In Vermont, you send a first default notice not sooner than 7 days after default and a second notice not sooner than 14 days after the first. The second must give at least 15 days to pay, so with two weekly ads and a 15 day wait the earliest sale is about day 51 (a derived count).
This page is general information, not legal advice. Review your notices and sale plan with your attorney before you act.
Vermont lien timeline at a glance
Vermont's law is 9 V.S.A. chapter 98, Storage Units, sections 3901 to 3908. It was last amended by Act 168 of 2021 (Adj. Sess.), effective July 1, 2022. The statute states minimum gaps ("not sooner than"), so the day numbers below assume each step happens on the earliest day allowed.
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| 1. Default | Day 0 | Failure to perform a duty in the chapter or the rental agreement. | 3901(1) |
| 2. Late fee | Day 6 (derived) | No fee if the tenant pays in full within 5 days of the due date. | 3903(c) |
| 3. First notice | Day 7 | Regular mail or email to the last known address. | 3905(1) |
| 4. Second notice | Day 21 | Certified mail, first class mail with certificate of mailing, or email. Itemized claim, property description, access denial if permitted, demand for payment at least 15 days after mailing, sale statement. | 3905(2) |
| 5. Advertise | After the second notice period (derived: day 36) | Once a week for two consecutive weeks. | 3905(3) |
| 6. Sale | At least 15 days after the first ad (derived: day 51) | At the facility, nearest suitable place, or a publicly accessible website. | 3905(4), (6) |
| 7. Lienholders of record | At least 21 days before sale | Certified mail to holders registered with the Secretary of State. | 3905(4) |
Worked example
Say rent of $90 is due on October 1 and not paid. Day 7 is October 8, when you email the first notice. Day 21 is October 22, when you mail the second notice, demanding payment by November 6 (15 days). You run the first ad on November 7 (day 37 in this example, one day past the earliest) and again November 14. The sale can be no sooner than November 22, which is 15 days after the first ad. If you sent the lienholder letter by November 1, you meet the 21 day rule for a November 22 sale. The dates are derived from the statute's intervals.
Notice requirements
The first notice goes by regular mail or email. The second goes by certified mail, first class mail with a certificate of mailing, or email. A tenant may elect email only by marking it in the rental agreement (3903(a)(5)(D)). If the second notice goes by email and no response, return receipt or delivery confirmation comes from the same address within 2 days, resend it by certified mail or first class mail with a certificate of mailing before the sale. Mail is delivered when deposited with USPS. Email is delivered when properly addressed and sent.
Alternate contact
Vermont has no alternate contact provision in chapter 98. Notice goes to the tenant and, for the sale, to lienholders of record with the Secretary of State.
Advertising the sale
Advertise in the print or electronic version of a newspaper of general circulation where the facility is located, once a week for two consecutive weeks, after the second notice period expires. The ad includes a general description, the facility address, the space number, the tenant's name, and the time, place and manner of the sale. If there is no such newspaper, post at the town hall at least 15 days before the sale. As an alternative you may use any commercially reasonable advertising, which is deemed met when 3 or more independent bidders attend or view the sale.
Late fee limits
You may charge up to $20 or 20 percent of a rental payment, whichever is greater, per service period (9 V.S.A. 3903(c)). You may not charge a fee if the tenant pays in full not later than 5 days after the due date, so the earliest fee is day 6. The amount and conditions must be in the rental agreement. On a $90 unit, 20 percent is $18, so $20 is the cap.
Sale rules, surplus and records
The sale may be at the self storage facility, the nearest suitable place, or a publicly accessible website, and must be commercially reasonable. You may not buy at your own sale. You may not knowingly sell personal information, though you may destroy it, and the buyer must acknowledge a duty to return personal information. A good faith purchaser takes free of the tenant's rights even if you missed a step.
Surplus: keep what you are owed and hold the balance for the tenant on demand. If it is unclaimed, deliver it without interest to the Vermont State Treasurer under 27 V.S.A. chapter 14. Chapter 98 states no fixed holding period. Keep every notice, ad, bid and accounting.
Vehicles, boats and trailers
If rent, charges, fees or expenses remain unpaid after 51 days, you may have a vehicle, vessel, snowmobile, trailer or all-terrain vehicle towed. Within 5 days after the tow, notify the tenant by regular mail or email with the towing company's name, address and phone. You have no liability once the towing company takes possession. A sale of a motor vehicle follows 23 V.S.A. chapter 21, and a vessel, snowmobile or ATV follows 23 V.S.A. chapter 36 (3905(6)(D), (7)).
Active-duty military (SCRA)
We found no Vermont servicemember rule in chapter 98. 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
- Day counts assume every step happens at its earliest permitted day.
- The statute does not say whether the 15 day sale wait may overlap the demand period. Newspaper ads run after the second notice period, so they do not overlap.
- Chapter 98 states no surplus holding period. See 27 V.S.A. chapter 14.
Common mistakes checklist
- Sending the first notice before day 7 or the second less than 14 days after the first.
- Using email when the tenant never elected it in the lease.
- Skipping the certified mail resend after an email goes unanswered.
- Giving fewer than 15 days to pay.
- Charging a late fee when the tenant paid within 5 days.
- Missing the 21 day certified letter to Secretary of State lienholders.
- Bidding on your own sale.
- 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.