Lien law

Nebraska self storage lien laws

Nebraska has no self storage lien act. The Disposition of Personal Property Landlord and Tenant Act names self-service storage units but applies only after the tenancy has ended and the tenant has vacated. Notice goes by hand or first-class mail, and sale surplus goes to the State Treasurer within 30 days.

Last updated By 8 min read

General information, not legal advice. Lien law changes and courts read statutes differently. Last reviewed Oct 25, 2026. Review any notice or sale with your attorney before you act.

Nebraska has no self storage lien act. Its Disposition of Personal Property Landlord and Tenant Act names storage units but applies only after the tenant has vacated. Notice goes by hand or first-class mail with a claim-by date 7 or 14 days out, then a public sale if the goods are worth $2,000 or more.

Verified on October 25, 2026 against the current statutes on the Nebraska Legislature's site, including the 2026 changes in LB834.

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

Nebraska lien timeline at a glance

Most states wrote a special law for self storage. Nebraska did not. Its Disposition of Personal Property Landlord and Tenant Act (Neb. Rev. Stat. 69-2301 to 69-2314) covers premises that include "self-service storage units or facilities" (69-2302). The catch is the trigger: the Act applies "when personal property remains on the premises after a tenancy has terminated or expired and the premises have been vacated by the tenant" (69-2303). It does not give you a lien or an overlock right for unpaid rent on a unit the tenant still occupies. That gap is where your lease terms and your attorney come in.

StepEarliest timingWhat the law requiresCitation
1. Tenancy ends, unit vacatedDay 0 of the ActPersonal property remains after the tenancy has terminated or expired and the tenant has vacated. There is no rent default trigger and no day count from the due date.69-2303(1)
2. Written noticeWithin 6 months of lease expiration or discovery of abandonmentDescribe the property, say reasonable storage costs may be charged, say where to claim it and the claim-by date, and include the statement the Act sets. The claim-by date is at least 7 days after personal delivery or 14 days after mailing.69-2303(2) to (3); 69-2304
3. AdvertisementMay run before the claim-by dateIf the property is worth $2,000 or more, publish once a week for 2 consecutive weeks in a county newspaper.69-2308(2)
4. Public saleAt least 10 days after the first adPublic sale by competitive bidding at the nearest suitable place. The last ad runs at least 5 days before the sale.69-2308(1), (2)
5. SurplusWithin 30 days after the saleRemit unclaimed proceeds to the State Treasurer.69-2308(4)

Worked example: a tenant moves out on March 1, leaving goods behind. You mail the notice on March 5 with a claim-by date of March 19, 14 days after mailing. You place the first ad on March 5 and the second on March 12. The sale can be no earlier than March 19, which is after the claim-by date and at least 10 days after the first ad, and the last ad is more than 5 days before. If you hand deliver the notice instead, the claim-by date can be 7 days out, and the two weekly ads then set the earliest sale at about day 12. Our schedule counts 14 days from the notice, the longer mailed path.

What the Nebraska notice must say and how to send it

The notice goes to the former tenant and to any other person you reasonably believe owns the property. It must describe the property well enough for the owner to identify it, say that reasonable costs of storage may be charged before the property is returned, give the place where the property may be claimed and the date on or before which it must be claimed (69-2303(2)). The Act also gives a form notice that satisfies the requirement (69-2305).

The notice must carry one of two statements from 69-2304. Either the property will be sold at a public sale after notice of the sale by publication, the former tenant may bid, and money left after costs goes to the State Treasurer; or, because the property is believed to be worth less than $2,000, it may be kept, sold or destroyed without further notice if not reclaimed in time.

Send it by personal delivery or by first-class mail, postage prepaid, to the last-known address. If there is reason to believe that address will not reach the person, also send it to any other address known to you where the person may reasonably be expected to receive it (69-2303(3)). Email is not authorized. Give the notice within 6 months after the lease expired or you discovered the abandonment, whichever is later.

Alternate contacts and lienholders

The Act has no alternate contact rule. You must notify the tenant and any other person you reasonably believe is the owner of the property. You are protected from liability to a person you did not notify unless that person proves you believed or should have believed they had an interest and knew or should have known their address (69-2309). A buyer takes title subject to ownership rights, liens and security interests that have priority by law (69-2308(1)).

Advertising the sale

If the property is not released and you reasonably believe its resale value is $2,000 or more, publish notice of the sale once a week for 2 consecutive weeks in a newspaper of general circulation in the county where the sale will be held. If there is no such newspaper, post the notice at least 10 days before the sale in not fewer than 6 conspicuous places nearby. The ad names the goods, the former tenant, and the time and place of the sale. The sale is no sooner than 10 days after the first publication, and the last publication is at least 5 days before the sale (69-2308(2)). You may publish before the claim-by date in the notice.

Late fee limits

The Act has no late fee provision. Your rental agreement and general contract law govern. Before you release property you may charge the reasonable costs of storage, which cover actual removal and storage costs and may not exceed the fair rental value of the space needed, and the reasonable cost of advertising (69-2302(9), 69-2307, 69-2310).

Sale rules, surplus and records

  • Public sale. The sale is by competitive bidding. You or the former tenant may bid (69-2308(1)). Online sales are not addressed.
  • Small estates. If you reasonably believe the property's total resale value is under $2,000, you may keep it or dispose of it in any manner you choose (69-2308(1)).
  • Reclaiming. The former tenant or another owner may reclaim before the sale by paying the reasonable costs of storage, advertising and preparation for sale (69-2307).
  • Surplus. After the costs of storage, advertising and sale, send unclaimed proceeds to the State Treasurer within 30 days after the sale. The former tenant can then claim them from the Treasurer (69-2308(4)).
  • Records. The Act sets no retention period. Keep the notice, proof of mailing or delivery, the ads, and the sale results.

The UCC warehouse lien

Nebraska's Uniform Commercial Code also has a warehouse lien. A warehouse has a lien against the bailor on goods covered by a warehouse receipt or storage agreement (Neb. U.C.C. 7-209), and 7-210 sets a notice, newspaper ad and auction procedure much like Massachusetts. A warehouse is "a person engaged in the business of storing goods for hire" (7-102(13)). Whether a self storage operator is a warehouse, and whether a rented unit is a bailment under a storage agreement, is not settled by the text we read. The Act itself says its remedy is not exclusive (69-2314). Ask your attorney before relying on either route.

Vehicles and boats

The Act defines personal property to include motor vehicles, mobile homes and watercraft (69-2302(6)), so the same notice and public sale procedure applies, and prior liens and security interests survive the sale (69-2308(1)). It has no special towing rule. Get legal advice before selling any titled vehicle.

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 Nebraska-specific military rule in these sections.

Common mistakes checklist

  • Assuming the Act gives you a lien or an overlock right on an occupied unit.
  • Treating a missed payment as the start of the Act, instead of the tenant leaving.
  • Emailing the notice instead of hand delivery or first-class mail.
  • Setting a claim-by date fewer than 7 days after hand delivery or 14 days after mailing.
  • Giving the notice more than 6 months after the lease ended or you found the abandonment.
  • Running one ad instead of two weekly ads, or selling less than 10 days after the first.
  • Keeping the proceeds of a $2,000 or larger sale instead of sending the surplus to the State Treasurer.
  • Skipping the servicemember status check.

Tools to help

Use the lien timeline calculator to count dates in other states, 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.

Counting Nebraska notice and sale days by hand is easy to get wrong, so see the best self storage software roundup for tools that track them, and self storage software for how Stitch approaches lien and auction management. Moving from a Storable system? Our Storable alternatives guide compares what else is available.

What the statute does not say

We read Neb. Rev. Stat. 69-2301 to 69-2314 and Neb. U.C.C. 7-102, 7-209 and 7-210 on the Nebraska Legislature's site on October 25, 2026. LB834 of 2026 (effective July 18, 2026) changed 69-2302, 69-2303 and 69-2308. Its changes to 69-2303 and 69-2308 add mobile home wording, and the day counts above are unchanged.

The Act does not say how it fits a tenant who is behind on rent but has not left. It does not address email, online sales, a late fee, or a lien for unpaid rent. We did not research court decisions beyond the annotations on the Legislature's site, which say the Act is not limited to self-service storage units. The 14 day figure is the mailed-notice claim-by minimum; it is 7 days if the notice is hand delivered.

Because this page rests on a landlord and tenant act that starts when the tenant leaves, the Stitch lien timeline calculator and lien automation stay off for Nebraska. Treat every date above as needing legal review before you rely on it.

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

This page is general information, not legal advice. Review your lien process and every notice with your attorney.

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Frequently asked questions

Does Nebraska have a self storage lien law?

Not a dedicated one. The Disposition of Personal Property Landlord and Tenant Act (Neb. Rev. Stat. 69-2301 to 69-2314) names self-service storage units in 69-2302, but it creates no lien for unpaid rent. It applies when personal property remains after a tenancy has terminated or expired and the tenant has vacated (69-2303). Ask a Nebraska attorney how it fits a tenant who is only behind on rent.

How long before I can sell a storage unit in Nebraska?

The Act has no day count from a rent default. After the tenancy ends and the unit is vacated, the claim-by date in your notice must be at least 7 days after hand delivery or 14 days after mailing (69-2303(2)(c)). If the goods are worth $2,000 or more, the sale comes at least 10 days after the first of two weekly ads (69-2308(2)). Our schedule counts 14 days from the notice, which is our derived figure.

Can I email a Nebraska notice to a former tenant?

The Act authorizes only personal delivery or first-class mail, postage prepaid, to the last-known address and to another known address if the first will not reach the person (69-2303(3)). Email is not mentioned.

Does Nebraska require a newspaper ad?

Yes, if the property is not released and you reasonably believe it is worth $2,000 or more. Publish once a week for two consecutive weeks in a newspaper of general circulation in the county of the sale. If there is none, post at least 10 days before the sale in six or more conspicuous places (69-2308(2)).

What if the goods are worth less than $2,000?

If you reasonably believe the total resale value of the property not released is under $2,000, you may keep it for your own use or dispose of it in any manner you choose (69-2308(1)). The notice then carries the statement that the property may be kept, sold or destroyed (69-2304(2)).

What happens to extra sale money in Nebraska?

After the reasonable costs of storage, advertising and sale, you must send unclaimed proceeds to the State Treasurer within 30 days after the sale, under the Uniform Disposition of Unclaimed Property Act (69-2308(4)).

Sources

About the author

Scott Wilder, founder of Stitch Storage, working at a laptop (photo shows hands and desk, face not shown)

, Founder

Scott Wilder writes the guides, comparisons and state lien law pages for independent self storage owners. Stitch Storage is self storage management software for independent owners, made by Hive Asset Group, LLC.

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