Mississippi self storage lien laws

In Mississippi, you may deny a tenant access as soon as they are in default, but you may take no other enforcement action until the default has lasted 14 continuous days. Your notice must give at least 14 days to pay, and the sale must be at least 15 days after the ad (Miss. Code Ann. 85-7-125).

Verified on October 25, 2026: the official enrolled text of Mississippi HB 1138 (2020), which amended sections 85-7-121 to 85-7-127, effective July 1, 2020.

This page is general information, not legal advice. Review your notices and sale plan with your attorney before you act.

Mississippi lien timeline at a glance

The rules are in Miss. Code Ann. sections 85-7-121 to 85-7-129. Mississippi calls the renter the "occupant." The act applies to rental agreements made on or after July 1, 1988 (85-7-129). The lien covers rent, late fees, labor and other charges, plus the cost of preserving and selling the property. It is superior to other liens except one perfected and recorded in Mississippi before the date of default, and any tax lien. The lien attaches on the date the property is placed in the space, and the rental agreement must state the lien in bold type and say the property may be sold if the occupant is in default (85-7-123(1)).

Worked example: rent was due and unpaid on January 1, and you count default from that day. Day 14 is January 15, when you send the notice with a pay-by date of January 29. The ad runs on January 29. The earliest sale is February 13, 15 days later. That is 43 days from default (derived: 14 + 14 + 15). Section 85-7-125(c) says to advertise "after the expiration of the time given in the owner's notice," so if you run the ad the day after the pay-by date, the sale moves one day later.

The act says the notice is given "during the default period". This schedule uses the conservative reading that the notice goes out after 14 days of continuous default. Ask your attorney if you want to send it earlier.

What the Mississippi lien notice must say and how to send it

The notice must be in writing and delivered in person or sent by verified or electronic mail to the occupant's last known address. Verified mail is any method offered by the United States Postal Service or a private delivery service that provides evidence of the mailing (85-7-121(l)). A notice is deemed delivered when it is deposited with the Postal Service or a private delivery service with postage paid, or when the email is sent to the last known address.

The notice must include:

• An itemized statement of your claim, showing the sum due at the time of the notice, the date it became due and any other sums that will accrue.
• A demand for payment within a specified time not less than 14 days after the date of the notice.
• A statement that the contents of the occupant's space are subject to your lien.
• The name, street address and telephone number of you or your designated agent, whom the occupant may contact to respond.
• A conspicuous statement that unless the claim is paid in time, the property will be advertised for public or private sale or otherwise disposed of at a specified time and place.

Email is allowed. "Last known address" means the postal address or email address the occupant gave in the latest rental agreement or in a later written notice of a change of address (85-7-121(c)). If you offer email notice, the occupant may elect to receive notice by email only by saying so in the rental agreement (85-7-123(4)). If you receive an automated message that the email cannot be delivered, you must deliver the notice in person or send it by verified mail (85-7-125(b)).

Alternate contacts and lienholders

We found no alternate contact rule and no separate notice to lienholders in sections 85-7-121 to 85-7-129. The lien is subordinate to a lien or security interest perfected and recorded in Mississippi before the date of default (85-7-123(1)), so check for any lender on a stored vehicle, boat or trailer before a sale.

Advertising the sale

You do not need a newspaper. After the time in your notice expires, advertise the sale to the highest bidder in any commercially reasonable manner. The manner is deemed commercially reasonable if it is likely to attract at least three independent bidders to attend or view the sale in person or online at the time and place advertised. The ad must include the address of the facility where the property is located, the occupant's name, and the time, place and manner of the sale. The sale may be held no sooner than 15 days after publication (85-7-125(c), (d)).

Late fee limits

The rental agreement may provide for a reasonable late fee. A monthly late fee of no more than $20 or 20% of the monthly rent, whichever is greater, is considered reasonable and is not a penalty (85-7-123(3)). A late fee does not include interest, collection expenses, preservation and sale expenses, or the cost of enforcing any other remedy (85-7-121(d)). Because the statute calls this amount reasonable rather than setting a ceiling, we treat it as a safe harbor. Keep to it unless your attorney advises otherwise.

Sale rules, surplus and records

• Where to sell. A sale may be public or private and may be held at the facility, at another suitable location you select, or on a publicly accessible website that conducts lien sales or personal property sales. You may offer the property as a unit or in parcels (85-7-121(j)). The 2020 amendment removed the old rule that a sale must be held at the facility or the nearest suitable place.
• Redemption. Before any sale, the occupant may pay the amount needed to satisfy the lien and the reasonable expenses and take the property back (85-7-127(1)).
• Buying at the sale. The owner may buy at any sale (85-7-127(2)). A good-faith purchaser takes the property free of the occupant's rights even if you did not comply with the section (85-7-127(3)).
• No bidders. If no one buys at the sale and you complied with the procedures, you may otherwise dispose of the property (85-7-125(e)).
• Surplus. Satisfy the lien from the proceeds and hold the balance for the occupant on demand. Your liability is capped at the proceeds. If the occupant does not claim the balance within one year of the sale, pay it to the State Treasurer under the Uniform Disposition of Unclaimed Property Act (85-7-127(4)).
• Records. The act sets no record retention period. Keep proof of the notice, the ad and the bids.

Vehicles and boats

If the property is a vehicle, watercraft or trailer and rent or other charges remain unpaid for 60 days, you may have it towed from the facility. Towing does not release your lien, and you are not liable for damage once the tower takes possession. At least 10 days before towing, notify the occupant by regular mail or email at the last known address, with the name, address and telephone number of the tower and of you or your designated agent (85-7-127(5)).

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 Mississippi-specific military rule in these sections.

Common mistakes checklist

• Starting enforcement other than a lockout before 14 continuous days of default.
• Giving fewer than 14 days to pay in the notice.
• Selling fewer than 15 days after the ad.
• Leaving a required item out of the notice, such as the itemized claim or a contact name, street address and telephone number.
• Emailing a notice to an address the occupant never gave you, or ignoring an automated bounce message instead of delivering in person or by verified mail.
• Leaving the late fee out of the lease, or charging more than the greater of $20 or 20% without a reason you can defend.
• Towing a vehicle without the 10 days of notice.
• Keeping unclaimed surplus past one year instead of sending it to the State Treasurer.
• 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.

If you track Mississippi lien dates in a spreadsheet, the best self storage software roundup shows which tools build the notice timeline by state, and self storage software explains how Stitch handles it. If you are leaving a Storable product, Storable alternatives lists other options.

What the statute does not say

We read the enrolled text of HB 1138 (2020), which amended sections 85-7-121, 85-7-123, 85-7-125 and 85-7-127, on the Mississippi Legislature's site on October 25, 2026. We checked the legislature's code-section index for the 2021 to 2026 sessions and found no bill touching sections 85-7-121 to 85-7-129. We did not research court decisions.

The act says the notice is given during the default period, so it does not say outright that the notice must wait until day 14. This page uses the conservative reading that the notice goes out after 14 days of continuous default, and that the 14 day demand period then runs after the notice. It does not say whether the ad may run before the pay-by date in the notice, so the worked example uses the pay-by date. Day 43 is our derived figure. The act sets no record retention period and does not address military status.

Last reviewed: October 25, 2026. This page is general information, not legal advice. Review every notice and sale with your attorney.