In New York, the statute sets no minimum days of default before you act. You send one notice that demands payment within at least 30 days of mailing, and you may sell only after that period ends, so the earliest sale is about day 31 after a notice mailed on the first lawful day.
This page is general information, not legal advice. Review your notices and sale plan with your attorney before you act.
New York lien timeline at a glance
New York has no separate self storage act. Self storage sits in Lien Law section 182, inside the general lien law. The warehouse rules in UCC Article 7 apply only if you issue a warehouse receipt or other document of title. Section 182 is short, and it says little about timing from default, so most of your protection comes from following the notice text exactly.
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| 1. Written agreement | Move-in | Occupancy agreement itemizes every charge in dollars and carries the required notices. | 182(2) |
| 2. Default | Day 0 | Fees or charges under the agreement go unpaid. The lien itself attached when the goods arrived. | 182(6) |
| 3. Lien notice | No minimum default stated | One notice to the occupant and everyone known to claim an interest. | 182(7)(a) |
| 4. Payment period | At least 30 days from mailing | Demand for payment within a stated time, not less than 30 days from mailing. | 182(7)(a) |
| 5. Challenge window | 10 days from service | Anyone claiming an interest may start a proceeding to dispute the lien or amount. | 182(7)(a), (9) |
| 6. Sale | After the payment period | Public or private, commercially reasonable. If a challenge is filed, 5 days after service of the judgment and notice of entry, unless redeemed. | 182(7)(a), (8), (9) |
Worked example
Say a tenant owes $120 on a $60 unit, two months behind. You decide to act on March 3 and mail the notice that day by certified mail. The notice demands payment by April 2 (30 days from mailing) and names a sale date of April 15 at the facility. If nobody challenges and the tenant does not pay, the sale may go forward on April 15. If the tenant files the 10-day proceeding, the sale waits for the court result. The dates here are an example, since the statute gives no default-day clock.
Notice requirements
The single notice must include:
- An itemized statement of what is due.
- A description of the property.
- The nature of the proposed sale.
- A demand for payment within a stated time of at least 30 days from mailing.
- A conspicuous statement that unless the debt is paid, the goods will be advertised and sold at public or private sale in a commercially reasonable manner.
- The time and place of any public or private sale.
- A statement that anyone claiming an interest may bring a proceeding within 10 days of service if they dispute the lien or the amount.
Delivery: personal delivery, registered or certified mail to the last known address, or verified mail together with email. Email never stands alone. It works only if the occupancy agreement says the tenant consented to email for late or lien notices and the tenant gave the email address in at least two places in the agreement. For email, you need a non-automated reply or a delivery receipt for the notice to count as delivered.
Alternate contact
New York has no alternate contact rule. The notice goes to the occupant and "all persons known to claim an interest in the goods." If you know of a lender or co-owner, send them the notice too.
Advertising the sale
The notice must say the goods will be advertised for sale. The statute does not set a medium, a number of runs or a lead time. The sale itself must be commercially reasonable. Pick a method you could defend, such as a local newspaper run or a well known online auction site, and keep copies of what you ran.
Late fee limits
Section 182 has no cap on late fees. What it does require is that every charge, mandatory or optional, be itemized in dollars in the written occupancy agreement, in 10-point bold type, with the statement that the listed charges are the actual charges payable. A fee that is not in the agreement is risky to include in your claim. Wrongful detention after the tenant pays permitted fees can bring treble damages, so do not add charges you cannot show.
Sale rules, surplus and records
You may sell in block or in parcel, at any time, place and terms that are commercially reasonable. A better price at a different time or method does not alone make a sale unreasonable. Selling in the usual manner in a recognized market, at the current market price, or by common dealer practice counts as reasonable. Selling more goods than appear necessary to cover the debt does not. The lien is superior to other liens or security interests.
Surplus: the section does not address leftover proceeds, a holding period or unclaimed property handling. Ask your attorney, and keep full records of the notice, the sale and the accounting.
Vehicles, boats and trailers
Section 182 has no special rule for vehicles or boats. A separate section of the Lien Law (section 184) covers bailees of motor vehicles, motor boats and aircraft, and we did not review it. Get legal advice before you try to sell a titled vehicle.
Active-duty military (SCRA)
Section 182 has no servicemember rule. Federal law adds protections, and you should check a tenant's military status before any sale. See 50 U.S.C. 3958 for the federal rule.
What we could not confirm
- We read the statute on a public mirror because the official site blocked our tool. The mirror shows the text last changed on November 1, 2019.
- A 2025 bill (A4353) would add 30, 45 and 60 day timing. It was pending and is not law.
- The statute is silent on late fee limits, overlocks, the ad medium, surplus handling and online auctions. We inferred that online sales are allowed because the statute permits "any time or place and on any terms" that are commercially reasonable.
- How sale surplus is treated under New York unclaimed property law was not researched.
Common mistakes checklist
- An occupancy agreement that leaves out itemized charges or the required notices.
- Emailing the notice alone, without verified mail.
- Email consent that appears in only one place in the agreement.
- A payment period shorter than 30 days from mailing.
- Leaving out the 10-day challenge statement.
- Selling more goods than needed to cover the debt.
- Holding goods after the tenant has paid the permitted fees.
- Not checking active-duty status before the sale.
Tools and next steps
Plan your dates with the lien timeline calculator. Compare other states on the self storage lien laws hub. Read the self storage auction process guide for the full walk-through, and start from the lien notice template. If you want the dates tracked for you, see lien and auction management.
Sources and review
Last reviewed: October 19, 2026. Laws change, and courts read them differently. This is general information, not legal advice. Review every notice and sale with your attorney before you act.