In Montana, you may sell a renter's contents only after the renter has been in default more than 60 days, so day 61 is the earliest sale date. You must send a default notice at least 30 days before the sale, then a notice of the sale and an advertisement at least 7 days before it.
This page is general information, not legal advice. Review your notices and sale plan with your attorney before you act.
Montana lien timeline at a glance
Montana's Self-Storage Facilities Act is MCA sections 70-6-601 to 70-6-609, enacted in 2017 and amended in 2019. The act calls the tenant the "renter." The statute does not say when the 30 day default notice may first be sent. It only says the notice must go out at least 30 days before the sale.
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| 1. Default | Day 0 | Renter fails to perform on time an obligation under the rental agreement or the act. | § 70-6-602(2) |
| 2. Late fee | Per lease | A reasonable fee per period of non-payment if stated in the rental agreement or an addendum. | § 70-6-606(2) |
| 3. Deny access | While delinquent | You may deny access if rent or charges are delinquent and unpaid. | § 70-6-606(1)(a) |
| 4. Default notice | At least 30 days before the sale | Verified mail, or email if the renter provided one. Describes the lien, charges due, a payment deadline, and the sale warning. | § 70-6-607(3)(a), (8) |
| 5. Notice of sale and ad | At least 7 days before the sale | Send the sale date, time and place by verified mail or email, and advertise in a county newspaper or another commercially reasonable way. | § 70-6-607(3)(b), (c) |
| 6. Sale | Day 61 | Allowed if the renter is in default more than 60 days, at a commercially reasonable sale. | § 70-6-607(1), (3); § 70-6-602(1) |
Worked example: rent was due May 1 and never paid. Day 61 is July 1 (derived: May 1 plus 61 days). The default notice goes out no later than June 1 to meet the 30 day rule, and the sale notice and ad no later than June 24. Sending the default notice earlier does not move the sale date. The 60 days of default controls.
What the Montana lien notice must say and how to send it
The default notice must say the contents are subject to your lien, list the charges due and say more will accrue, set a payment deadline, state that the contents will be sold or disposed of after a stated time, and give your name, street address and phone number. Send it by verified mail, or by email if the renter provided an email address in the rental agreement or a later written change. Email is treated as delivered on the day sent. Verified mail is treated as delivered when postmarked, properly addressed, with postage paid (§ 70-6-607(3), (8); § 70-6-602(5), (13)).
Alternate contacts and lienholders
Montana has no alternate contact rule. Notices go to the renter's last known address, and sale proceeds can go to recorded lienholders (§ 70-6-607(6)(b)). Check for a lender on any titled vehicle or boat.
Advertising the sale
At least 7 days before the sale, advertise the time, place and terms in a newspaper of general circulation in the county, or in another commercially reasonable manner. A sale is treated as commercially reasonable if at least 3 persons attend or view it, in person or online. The statute states no repeat frequency (§ 70-6-607(3)(c); § 70-6-602(1)).
Late fee limits
A reasonable late fee per period of non-payment is allowed if the amount and conditions are in the rental agreement or an addendum. The greater of $20 or 20% of monthly rent is reasonable and not a penalty. You may also charge collection and lien enforcement costs on top (§ 70-6-606(2)).
Sale rules, surplus and records
- Format. A commercially reasonable sale at the facility, offsite, or on a publicly accessible lien sale website, attended or viewed by at least 3 persons. You may sell the unit whole or in parcels.
- No bid. Property that draws no bid may otherwise be disposed of.
- Buyer protection. A good-faith purchaser takes free of claims even if you did not follow the act.
- Surplus. Satisfy the lien, then send a check for the net proceeds to the renter's last known address or to a recorded lienholder. You are not liable for excess paid to the renter. If the check is uncashed after 1 year, the money is abandoned property, reported and paid to the Department of Revenue under the Uniform Unclaimed Property Act (§ 70-6-607(6), (7), (9)).
- Records. No retention period is stated. Keep proof of the notices, the ad, and who attended or viewed the sale.
Vehicles and boats
If the property is titled, registered, or owned by public record and charges are unpaid 60 days, you may have it removed by a professional transfer or tow company. That covers motor vehicles, watercraft, aircraft and trailers. You are not liable for damage after the company takes possession, and the renter may redeem before removal (§ 70-6-607(4), (5)).
Active-duty military (SCRA)
If the rental agreement is with a servicemember, Montana says you must comply with the Servicemembers Civil Relief Act (MCA 70-6-609(2)). Owners must check military status before a sale. See 50 U.S.C. 3958.
Common mistakes checklist
- Selling on day 60 instead of day 61 or later.
- Sending the default notice less than 30 days before the sale.
- Emailing a renter who never gave an email address.
- Missing the second notice or the ad at 7 days before the sale.
- Holding a sale that fewer than 3 people attend or view.
- Leaving the late fee out of the lease, or charging more than the greater of $20 or 20%.
- Keeping surplus instead of sending a check.
- 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 when the 30 day default notice may first be sent. Day 61 is derived from "more than 60 days." It does not say whether a sale with fewer than 3 attendees fails the "commercially reasonable" test beyond the definition. We read the archive version of the Montana Code (2025 text) because the main code site needed a key.
Last reviewed: October 19, 2026. This page is general information, not legal advice. Review every notice and sale with your attorney.