This is general information, not legal advice. Review every notice and sale with your attorney.
In Florida, you can sell a delinquent tenant's belongings about 29 days after the lien notice is delivered. The notice must give at least 14 days to pay, then you advertise once a week for two consecutive weeks, and the sale must be at least 15 days after the first ad. The law is the Florida Self-Storage Facility Act, sections 83.801 to 83.809.
Florida does not set a waiting period after missed rent. The lien attached when the property came into the unit. Your count starts when the notice is delivered, not on the default date.
Florida lien timeline, step by step
Days count from delivery of the lien notice (day 0), not from default.
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| Default | Day of nonpayment | Rent or charges unpaid. No minimum default period in the statute. Notify holders of perfected UCC security interests naming the tenant. | 83.805 |
| Late fee | Per rental agreement | Reasonable fee stated in the lease. $20 or 20% of monthly rent, whichever is greater, is deemed reasonable. | 83.808(3) |
| Lien notice | Day 0 | Written notice delivered in person, by email, or by first-class mail with certificate of mailing, and conspicuously posted at the facility or on the unit. | 83.806(1) to (3) |
| Payment deadline | At least day 14 | Notice demands payment within a specified time not less than 14 days after delivery. | 83.806(1) |
| Advertisement | About day 14 | Newspaper of general circulation where the facility is, once a week for 2 consecutive weeks. | 83.806(4) |
| Sale | About day 29 | At least 15 days after first publication. Commercially reasonable under 679.610. | 83.806(4), (5) |
The day counts for the ad and sale are derived from the statute's wording. Count from your real delivery date and leave a margin.
What the lien notice must say
Under 83.806 the notice must:
- Itemize the claim and the date it came due.
- Describe the property.
- Demand payment within a specified time, not less than 14 days after delivery.
- State that the property will be advertised and sold at a specified time and place.
- Give your name, street address and phone number.
How to deliver it
Allowed methods: in person, email, or first-class mail with a certificate of mailing. Mailed notice is presumed delivered when deposited with USPS, properly addressed with postage prepaid. You must also post the notice conspicuously at the facility or on the unit. If you email it and get no response, return receipt or delivery confirmation, send a first-class mailing with certificate of mailing before the sale (83.806(3)).
The statute has no alternate contact requirement. "Last known address" means the street address or P.O. box in the latest rental agreement or a later written change (83.803).
Advertising the sale
Publish once a week for two consecutive weeks in a newspaper of general circulation where the facility is. The sale must be at least 15 days after the first ad. One ad may cover several tenants. A sale on a public website that customarily runs personal property auctions is allowed, but the newspaper ad is still required. If the area has no newspaper of general circulation, post the ad at least 10 days before the sale in at least 3 conspicuous places in the neighborhood (83.806(4)).
Late fee limits
Florida allows a reasonable late fee stated in the rental agreement. A fee of $20 or 20 percent of monthly rent, whichever is greater, is deemed reasonable and not a penalty. Reasonable collection and lien enforcement expenses are also allowed (83.808(3)).
Sale rules, surplus and records
- Commercially reasonable sale. The sale must match the notice and be commercially reasonable under section 679.610.
- Redemption. The tenant may pay the lien and reasonable expenses at any time before the sale.
- Surplus. You may satisfy the lien from proceeds if your lien has priority. Secured lienholders' rights move to the remaining proceeds. Hold the balance for the tenant on demand and give notice of the balance in person or by first-class mail with certificate of mailing. If unclaimed 2 years after the sale, it is deemed abandoned (83.806).
- Buyer protection. A good-faith purchaser takes free of claims, except interests under 83.808.
- Records. The statute lists no retention period. Keep the lease, notices, proof of mailing and posting, the ad, and sale records, and ask your attorney how long.
Vehicles and boats
If the lien is on a motor vehicle or watercraft and charges remain unpaid 60 days after maturity, you may sell under 83.806 or have it towed. Once a wrecker takes possession you are not liable, and the wrecker must follow the notice and sale rules in section 713.78 (83.806(10)).
Active-duty military (SCRA)
Federal law adds protections for servicemembers, and owners must check status before a sale. See 50 U.S.C. 3958. Florida also requires the rental agreement or application to disclose whether the applicant is a member of the uniformed services (83.808(2)).
Common mistakes checklist
- Emailing the notice and skipping the follow-up certified-mailing step when there is no reply.
- Not posting the notice at the facility or on the unit.
- Giving fewer than 14 days to pay.
- Skipping the newspaper ad because you plan an online sale.
- Selling less than 15 days after the first ad.
- Charging a late fee not stated in the lease.
- Missing the notice to UCC secured parties.
- Not checking servicemember status.
Tools to help
Use the lien timeline calculator, read about lien and auction management, browse all state lien laws, follow the self storage auction process guide, and start from the lien notice template.
What we could not confirm
The statute does not say whether posting must happen on the same day as delivery. It also does not address denying access or overlocking, so any right comes from your rental agreement. Sections 83.804 and 83.807 could not be retrieved. Ask your attorney about both.
Last reviewed: October 19, 2026. This page is general information, not legal advice. Review every notice and sale with your attorney.