In Kentucky, 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. Your second notice must give 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.
Kentucky lien timeline at a glance
Kentucky's self storage lien law is KRS 359.200 to 359.250, with the enforcement steps in KRS 359.230 (amended 2021). The late fee rules are in KRS 359.215 (amended 2014). The statute does not say when the first notice must go out. It only requires two notices and 45 days of default before the sale.
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| 1. Rent due, default | Day 0 | Failure to perform an obligation on time. | KRS 359.200(7) |
| 2. Late fee | Day 5 after the due date | Only if the fee and conditions are in the lease or an addendum. | KRS 359.215(1), (2) |
| 3. First notice | Any time (statute gives no timing) | Regular mail or verified email to the last known address. | KRS 359.230(2)(a) |
| 4. Second notice | At least 14 days before the sale | Verified mail or verified email. State the contents are subject to lien, the amount due and further charges, a demand for payment at least 14 days after the notice date, that the contents will be sold at a stated time and place, and your contact details. | KRS 359.230(2)(b) |
| 5. Advertisement | At least 3 days before the sale | Newspaper of general circulation where the sale is held, or another commercially reasonable manner. | KRS 359.230(2)(c) |
| 6. Sale | Day 46 | Default more than 45 days, after the demand period and the ad. At the facility, the unit location, or a public website. | KRS 359.230(1), (4) |
Worked example: rent is due January 1 and goes unpaid. Day 46 is February 16, the earliest sale. To give the full 14 days, send the second notice by February 2. You run the ad by February 13. The first notice goes out earlier, with no timing set by the statute. These dates are derived, and the statute does not say whether the 14 days run inside the 45, so confirm the count with your attorney.
What the Kentucky lien notice must say and how to send it
Two notices are required (KRS 359.230(2)).
The first is a notice of default by regular mail or verified email. The second goes by verified mail or verified email and must say that the contents are subject to your lien, the amount due and any additional charges, that payment is demanded within a stated time of not less than 14 days after the notice date, that the contents will be sold at a stated time and place, and how to reach you.
Verified mail means any USPS or private delivery method that provides evidence of mailing. Verified email means an email address you have confirmed by any reasonable means to be working. The last known address includes the email address in the latest rental agreement or a later written change. A mailed notice is deemed delivered when deposited with the post office, and an email when sent (KRS 359.200, KRS 359.230(9)).
Alternate contacts and lienholders
Kentucky has no alternate contact rule in KRS 359.200 to 359.250. Other recorded lienholders matter at the end: they can present claims to the surplus within 60 days, so keep a record of any you know about.
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 in any other commercially reasonable manner. It is deemed commercially reasonable if at least three independent bidders participate in or attend the sale. The statute states no repeat schedule (KRS 359.230(2)(c)).
Late fee limits
You may charge a reasonable late fee only if rent remains unpaid at least 5 days after the due date in the lease, and the fee and conditions are in the agreement or an addendum. A monthly fee of $20 or 20% of monthly rent, whichever is greater, is deemed reasonable and not a penalty. You may add reasonable collection and lien enforcement expenses (KRS 359.215).
Sale rules, surplus and records
- How to sell. A public or private sale for cash, at the facility, the unit location, or a publicly accessible website (KRS 359.230(4)).
- Buyer protection. A good faith purchaser takes free and clear of the tenant's and other lienholders' rights.
- Surplus. Apply the proceeds to the lien. Hold the balance for other recorded lienholders who present claims within 60 days, first come first served. After 60 days, deliver the rest to the tenant. The statute has no escheat provision (KRS 359.230(5), (6)).
- Records. No retention period is stated. Keep both notices, proof of mailing or verification of the email address, the ad and the sale file.
Vehicles and boats
If the tenant has been in default more than 60 days and the property is a vehicle, you may, instead of selling, have it towed or removed. The towing company must follow the notice rules in KRS 281.928. The statute cites the motor vehicle definition in KRS 376.268 while also mentioning watercraft, so the scope for boats and trailers is unclear (KRS 359.230(12)).
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 Kentucky-specific provision in KRS 359.200 to 359.250.
Common mistakes checklist
- Selling on day 45 or earlier.
- Giving fewer than 14 days to pay in the second notice.
- Sending the second notice by regular mail instead of verified mail or verified email.
- Emailing an address you never confirmed works.
- Charging a late fee before rent is 5 days late.
- Setting the ad fewer than 3 days before the sale.
- Paying the tenant before the 60-day window for other lienholders has passed.
- 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 Kentucky legislature's statute pages. Changes from 2022 through 2026 were not separately checked beyond the current site text. The statute does not say when the first notice must be sent or whether the 14-day demand runs inside the 45-day period. Day 46 is derived from "more than 45 days." KRS 359.230(12) mixes a motor vehicle definition with watercraft, so the vehicle scope is unclear. 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.