In West Virginia, an operator may sell or dispose of a unit's contents only if the tenant has been in default for more than 60 days, so day 61 is the earliest sale date. A single default notice must demand payment within at least 14 days of mailing, and the sale ad must run at least 3 days before the sale.
This page is general information, not legal advice. Review your notices and sale plan with your attorney before you act.
West Virginia lien timeline at a glance
West Virginia's law is the Self-Service Storage Lien Act, W. Va. Code 38-14-1 to 38-14-9. It applies to rental agreements entered into, extended or renewed after July 1, 2019. A bill, Senate Bill 721 (2026), would change it. It is covered at the end of this page.
| Step | Earliest timing | What the law requires | Citation |
|---|---|---|---|
| 1. Default | Day 0 | Failure to perform on time any duty in the rental agreement or the article. | 38-14-2(1) |
| 2. Late fee | Day 5 | Up to the greater of $20 or 20 percent of monthly rent, for each month in default five days or more. | 38-14-4 |
| 3. Deny access | At default | Operator may deny access while the tenant is in default. | 38-14-5(i) |
| 4. Default notice | No day stated | Hand delivery, verified mail, or (conditionally) email or text. Demand for payment at least 14 days after mailing. | 38-14-5(b) |
| 5. Advertise | At least 3 days before the sale | Newspaper, or email or website if the tenant initialed the clause. | 38-14-5(b)(4); 38-14-3(c)(3) |
| 6. Sale | Day 61 (derived from "more than 60 days") | After the 14 day demand and the ad. At the facility, on an online auction site, or another reasonable location. | 38-14-5(a)(1), (e) |
The 60 day default rule is the controlling clock. The statute does not say when the notice must go out, only that the sale needs default of more than 60 days. A reasonable reading is that the 14 day demand may run inside the 60 days, but the statute does not say so, so ask your attorney.
Worked example
Say rent of $100 is due February 1. After 5 days a late fee is available. Twenty percent of $100 is $20, which equals the $20 floor, so the cap is $20. Day 60 of default is April 2, so April 3 is day 61. Suppose you mail the notice on March 10 with a pay-by date of March 24 (14 days from mailing). You advertise on March 30 for a sale on April 3 or later, once the default has passed 60 days. Dates here are an example. The statute sets the 60, 14 and 3 day limits only.
Notice requirements
Notify the tenant of default by hand delivery or verified mail at the last known address. Email or text is allowed only if the rental agreement states in bold type that notice may be given that way and the tenant initialed next to the statement. If you send by email or text and get no response, return receipt or delivery confirmation, you must then send by hand delivery or verified mail to the last known postal address.
The notice must state:
- The contents are subject to the lien.
- An itemized claim, including future charges, with dates.
- A demand for payment within a stated time not less than 14 days after the notice was mailed.
- That the contents will be sold at a stated time and place.
- Your contact name, address and phone.
Notice is deemed delivered when deposited with USPS or a private service with postage prepaid, or when emailed to the last known email address.
Alternate contact
We found no alternate contact or secondary notice rule. Notice goes to the tenant at the last known address.
Advertising the sale
At least 3 days before the sale, advertise the time, place and terms in a newspaper of general circulation where the sale will be held, by email, or on an online website. Email and online website advertising are not allowed unless the tenant initialed the rental agreement statement. The rental agreement must also tell the tenant that ads may be by newspaper, email, text or online website. The statute gives no repeat frequency.
Late fee limits
A late fee may not exceed the greater of $20 or 20 percent of the monthly rental fee, for each month the tenant is in default for a period of five days or more (38-14-4). On a $60 unit, 20 percent is $12, so $20 is the cap. On a $150 unit, it is $30. The provision does not state a lease disclosure requirement, but put the fee in the lease anyway.
Sale rules, surplus and records
The sale is public, at the facility, on an online auction site, or at another location the operator reasonably chooses. The tenant may redeem any time before the sale by paying the lien. A good faith purchaser takes free of the rights of persons against whom the lien was valid. If you comply, your liability is limited to net proceeds less the lien. You may also dispose of property that you show, by photos and an affidavit, lacks value to cover the auction expense plus the lien.
Surplus: apply the proceeds to the lien and mail any balance by certified mail to the tenant's last known address. If it is returned, hold it one year from the sale for delivery on demand. After that year the balance is presumed abandoned. The article states no state deposit procedure. Keep photos, notices, ad proof and the accounting.
Vehicles, boats and trailers
If the tenant is in default more than 60 days and the property is a motor vehicle, trailer or watercraft, you may have it towed or removed instead of selling it. The person who tows or removes it is immune from civil liability for damage after taking possession. The rental agreement must warn that vehicles, trailers and watercraft may be towed after default of more than 60 days (38-14-5(k); 38-14-3(b), (c)(2)).
Active-duty military (SCRA)
The statute itself says additional requirements for military members apply under the Soldiers and Sailors Relief Act (38-14-5(b)(2)(C)). Check a tenant's military status before any sale. See 50 U.S.C. 3958 for the federal rule.
Pending change: Senate Bill 721 (2026)
Senate Bill 721 would shorten the default period from 60 to 30 days, add rules for unsigned agreements and change the ad provisions. As of our October 18, 2026 research, the bill status page showed only introduction and referral to the Judiciary committee on February 3, 2026, and the code text was unchanged. The 60 day rule above is the current law. Re-check the bill status before you act.
What we could not confirm
- When the default notice must be sent, and whether the 14 day demand may run inside the 60 days.
- Ad frequency, alternate contacts, and any state deposit for surplus.
- Day 61 is derived from "more than 60 days."
Common mistakes checklist
- Selling on or before day 60.
- Emailing or texting a notice when the tenant did not initial the bold clause.
- Not following an unanswered email with hand delivery or verified mail.
- Giving fewer than 14 days from mailing to pay.
- Advertising by email or website when the tenant did not initial that clause.
- A late fee above the greater of $20 or 20 percent, or for less than 5 days of default.
- Skipping the lease warning about towing.
- 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.