In Maine, you may sell an occupant's contents only after the occupant has been in default more than 45 days, so day 46 is the earliest sale date. The sale must also be at least 15 days after you send a default notice that gives at least 14 days to pay.
This page is general information, not legal advice. Review your notices and sale plan with your attorney before you act.
Maine lien timeline at a glance
Maine's rules are in the Self-Service Storage Act, 10 M.R.S. sections 1371 to 1378. The act was amended in 2025 (PL 2025, c. 164), so older lease forms may be out of date. Maine calls the renter the "occupant" and the lien a lien on the personal property in the space.
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| 1. Default | Day 0 | Occupant fails to perform on time any duty in the rental agreement. | § 1372(1) |
| 2. Late fee | Day 4 | No fee if paid in full by the 3rd day after the due date. The fee must be stated in 12-point type in the written agreement. | § 1376(1) to (3) |
| 3. Deny access | Per lease | You may deny access if the written agreement says so. The occupant may still arrange to view and verify the contents in office hours. | § 1375(9) |
| 4. Default notice | As soon as in default | Send by verified mail and by first-class mail or email. Demand payment within a stated time of at least 14 days after the notice date. | § 1375(2)(A) |
| 5. Open the lock | After 45 days of default | You may remove the lock to check whether contents are worth at least $750 and to look for personal information. | § 1375(1-B), (1-C) |
| 6. Sale | Day 46, and at least 15 days after notice | Public or private sale for cash at the facility, the nearest suitable place, or online. | § 1375(1), (4) |
Worked example: rent was due on June 1 and never paid. Day 46 is July 17 (derived: June 1 plus 46 days). You can send the default notice as early as you like, say June 20 with a pay-by date of July 4. A sale 15 days after June 20 would be July 5, but the 45-day rule holds it until July 17. The 45 days, not the notice, is the limit.
What the Maine lien notice must say and how to send it
Send the notice by verified mail (a USPS method that gives evidence of mailing) and also by first-class mail or email, to the occupant's last known address. That is the address in the rental agreement or a later written change. Email is only a companion to verified mail. The notice is treated as delivered when mailed, properly addressed, with postage paid.
The notice must say:
- the contents are subject to your lien;
- the amount claimed and any added charges, with their due dates;
- a demand for payment within a stated time, at least 14 days after the notice date;
- the contents will be sold, with the time and place;
- your contact name, street address and phone number.
Your rental agreement must also state the lien in bold, say property may be sold on default, and say the sale will be at the facility, the nearest suitable place, or online (§ 1374(2)).
Alternate contacts and lienholders
Maine has no alternate contact rule. Notice goes to the last known address or another address the occupant set out in the rental agreement. Holding the balance for "other recorded lienholders" is part of the surplus rule, so check for a lender on any stored vehicle.
Advertising the sale
Maine does not require a newspaper ad or any other ad. The notice to the occupant carries the time and place of sale. You may still market the sale to bidders. Just do not treat a flyer as a substitute for the notice.
Late fee limits
You may charge a reasonable late fee per service period. It cannot be charged if the occupant pays in full by the 3rd day after the due date. The due date may not be earlier than the day before the service period starts. The amount and conditions must be in 12-point type in the written agreement or an addendum. The greater of $20 or 20% of each rental payment is reasonable. You may also recover reasonable collection and lien enforcement costs (§ 1376).
Sale rules, surplus and records
- Format. Public or private sale for cash, at the facility, at the nearest suitable place, or online.
- Redemption. The occupant may pay and redeem before the sale.
- Personal information. You may not sell, and may destroy, personal information of the occupant's clients or customers if you reasonably believe the unit holds it. A buyer must sign a contract agreeing to return any such information.
- Buyer protection. A good-faith purchaser takes free of the occupant's and other lienholders' rights.
- Surplus. Apply proceeds to the lien. Hold the balance 90 days from the sale for delivery on demand to the occupant or recorded lienholders. If unclaimed after 90 days, it becomes the operator's property. Any shortfall remains owed by the occupant.
- Records. The statute states no retention period. Keep the notice, proof of mailing, and sale results.
Vehicles and boats
If the property is a motor vehicle, you may have it towed with no liability to any party, and the statute states no default period for that. Maine's definition of personal property includes motor vehicles, watercraft, ATVs, off-road vehicles and RVs, so they may also be sold under the lien (§ 1375(1-D), § 1372(6)). We did not review the separate Maine Marina and Boatyard Storage Act (10 M.R.S. §§ 1381 to 1386).
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 Maine-specific military rule in sections 1371 to 1378.
Common mistakes checklist
- Selling on day 45 instead of day 46 or later.
- Selling fewer than 15 days after the notice.
- Giving less than 14 days to pay in the notice.
- Sending the notice by email alone.
- Charging a late fee on day 2 or 3.
- Leaving the late fee out of the lease, or printing it smaller than 12-point type.
- Selling a unit that may hold customer records without a plan for the information.
- Skipping the servicemember status check.
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, and the lien notice template gives you a starting draft.
What we could not confirm
The statute says notice goes out "as soon as" the occupant is in default, but a sale needs more than 45 days of default. It does not say how the 14 day and 15 day periods fit inside the 45 days beyond that, so day 46 is our derived reading of "more than 45 days." Your right to deny access depends on a clause in your written agreement. The abandonment rules in sections 1372(1-A) and 1378 (for units found empty, surrendered, or holding property worth under $750) are not modeled in the table, so ask your attorney before clearing a unit that way.
Last reviewed: October 19, 2026. This page is general information, not legal advice. Review every notice and sale with your attorney.