In North Dakota, the law sets no minimum days of default before you send a notice of default. The notice must give the tenant at least 10 days to pay, and the sale ad must run at least 7 days before the sale, so the earliest sale is about 10 days after the notice.
This page is general information, not legal advice. Review your notices and sale plan with your attorney before you act.
North Dakota lien timeline at a glance
North Dakota's rules are in N.D. Cent. Code chapter 35-33, the self-service storage facility lien chapter. It applies to rental agreements made on or after August 1, 2021. The chapter is short and fast. It sets demand and advertising periods but no wait after default, so your lease and your own policy set how long you let a tenant run behind.
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| 1. Default | Day 0 | Failure to perform at the time and in the manner in the rental agreement. Lien attaches on default as stated in the notice. | 35-33-01(1); 35-33-02(1) |
| 2. Late fee | At default | Greater of $20 or 20% of the delinquent monthly rent, per delinquent payment. | 35-33-02(3) |
| 3. Deny access | At default | Owner may deny access if the tenant is in default. | 35-33-03 |
| 4. Notice of default | No minimum stated | In person, verified mail or email to prior lienholders and the tenant's last known address. Demand for payment within at least 10 days of the notice date. | 35-33-05(1) |
| 5. Advertise | At least 7 days before the sale | Time, place and terms, in a commercially reasonable manner. | 35-33-05(2) |
| 6. Sale | After the demand period and the 7 day ad | Public or private, as a unit or in parcels. | 35-33-03; 35-33-05 |
The 10 day demand and the 7 day ad can overlap, because the ad only has to run 7 days before the sale. This overlap is our derivation from the text, so confirm it with your attorney.
Worked example
Say a tenant stops paying $75 rent on June 1. You mail a notice of default on June 12 demanding payment by June 22 (10 days from the notice date). You advertise on June 15 for a sale on June 25. The ad runs more than 7 days before the sale, the 10 day demand has ended, and the sale may go ahead on June 25 if the tenant has not paid. That is 24 days after the due date, with no default-day wait imposed by the chapter.
Notice requirements
The notice of default goes to the tenant's last known address and to prior lienholders. It may be handed over in person, sent by verified mail (USPS or a private service that gives evidence of mailing), or emailed. Email needs no election or confirmation step. It is treated as delivered when sent to the last known email address, which is the one in the latest rental agreement or a later written change. Mail is delivered when deposited, properly addressed, with postage paid.
The notice demands payment within a stated time of at least 10 days from the notice date, says the contents will be sold, and gives your contact information.
Alternate contact
There is no alternate contact rule. Notice goes to the occupant and prior lienholders.
Advertising the sale
Advertise the time, place and terms of the sale in a commercially reasonable manner at least 7 days before the sale. The statute gives no number of runs. The requirement is treated as met if at least 3 independent bidders attend, in person or online. That makes an online auction practical for a small facility, but you should still keep a copy of whatever you posted.
Late fee limits
You may charge the greater of $20 or 20% of the delinquent monthly rent for each delinquent payment of rent, fees or other charges (35-33-02(3)). On a $75 unit, 20% is $15, so the $20 floor applies. On a $150 unit, 20% is $30. The chapter states no grace period.
Sale rules, surplus and records
You may sell publicly or privately, as one unit or in parcels. Bidders may attend online. The tenant may redeem before the sale by paying the lien. A good faith purchaser takes clear of the rights of persons against whom the lien was valid. The lien outranks other security interests except those perfected before it attached.
Surplus: apply the proceeds to the lien and hold the balance for the tenant or any recorded lienholder, delivering it on demand, for six months from the date of sale. After six months you may keep any unclaimed balance. There is no escheat step. Keep notices, the ad, bidder records and the accounting.
Vehicles, boats and trailers
If the property is a motor vehicle, watercraft or trailer and rent or charges are unpaid for 60 days, you may have it towed by a commercial towing service. You are not liable for damage after you hand over possession, and the lien is not released by the removal. Sale proceedings are enough to transfer title under N.D.C.C. 39-05-19 (35-33-10).
Active-duty military (SCRA)
Chapter 35-33 has no servicemember rule that we found. 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
- The chapter does not say whether a private sale needs more notice than the standard notice.
- The text does not say what happens to surplus beyond letting you keep it after six months.
- We read the chapter from the PDF, which was current as of the 2025 Century Code on the site.
Common mistakes checklist
- Giving fewer than 10 days to pay in the notice of default.
- Advertising fewer than 7 days before the sale.
- Emailing an address that is not the one in the lease or a written update.
- Charging a late fee above the greater of $20 or 20%.
- Selling a unit with fewer than 3 independent bidders and no other proof of a commercially reasonable ad.
- Spending surplus before six months have passed.
- 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.