In Idaho, you may not sell a delinquent tenant's belongings until the tenant has been in default for 60 continuous days. Your notice by certified mail must give at least 10 days to pay, and the sale cannot come sooner than 10 days after your single newspaper ad first runs.
This page is general information, not legal advice. Review your notices and sale plan with your attorney before you act.
Idaho lien timeline at a glance
Idaho's Self-Service Storage Facilities law is Idaho Code § 55-2301 and the sections after it. Sections 55-2306 and 55-2308 were amended in 2025, and 55-2304 and 55-2309 in 2024. The statute does not say exactly when the notice must go out. It only says the sale needs 60 continuous days of default, so you work backward from that date.
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| 1. Rent due, default | Day 0 | The 60-day continuous default clock for a sale starts here. | § 55-2306(1) |
| 2. Late fee and overlock | Day 0 | Late fee if the lease provides for it. You may deny access when rent or charges are delinquent. No waiting period is stated. | § 55-2304, § 55-2309 |
| 3. Lien notice | So that the sale falls on or after day 60 | Certified mail, or the method in the lease, to the last known address. Mail a copy to disclosed secured parties. Demand payment at least 10 days after sending and state that the sale will be no sooner than 10 days after first publication. | § 55-2306(1), (2) |
| 4. Newspaper ad | After the payment period ends | Publish once in a newspaper of general circulation in the facility's county. | § 55-2306(3) |
| 5. Sale | Day 60 or later, and 10 days after first publication | At a public website, the facility or another place you choose. No auctioneer license is needed. | § 55-2306(1), (2)(d), (8) |
Worked example: rent is due January 1 and stays unpaid. Day 60 of default is March 2 (a conservative owner waits until March 3). To land there, mail the notice by February 5, which gives a pay-by date of February 15 or later. The ad runs after that, say February 20, and the sale is no sooner than March 2, which is more than 10 days later. These dates are derived. Ask your attorney whether to count day 60 as complete before you sell.
What the Idaho lien notice must say and how to send it
Send the lien notice by certified mail to the lessee's last known address, or by another method provided for in the rental agreement. Also mail a copy by regular mail to any person the lessee disclosed as claiming a security interest in the stored property. The notice demands payment in not less than 10 days after it is sent. It also states that the sale will be not sooner than 10 days after the first publication of the ad (§ 55-2306(1), (2)).
Email is not named in the statute. Because the law allows notice "as provided for in the rental agreement," email may be usable only if the lease expressly provides for it. We found no case law confirming that, so treat it as a risk and keep certified mail as your safe route.
Alternate contacts and lienholders
Idaho has no alternate contact rule. The lessee must disclose parties claiming a security interest in the stored property, and those parties get mail notice (§ 55-2304, § 55-2306(2)). Put the disclosure line in your lease.
Advertising the sale
After the payment period in the notice expires, publish once in a newspaper of general circulation in the county where the facility is located. The ad includes the location, date, time and manner of the sale, a brief general description of the property, and the lessee's name and last known address. The statute does not authorize online-only advertising of the sale (§ 55-2306(3)).
Late fee limits
Reasonable late fees are allowed if the rental agreement provides for them. A fee of $20 or 20% of monthly rent, whichever is greater, is reasonable (§ 55-2304). The statute sets no day count for when the fee may start, so follow your lease.
Sale rules, surplus and records
- How to sell. The sale must match the published notice. You may offer the property as a unit or in parcels, on a publicly accessible website that regularly offers personal property for auction or sale, at the facility, or at another location you choose. No auctioneer license is required (§ 55-2306).
- Buyer protection. A good faith purchaser takes free and clear even if you did not comply.
- Surplus. Proceeds go to the lien and costs. Pay the remainder to the lessee or to a person the lessee authorizes in writing. The statute states no holding period and no escheat rule.
- Records. No retention period is stated. Keep the certified mail receipt, the ad, the sale paperwork and proof of the secured party mailing.
Vehicles and boats
For titled vehicles, follow Idaho Code Title 49, Chapter 17 when you foreclose. As an alternative under § 55-2308, after 60 days of default you may have a vehicle or trailer towed. Give the tenant a notice with at least 10 days to cure and the tower's contact information, and send certified mail to any lienholder listed in the lease at least 10 days before towing. You then have no liability once the tower takes possession, and sale of the towed vehicle follows Idaho vehicle sale and towing law.
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 before 60 continuous days of default.
- Giving fewer than 10 days to pay.
- Selling less than 10 days after the first publication.
- Relying on email when the lease does not provide for it.
- Skipping the mailed notice to disclosed secured parties.
- Advertising online only, with no newspaper ad.
- Setting a late fee above the greater of $20 or 20% of rent.
- Selling a titled vehicle without following Title 49, Chapter 17.
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 had full text only for § 55-2306, from FindLaw, which may not reflect the 2025 amendment (Chapter 181), though the official summary matched. Sections 55-2304, 55-2305, 55-2308 and 55-2309 came only from summaries of the official site, so verify the late fee amounts and the vehicle rules before you rely on them. Whether email counts as a lease-provided method is unconfirmed. The statute does not say precisely when the notice must go out. 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.