In the District of Columbia, a storage lien cannot be enforced until the tenant has been in default for more than 60 days, so day 61 is the earliest sale date. You must send two mailed notices, the second giving at least 14 days to pay, and you must advertise the sale at least 3 days ahead.
This page is general information, not legal advice. Review your notices and sale plan with your attorney before you act.
District of Columbia lien timeline at a glance
The District's Storage Liens chapter is D.C. Code §§ 40-401 to 40-405, changed by D.C. Law 25-181 in 2024. It has the longest default wait of the group on this page. The statute does not say when the two notices must go out in relation to the 60 days. It only says the default must pass 60 days before you enforce.
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| 1. Rent due, default | Day 0 | Default means failure to perform any rental agreement obligation. You may deny access while in default. | § 40-401(1), § 40-404(h) |
| 2. First notice | Any time (statute gives no timing) | Notice of default by regular mail to the last known address. | § 40-404(b)(1) |
| 3. Second notice | So the 14 days end before the sale | Certified mail with return receipt, or U.S. mail with a certificate of mailing. State the lien, the claim and future charges, a payment demand at least 14 days after mailing, the sale or tow statement and your contact details. | § 40-404(a)(1), (b)(2) |
| 4. Advertisement | At least 3 days before the sale | Newspaper of general circulation where the sale is held, or a public website that regularly advertises or runs property sales. State time, place and terms. | § 40-404(b)(3) |
| 5. Sale | Day 61 | Only after default of more than 60 days. At the facility or on a public website that conducts property sales. | § 40-404(a)(1), (d) |
Worked example: rent is due January 1 and is never paid. Day 61 is March 3, the earliest sale. To keep the 14-day payment period inside that window, mail the second notice by February 17. Mail the first notice earlier than that, and place the ad by February 28 (3 days before March 3). The statute does not say when the notices must be sent, so ask your attorney whether to send the second notice before or after day 60.
What the District of Columbia lien notice must say and how to send it
Two notices are required (§ 40-404(b)).
The first notice of default goes by regular mail to the tenant's last known address. The second goes by certified mail, return receipt requested, or by U.S. mail with a certificate of mailing. The second notice must state that the contents are subject to your lien, the amount of the claim and any charges that will come due, a demand for payment at least 14 days after mailing, a statement that the property will be sold or towed, and your contact information.
Email is not authorized. All notices go by the mail methods above unless the statute says otherwise. A notice is deemed delivered when deposited with the post office, postage prepaid. Use the last known address or another address the rental agreement specifies (§ 40-404(i)).
Alternate contacts and lienholders
The chapter has no alternate contact rule. Notices go to the tenant's last known address or another address stated in the rental agreement. Other recorded lienholders have rights to the surplus, so check for them before you sell (§ 40-404(g), (i)).
Advertising the sale
At least 3 days before the sale, advertise the time, place and terms in a newspaper of general circulation where the sale is held, or on a publicly accessible website that regularly advertises or conducts property sales. The statute states no repeat schedule, so one timely ad satisfies the text (§ 40-404(b)(3)).
Late fee limits
The Storage Liens chapter says nothing about late fees and sets no cap. Your rental agreement controls the amount. Ask your attorney whether other District law limits late fees on your leases.
Sale rules, surplus and records
- Where. A public sale at the self-service facility or on a publicly accessible website that conducts property sales. Only after default exceeds 60 days (§ 40-404(a), (d)).
- Redemption. The tenant may pay any time before the sale.
- 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 sale proceeds.
- Surplus. Satisfy the lien and hold the balance for the tenant or other recorded lienholders on demand. No escheat period is stated.
- Records. Keep the second notice and its receipt or certificate of mailing for 6 months after the sale (§ 40-404(j)).
Vehicles and boats
If the property is a vehicle, watercraft or trailer and the tenant has been in default more than 60 days, you may have it towed by a licensed tow truck business instead of selling it. The second notice must say so. You are not liable for damage once a licensed tower takes possession (§ 40-404(a)(1), (b)(2)(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
- Selling on or before day 60 of default.
- Sending the notices by email.
- Using regular mail for the second notice instead of certified mail or a certificate of mailing.
- Giving fewer than 14 days to pay.
- Advertising fewer than 3 days before the sale.
- Throwing away the receipt or certificate of mailing before 6 months pass.
- Holding the sale somewhere other than the facility or a public sale website.
- 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 read the District's code pages for sections 40-401, 40-403 and 40-404. The statute does not say when the first or second notice must be sent in relation to the 60-day default, whether the 14 days can run inside the 60 days, or whether the second notice must be mailed before day 60. We found no late fee, alternate contact or escheat rule. Section 40-402 only bars residential use, and 40-405 keeps custody with the tenant until the sale. 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.