60 after delivery (derived) | Not sooner than 30 days after the first publication. Facility or nearest suitable place, including a public website. | § 4904(c)(3), (e) |
Worked example: you deliver the notice on January 1. The tenant has until January 31 to pay. You publish on February 1 and February 8. The earliest sale is March 3, which is 30 days after the first ad. That is the derived date, and the statute does not say the ad may start on the day after the payment period, so ask your attorney to confirm your count.
What the Delaware lien notice must say and how to send it
The notice goes to the tenant and must itemize the claim, describe the property in general terms, say that access is denied if your lease allows it, demand payment within a stated time of at least 30 days after delivery, and state in conspicuous type that the property will be sold if unpaid (§ 4904(a)).
You can deliver it in person, by verified mail, by certified mail to the last-known address, or by email. Email is allowed only if the rental agreement, original or modified, says email notice is authorized, the tenant affirmatively consents and agrees to report email changes, and that consent is in bold or underlined type. If you do not receive an electronic receipt showing delivery, send a copy by verified or certified mail. A notice is presumed delivered when mailed postage prepaid or emailed to the address the tenant provided (§ 4904(a)(2), (b)).
Alternate contacts and lienholders
Delaware requires an alternate contact step. You must contact a next-of-kin, emergency or secondary contact, using the information in the rental agreement, either before or after you send the lien notice. Your lease form must give the tenant a chance to provide that information (§ 4904(a)(4)). Record the date and method of the contact attempt in your file.
Advertising the sale
After the time given in the notice runs out, publish once a week for two consecutive weeks. Use the print or electronic version of a newspaper of general circulation in the county where the facility sits, or a publicly accessible independent website that regularly advertises or conducts online auctions or sales of personal property. The ad must give a description of the property, the facility address and space number, the tenant's name, and the time, place and manner of the sale (§ 4904(c)).
Late fee limits
You may charge a reasonable late fee each month, up to the greater of $20 or 20% of the monthly rent. The lease must disclose the amount and timing. The fee may be in addition to other reasonable expenses (§ 4904(l)).
Sale rules, surplus and records
- Where. At the facility or the nearest suitable place. A public sale includes a publicly accessible website that regularly runs online auctions. No auctioneer license is required. The sale must match the notice (§ 4904(e), (g)).
- Redemption. The tenant may pay before the sale.
- Surplus. Satisfy the lien from the proceeds and hold the balance for delivery on demand to the tenant. Unclaimed money is subject to Delaware escheat law, 12 Del. C. ch. 11, with abandonment presumed 5 years after the sale (§ 4904(i)).
- Records. No retention period is stated. Keep the lease with the consent language, the notice, proof of delivery, contact attempts, the ads and the sale file.
Vehicles and boats
If the property is a motor vehicle, trailer or watercraft and the tenant is in default for 60 consecutive days, you may have it towed. Send the tenant, by verified mail or email to the last-known address, the towing company's name, address and phone and the facility address where it can be redeemed. Resend by verified mail if you get no electronic delivery receipt. Your lien is subordinate to liens or security interests on vehicles titled under 21 Del. C. ch. 23 (§ 4904(f), § 4903).
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. We found no Delaware-specific military provision in the act.
Common mistakes checklist
- Giving fewer than 30 days to pay.
- Emailing without bold or underlined email consent in the lease.
- Skipping the paper backup when no electronic receipt came back.
- Forgetting the next-of-kin or emergency contact.
- Starting the ads before the 30-day payment period ends.
- Selling less than 30 days after the first ad.
- Charging a late fee above the greater of $20 or 20% of rent.
- Treating unclaimed surplus as yours instead of following escheat law.
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 statute sets no minimum days of default before the first lien notice, only that the claim has become due. The ad runs after the notice time expires, so the 30-day payment period and the ad cycle do not overlap, which is why the sale is about 60 days out. Section 4904(m) describes a separate 35-day termination route, which is not a lien sale and is not covered here. 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.