In Missouri, 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. Two default notices must go out first, the second at least 10 days after the first, and a classified newspaper ad must run at least 7 days before the sale.
This page is general information, not legal advice. Review your notices and sale plan with your attorney before you act.
Missouri lien timeline at a glance
Missouri's rules are in the Self-Service Storage Facilities Act, RSMo 415.400 to 415.425, last amended in 2014. The first notice has to be sent at least 45 days before any sale, so the two notices and the 45 days of default run side by side. The statute gives no day on which the first notice may start.
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| 1. Default | Day 0 | Occupant fails to perform on time any obligation in the rental agreement. | § 415.405(1) |
| 2. Deny access | Per default | You may deny access while the occupant is in default. | § 415.420(3) |
| 3. First notice | At least 45 days before the sale | First-class mail or email to the occupant and listed lienholders, and to any identified third-party owner. | § 415.415(4)(1) |
| 4. Second notice | At least 10 days after the first | Verified mail or email. Demand payment within not less than 10 days after mailing. State that contents will be sold after a stated time. | § 415.415(4)(2) |
| 5. Advertisement | At least 7 days before the sale | Classified section of a newspaper of general circulation where the sale is held. | § 415.415(4)(3) |
| 6. Sale | Day 46 | Allowed if the occupant is in default more than 45 days and the notices and ad are done. | § 415.415(2) |
Worked example: rent was due January 1 and never paid. Day 46 is February 16 (derived: January 1 plus 46 days). To meet the 45 day rule, the first notice goes out by January 2. The second goes out January 12 or later, with a pay-by date at least 10 days after that, January 22. The classified ad runs by February 9, at least 7 days before the sale.
What the Missouri lien notice must say and how to send it
The first notice goes by first-class mail or email to the occupant and any listed lienholders at the last known address, and to any identified third-party owner. The second notice goes by verified mail or email. It must say the contents are subject to your lien, list the charges due and any additional charges that will accrue and when, demand payment within a stated time not less than 10 days after mailing, state that the contents will be sold after a stated time, and give your name, street address and phone number.
"Last known address" is the postal or email address in the latest rental agreement or a later written change. If the occupant designates one in writing as the preferred method, you must use it. Notice is deemed delivered when mailed with postage prepaid or when emailed (§ 415.405, § 415.415(4), § 415.420(4)). Your rental agreement must also carry a bold lien statement.
Alternate contacts and lienholders
Missouri has no general alternate contact rule. The occupant must give you a written statement naming each person with a valid lien on the property and any third-party owner. The first notice must go to those lienholders and owners too (§ 415.410(3), § 415.415(4)(1)).
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 in the jurisdiction of the sale. The ad must say the items will be released for sale. The statute states no repeat frequency. Online sales count as public sales, but the text appears to still require the newspaper ad, so confirm with your attorney before you skip it (§ 415.415(4)(3), § 415.405(10)).
Late fee limits
The act has no late fee provision and no cap. Your rental agreement controls, so write the fee and when it applies into the lease.
Sale rules, surplus and records
- Format. A cash sale, public or private, of the whole unit, in parcels, or by contract. It may be at any time, place and terms if commercially reasonable under § 400.9-627. A public sale includes the facility or a publicly accessible website.
- No bids. Property with no commercial value may otherwise be disposed of.
- Buyer protection. A good-faith purchaser takes free of the occupant's and lienholders' rights.
- Surplus. Hold it for delivery on demand to the occupant or known lienholders for 1 year. Do not pay the occupant until they sign a sworn affidavit that no other valid liens exist and agree to indemnify you. After 1 year, abandoned money is paid to the state treasurer (§ 415.415(2), (3); § 415.420(1)).
- Records. No retention period is stated. Keep proof of both notices, the ad and the sale results.
Vehicles and boats
If the property is a vehicle, watercraft or trailer and rent or charges have been unpaid 60 days, you may treat it as abandoned and have it towed. You are not liable for damage once the tower takes possession (§ 415.415(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 Missouri-specific military rule in the act.
Common mistakes checklist
- Selling on day 45 instead of day 46 or later.
- Sending the first notice less than 45 days before the sale.
- Sending the second notice less than 10 days after the first.
- Giving less than 10 days to pay in the second notice.
- Skipping the classified newspaper ad, or running it fewer than 7 days before the sale.
- Forgetting to notify listed lienholders and third-party owners.
- Using first-class mail for the second notice, which needs verified mail or email.
- Paying surplus to the occupant before the sworn affidavit.
- 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 does not say how many days after default the first notice may be sent. It only requires it at least 45 days before the sale. Day 46 is derived from "more than forty-five days." Whether the newspaper ad is still needed for an online sale is our reading of the text. The sections we read are current as of the 2014 version.
Last reviewed: October 19, 2026. This page is general information, not legal advice. Review every notice and sale with your attorney.