In Kansas, you may sell a delinquent unit only after the tenant has been in default for more than 45 days, so day 46 is the earliest sale date. You first send two mailed notices at least 7 days apart, and the second gives at least 10 days to pay.
This page is general information, not legal advice. Review your notices and sale plan with your attorney before you act.
Kansas lien timeline at a glance
Kansas' Self-Service Storage Act starts at K.S.A. 58-814, and the sale steps are in 58-817. Sections 58-814, 58-816 and 58-818 were amended in 2024, and 58-817 in 2023. The statute does not say when the first notice must go out in relation to default. It only requires that the first notice come before the second, and that the sale fall after 45 days of default.
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| 1. Rent due, default | Day 0 | Failure to perform on time an obligation under the rental agreement. | § 58-814(a) |
| 2. Access denial | Day 0 | You may deny access in default. No day count. | § 58-817(g) |
| 3. First notice | Any time before the second notice | First-class mail to the last-known address, plus email if the tenant gave an email address. | § 58-817(b)(1) |
| 4. Second notice | At least 7 days after the first | First-class mail, plus email if available. State the contents subject to lien, the claim and further charges, a payment demand of at least 10 days after the notice date, and that the contents will be sold (or a vehicle towed). | § 58-817(b)(2) |
| 5. Advertisement | At least 7 days before the sale | Newspaper classified section or another commercially reasonable manner, including online. | § 58-817(b)(3) |
| 6. Sale | Day 46 | Default more than 45 days, after the second notice period and the ad. Online or in person. | § 58-817(a)(1) |
Worked example: rent is due January 1 and stays unpaid. Day 46 is February 16, the earliest sale. You mail the first notice on January 20 and the second on January 27, which gives a pay-by date no earlier than February 6. The ad runs by February 9. The statute does not say whether the 10-day demand runs inside the 45 days. The reasonable reading is yes, but the dates here are derived, so confirm them with your attorney.
What the Kansas lien notice must say and how to send it
Two notices are required, and both go by first-class mail to the tenant's last-known address. If the tenant gave you an email address, send each by email as well. Email is an addition, not a replacement. Mail is deemed delivered when deposited with the post office, properly addressed, postage prepaid (§ 58-817(b), (h)).
The second notice, sent at least 7 days after the first, must state that the contents are subject to your lien, the amount of the claim and any additional charges, a demand for payment within a stated time of at least 10 days after the notice date, a statement that the contents will be sold (or a vehicle towed), and your contact information.
Alternate contacts and lienholders
Kansas has a specific alternate contact rule for leases. The rental agreement must ask whether the tenant wants to designate an alternative contact to receive the notices required by the act, and must give space to do so. If the tenant refuses, your rights are not affected. The alternate contact has no access or property rights unless the lease says so. Section 58-817 does not expressly require you to send notices to that person, but copying them is a sensible habit (§ 58-816(d)).
Advertising the sale
At least 7 days before the sale, advertise the time, place and terms in the classified section of a newspaper of general circulation or in any other commercially reasonable manner, including online. If fewer than three independent bidders attend in person or view online, the manner is not considered commercially reasonable. You must then cancel the sale, reschedule it and readvertise (§ 58-817(b)(3)).
Late fee limits
The statute defines a late fee but sets no cap and no grace period. Follow your rental agreement, and keep the amount reasonable. A late fee is not a reasonable expense you can recover as a lien enforcement cost (§ 58-814(d)).
Sale rules, surplus and records
- How to sell. On the premises, online or in person, by public or private proceedings, as a unit or in parcels, at any time, place and terms if commercially reasonable. Property with no commercial value, meaning no bid, may be disposed of (§ 58-817(a), (b)).
- Buyer protection. A good faith purchaser takes free and clear.
- Surplus. Hold the balance for delivery on demand to the tenant or other recorded lienholders for one year after you receive the proceeds. After that it is abandoned property to be reported and paid to the state treasurer under the unclaimed property act (§ 58-817(d), (e)).
- Records. The sections we read state no retention period. Keep both notices, proof of mailing and email, ad proof and sale records.
Vehicles and boats
If the property is a motor vehicle, watercraft or trailer and the tenant is in default more than 60 days, you may have it towed after the same two notices. Towing is allowed only if a city ordinance or county resolution authorizes it under K.S.A. 8-1103 and the tow company holds a State Corporation Commission certificate under K.S.A. 66-1330. Towing extinguishes your lien on that property (§ 58-817(a)(3), (b)).
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 day 45 or earlier.
- Sending the second notice fewer than 7 days after the first.
- Giving fewer than 10 days to pay in the second notice.
- Sending email only, without first-class mail.
- Advertising fewer than 7 days before the sale.
- Going ahead with a sale that drew fewer than three independent bidders.
- Using a late fee as part of the lien enforcement costs.
- Towing a vehicle where no local ordinance authorizes it.
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 statute from the official ksrevisor.gov site. The statute does not say when the first notice must go out relative to default, or whether the 10-day demand period runs inside the 45-day default period. Day 46 is derived from "more than 45 days." Whether the alternate contact must receive notices is not expressly stated in 58-817. 2025 and 2026 session changes were not separately checked. 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.