Lien law

Texas self storage lien laws

In Texas you can sell a delinquent unit about 26 to 30 days after you deliver the written lien notice: 14 days to pay, then a newspaper ad (or posting) and a public sale. There is no waiting period after missed rent, and you may only sell without a court if your rental agreement has the lien clause in underlined or bold print.

Last updated By Stitch Storage Team6 min read

General information, not legal advice. Lien law changes and courts read statutes differently. Last reviewed Oct 19, 2026. Review any notice or sale with your attorney before you act.

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

In Texas, you can sell a delinquent tenant's belongings about 26 to 30 days after the written lien notice is delivered. The tenant gets 14 days to pay, then you publish a sale notice in a county newspaper two weeks in a row, and the sale cannot happen before the 15th day after the first ad. The law is Texas Property Code chapter 59 (sections 59.021, 59.041 to 59.046 and 59.052).

Texas has no waiting period after missed rent. The lien attaches when the tenant puts property in the unit, so the clock starts when you deliver the notice, not when rent went late. What matters most is your rental agreement. Without the right lien clause, you cannot sell without a court.

The one thing to check first: your rental agreement

You may enforce the lien without going to court only if the written rental agreement contains the contractual landlord's lien in underlined or conspicuous bold print (59.041(b), 59.042(a)). If your lease does not, you need judicial foreclosure. Pull a signed lease today and look at the lien clause. If it is in plain text, talk to your attorney before you start any sale.

If you want to send notices by email, the lease also needs underlined or bold language saying notice may be given by email if the tenant provides an address (59.043(c), (d)).

Texas lien timeline, step by step

Days below count from delivery of the lien notice (day 0). Texas sets no default period before that.

StepEarliest timingWhat the law requiresCitation
DefaultDay of nonpaymentLien already exists on all property in the unit for unpaid charges. No statutory default waiting period.59.021, 59.006
Lien noticeDay 0Written notice of claim delivered in person, by email (if the lease allows) or by verified mail.59.042(a), 59.043
Pay-by deadlineDay 14Tenant may pay on or before the 14th day after delivery. Verified mail counts as delivered when deposited with USPS or a carrier; email when sent.59.042(a), 59.043(c)
Sale advertisementDay 15Publish once in each of two consecutive weeks in a county newspaper. If the county has no newspaper of general circulation, post at the facility and at least five other nearby conspicuous places.59.042(b), 59.044
SaleAbout day 30 (day 26 if posted)No sale before the 15th day after first publication, or after the 10th day after posting. Sell publicly to the highest bidder.59.042(c), 59.045

Worked example: you deliver the notice on March 1. The tenant has until March 15 to pay. You publish on March 16 and March 23. The earliest sale date is March 31, the 15th day after the March 16 ad. The exact first publication date relative to delivery is not set by the statute, so confirm your count with your attorney.

What the lien notice must say

The notice of claim has to include (59.043(a)):

  • An itemized statement of the account.
  • The lessor's name, address and phone number.
  • A statement that the contents have been seized under the contractual landlord's lien.
  • A statement that if the claim is not paid by the 14th day after delivery, the property may be sold at public auction (or towed to a vehicle storage facility).
  • A conspicuous military-service statement asking a tenant in service to tell you.

How to deliver it

You may deliver in person, by verified mail to the last known postal address, or by email to the last known email address (only with the lease language above). There is no alternate contact rule in chapter 59. For titled vehicles and boats, notice also goes to the last known owner and recorded lienholders (59.0445).

Advertising the sale

Publish in a newspaper of general circulation in the county once in each of two consecutive weeks. The ad needs a general description of the property, a statement that it will be sold to satisfy the landlord's lien, the tenant's name, the facility address, and the time, place and terms of the sale. The place may be a street address or a website address (59.044). Posting is a fallback only where the county has no newspaper.

Late fee limits

Chapter 59 has no late fee provision and no cap. Your rental agreement controls the amount. Because the statute is silent, ask your attorney whether general contract law limits what you charge.

Sale rules, surplus and records

  • Public sale. At the facility, a reasonably near public place, or through a public website, to the highest bidder, as advertised (59.045).
  • Redemption. The tenant can pay the lien and reasonable expenses before the sale.
  • Buyer protection. A good-faith purchaser takes free of the tenant's claims (59.046).
  • Surplus. Send written notice of the excess to the tenant's last known address and keep it. Pay it if requested within two years after the sale. After two years you own it (59.008).
  • Records. Keep copies of the signed lease, the notice, proof of delivery, the ad, and the sale paperwork. The statute does not list a retention period, so ask your attorney how long to keep them.

Vehicles and boats

Titled motor vehicles, motorboats, vessels and outboard motors follow extra rules (59.0445, 59.052 to 59.055):

  • Within 30 days after you take possession, send a written notice of sale by verified mail to the last known owner and each recorded lienholder. It states the charges, requests payment, and says the property may be sold at public auction if unpaid before the 31st day after mailing.
  • If you cannot identify the owner or lienholders after asking the registering agency, publication can substitute after a 21-day wait.
  • Alternatively, if the rental agreement allows, you may tow the property to a vehicle storage facility after the 14-day lien notice period ends, if the facility agrees in writing. The lien is then ended and you are not liable for damage after the tow.

Active-duty military (SCRA)

Federal law adds protections for servicemembers, and owners must check status before a sale. See 50 U.S.C. 3958. Texas also requires the military-service statement in your notice and lets you ask for written proof. Members of the Texas State Guard and Texas National Guard on state active duty for more than 30 consecutive days get the same storage-lien protections (59.001, 59.043, 59.010).

Common mistakes checklist

  • Lien clause is not underlined or bold in the lease.
  • Emailing a notice when the lease has no email consent language.
  • Leaving out the military-service statement.
  • Selling before the 15th day after first publication.
  • Posting notices when the county does have a newspaper.
  • Skipping the surplus notice to the tenant.
  • Selling a titled vehicle or boat without the 30-day owner and lienholder notice.
  • Not checking servicemember status before the sale.

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 itself, and the lien notice template gives you a starting draft.

What we could not confirm

We read the statute text on Texas Public Law (a copy reflecting the code as of May 2025). Confirm against the official Texas Statutes site. Changes from the 2025 legislative session were not confirmed. The sale day counts above are derived from the statute's wording. Check the current code with your attorney.

Last reviewed: October 19, 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

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

About 30 days after the lien notice is delivered if you publish in a newspaper: 14 days to pay, publication starting on day 15, and no sale until the 15th day after first publication. If you post notices instead (allowed only where no county newspaper exists), the earliest sale is about day 26.

Can I email the lien notice in Texas?

Yes, but only if the written rental agreement says, in underlined or conspicuous bold print, that notice may be given by email and the tenant provided an email address. Otherwise deliver it in person or by verified mail.

Is there a cap on late fees in Texas?

Chapter 59 of the Property Code has no late fee provision or cap. Late fees are governed by your rental agreement. Ask your attorney about general contract law limits.

What happens to money left over after the sale?

Send the tenant written notice of the excess at the last known address and hold it. If the tenant asks within two years of the sale, you pay it. After two years you own the excess, and Texas does not require you to send it to the state.

Are vehicles and boats handled differently?

Yes. Titled vehicles, boats, vessels and outboard motors need an extra verified-mail notice to the owner and recorded lienholders within 30 days after you take possession, and no sale until the 31st day after mailing. You may also have them towed after the 14-day period if your agreement allows it.

What if the tenant is in the military?

Your lien notice must include a conspicuous statement asking a tenant in military service to tell you. You may ask for written proof. Federal law adds protections, so check status before you sell.

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