Template

Pre-lien notice template

A pre-lien notice is a written warning sent before the formal lien process. Only a few states require one by statute, so copy the template below, then check your state's rules before you send it.

Last updated By Stitch Storage Team4 min read

A pre-lien notice is a written warning that tells a late tenant the exact balance, the date to pay by and what happens next. This page gives you a template. It is general information, not legal advice, so check your state's statute and have your attorney review the final version.

When to use it

Use it after a late notice goes unanswered and before the formal lien notice. In many states you can send it as soon as rent is a few days late. In California and a few other states, the law sets the timing, so the pre-lien step is not optional.

What the law usually requires

Most storage lien statutes do not use the term "pre-lien notice." They require one formal notice of lien or default. Where a separate early notice exists, it looks like this:

StateWhat the statute setsSource
CaliforniaPreliminary lien notice after rent is unpaid 14 consecutive days. The notice gives a termination date at least 14 days after mailing.B&P 21703
WashingtonPreliminary lien notice when rent is unpaid 14 consecutive days, with a termination date at least 14 days after it is sent.RCW 19.150
VermontFirst notice of default not sooner than 7 days after default. The second notice comes at least 14 days after the first.9 V.S.A. ch. 98
TexasNo separate pre-lien notice. The lien notice is the first formal step.Prop. Code ch. 59
MinnesotaOne notice of default doubles as the lien notice, and default starts 15 days after the due date.514.973

Say you own a facility in California. Rent of $120 was due June 1 and is unpaid. Day 14 of nonpayment is June 15. You mail the preliminary notice June 15 with a termination date of June 29, 14 days after mailing. If the balance is unpaid on June 29, the lien attaches under the statute. Run your own dates with the lien timeline calculator.

Look up your state on the lien laws by state hub. The timeline guide shows how the steps fit together. If your state has no separate pre-lien step, a friendly early warning still helps you get paid, but it does not start any legal clock.

How to fill it in

  1. Balance. Itemize rent, late fees and any other lien-eligible charges the lease allows.
  2. Deadline. Use the statutory minimum or longer, never shorter. Count from the day of delivery or mailing as your statute says.
  3. Consequence. Say access may be denied and a lien may be enforced if your lease and state allow it.
  4. Delivery. Use your statute's method. Keep a certificate of mailing or delivery record.
  5. Contacts. Send to the last known address and any alternate contact.

Common mistakes

  • Giving fewer days than the statute requires.
  • Counting from the date you wrote the notice instead of the date you sent or delivered it.
  • Listing charges the lease does not support.
  • Sending it to one address when the lease also names an alternate contact.
  • Treating a friendly warning as the formal lien notice.

The template

Template only, general information, not legal advice. Have your attorney review it for your state.

[FACILITY NAME]
[FACILITY ADDRESS]  |  [PHONE]  |  [EMAIL]

Date mailed or delivered: [DATE]
Method: [VERIFIED MAIL / CERTIFIED MAIL / IN PERSON / EMAIL]

To: [TENANT FULL NAME]
Last known address: [TENANT ADDRESS]
Alternate contact on file: [ALTERNATE NAME AND ADDRESS, OR "none"]
Unit: [UNIT NUMBER]

NOTICE OF PAST DUE BALANCE AND POSSIBLE LIEN

Your rental agreement for unit [UNIT NUMBER] dated [LEASE DATE] is in default.
The following is unpaid:

  Rent for [PERIODS]:        $[RENT]
  Late fees:                 $[LATE FEES]
  [OTHER LIEN-ELIGIBLE CHARGE]: $[AMOUNT]
  ------------------------------------------
  TOTAL:                     $[TOTAL]

To avoid further action, pay the total in full by [DEADLINE DATE],
which is at least [NUMBER] days after the date of this notice.

If the total is not paid by that date:
  1. Your access to the unit may be denied. [DELETE IF NOT ALLOWED BY
     YOUR LEASE AND STATE]
  2. The owner may enforce a lien on the property stored in the unit
     under [STATE STATUTE CITATION]. This may include sale of the property.
  3. You will receive a separate written notice before any sale.

You may pay at: [PAYMENT LINK / OFFICE ADDRESS AND HOURS / PHONE].

[MILITARY SERVICE STATEMENT IF YOUR STATE REQUIRES IT: "If you are in
military service, tell us right away. Federal and state law may protect you."]

Questions: [OWNER OR MANAGER NAME], [PHONE], [EMAIL].

[FACILITY NAME]

Let Stitch run your lien timeline

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Frequently asked questions

Is a pre-lien notice required in every state?

No. Most states have one lien notice and no separate pre-lien step. California and Washington use a preliminary lien notice after 14 consecutive days of nonpayment. Vermont, New Hampshire, Arizona, Virginia and Wisconsin use a first notice of default before the main notice. Check your state page.

What is the difference between a pre-lien notice and a lien notice?

A pre-lien notice warns the tenant and gives a last chance to pay. A lien notice is the statutory notice that starts the clock toward a sale. In some states one document serves as both.

How do I send a pre-lien notice?

Use the method your statute lists, often verified mail, in-person delivery or email. Send it to the last known address and any alternate contact on the lease, and keep proof.

Can a pre-lien notice replace the lien notice?

No. If your state requires a lien notice with specific contents, a friendly warning does not satisfy it. Send both.

Sources