This is general information, not legal advice. Review every notice and sale with your attorney.
In Ohio, you can sell a delinquent tenant's belongings about 25 days after the lien notice is delivered. The notice must demand payment in at least 10 days, then you advertise once a week for two consecutive weeks, and the sale must be at least 15 days after the first ad. The law is Ohio Revised Code chapter 5322, sections 5322.01 to 5322.06.
Ohio sets no waiting period after missed rent before you send the notice, so your lease and your own late-payment policy decide when you start.
Ohio lien timeline, step by step
Days count from delivery of the lien notice (day 0).
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| Default | Rent due date | Lien attaches when the property is brought in and covers rent, labor, late fees and other charges in the lease. | 5322.02 |
| Late fee | Day 4 after due date | None if rent is paid in full by the third day after the due date. Amount and conditions must be in the lease or an addendum. | 5322.05 |
| Lien notice | Day 0 | Itemized claim, description of the property, access denial notice if the lease permits, demand for payment within at least 10 days after delivery, and a conspicuous sale statement. | 5322.03(A) to (D) |
| Notice period ends | Day 10 | Payment deadline set by the notice, not less than 10 days. | 5322.03(C) |
| Advertisement | Day 10 and after | Once a week for two consecutive weeks, published after the notice period ends. | 5322.03(G) |
| Sale | About day 25 | At least 15 days after the first publication. | 5322.03(C)(5), (G) |
Worked example: you deliver the notice on June 1 with a payment deadline of June 11. You publish on June 11 and June 18. The earliest sale is June 26, which is 15 days after the first ad and day 25 from delivery. The 25-day figure is derived, and assumes the ad starts the day the notice period ends.
Notice requirements
Who gets the notice
Send it to the occupant and to every person you know claims an interest. That includes lienholders on any motor vehicle or watercraft and persons who filed security agreements in the occupant's name with the Secretary of State or the county recorder (the facility's county or the occupant's last known Ohio county). Ohio has no alternate contact provision (5322.03(A)).
Methods
Deliver in person, by certified mail, or by first-class mail or private delivery service with a certificate or verification of mailing. Mail is deemed delivered when deposited with USPS or the carrier, addressed with postage prepaid. Email is allowed only if the occupant agreed to receive notice by email and provided an address in the original agreement or a later amendment, and you send it so that a response or return receipt establishes delivery. If delivery cannot be established, use another authorized method (5322.03(B), (D)).
Required contents
The notice states the occupant's name and address, the itemized claim and due date, a general description of the property, a denial of access notice if the lease permits it, a demand for payment within a stated time of at least 10 days, and a conspicuous statement that unpaid property will be advertised and sold at auction. If no one buys, the statement should also say it may be sold privately or destroyed.
Advertising the sale
Publish in a newspaper of general circulation in the county where the facility is, or in any other commercially reasonable manner. A sale is deemed commercially reasonable if at least 3 independent bidders register for, view or attend. The ad needs a general description of the property, the occupant's name and last known address, the facility street address, and the time, place and manner of sale (5322.03(G)).
Late fee limits
Ohio allows a reasonable late fee per service period. There is no fee if rent is paid in full by the third day after the due date. The amount and conditions must be stated in the lease or an addendum. $20 or 20% of the late payment, whichever is greater, is deemed reasonable. A higher fee requires you to prove it is reasonable. You may add reasonable collection and lien enforcement expenses, and the due date may not be earlier than the day before the first day of the service period (5322.05).
Sale rules, surplus and records
- Auction. At the facility or, if the notice stated a street or internet address, on the internet or at the nearest suitable place. The sale must match the notice.
- No buyer. You may re-advertise and sell, sell privately, or dispose of the property, including by destroying it.
- Owner as buyer. You may buy at the public sale.
- Locked containers. You may open them before the sale.
- Surplus. Satisfy the lien from proceeds and mail the balance to the occupant's last known address. If returned or there is no address, hold it two years from the sale, then it becomes unclaimed funds under R.C. chapter 169 (5322.03).
- Buyer protection. A good-faith purchaser takes free of claims even if you did not comply.
- Records. No retention period is stated. Keep the lease, notices, proof of mailing, the ad and sale records.
Vehicles and boats
Lienholders on a motor vehicle or watercraft must be notified. Anyone who shows a security interest, lien or court order may remove it right away without paying your lien. You may tow a motor vehicle, trailer or watercraft if (a) you notified all lienholders and 30 days have passed, (b) rent is unpaid 60 days and no lienholders were identified, or (c) you plan to hold or have held a sale of the other contents of that space. The lienholder notice must name the towing service or storage facility. A valid security interest in a vehicle or watercraft beats your lien even if it was never filed (5322.02, 5322.03(H), (K)).
Active-duty military (SCRA)
Federal law adds protections for servicemembers, and owners must check status before a sale. See 50 U.S.C. 3958. Chapter 5322 has no Ohio-specific servicemember provision.
Common mistakes checklist
- Charging a late fee on day 1 to 3 when rent is paid by the third day.
- Late fee not written in the lease or an addendum.
- Giving fewer than 10 days to pay.
- Starting the ad before the notice period ends.
- Selling less than 15 days after the first ad.
- Emailing a notice without the tenant's agreement or proof of delivery.
- Forgetting to notify lienholders on vehicles and boats, or filed security interest holders.
- Not checking servicemember status.
Tools to help
Use the lien timeline calculator, read about lien and auction management, browse all state lien laws, follow the self storage auction process guide, and start from the lien notice template.
What we could not confirm
The statute gives no days-after-default threshold, and it does not expressly authorize denying access or overlocking. The day 4 late fee start comes from the rule that no fee applies if rent is paid by the third day. Confirm both points with your attorney.
Last reviewed: October 19, 2026. This page is general information, not legal advice. Review every notice and sale with your attorney.