Florida Storage Lien Sale: What Happens If You Fall Behind on Storage Rent
If you've fallen behind on rent for a storage unit in Florida, a state law sets out what the facility can do and the notices it has to give. This page summarizes what the Florida Statutes say, section by section, so you know what to look for in your notices and your rental agreement.
What the Act covers (Fla. Stat. 83.801-83.809)
Sections 83.801-83.809 of the Florida Statutes are known as the "Self-storage Facility Act" (Fla. Stat. 83.801). They cover the owner's lien on stored property, denying access when rent is unpaid, how a lien sale must be noticed and advertised, and late fees.
The lien starts when your property goes in (83.805)
The facility owner has a lien on all personal property stored at the facility, whether or not the tenant owns it. The lien covers rent, labor charges and other charges, plus expenses for preserving the property or reasonably incurred in its sale (Fla. Stat. 83.805). The lien attaches on the date the property is brought to the facility, or on the date the tenant takes possession of a self-contained unit (Fla. Stat. 83.805).
Lockout: 5 days after rent is due, without notice (83.8055)
If rent isn't paid when it's due, the owner may, without notice, deny the tenant access to the stored property after 5 days from the date the rent is due (Fla. Stat. 83.8055).
Late fees: what's allowed (83.808(3))
The owner may charge a reasonable late fee for each period rent goes unpaid. The amount and the conditions must be stated in the rental agreement or an addendum. Under the statute, a late fee of $20 or 20% of the monthly rent, whichever is greater, is reasonable (Fla. Stat. 83.808(3)). The owner may also charge a reasonable fee for expenses from rent collection or lien enforcement (Fla. Stat. 83.808(3)).
The sale notice: what it must include (83.806(1)-(2))
The tenant must get written notice delivered in person, by email, or by first-class mail with a certificate of mailing to the last known address, and the notice must also be conspicuously posted at the facility or on the unit (Fla. Stat. 83.806(1)). If an emailed sale notice gets no response, return receipt or delivery confirmation, the owner must send it by first-class mail with a certificate of mailing before the sale (Fla. Stat. 83.806(1)). The notice must include (Fla. Stat. 83.806(2)):
- an itemized statement of the claim, showing the sum due and the date it became due
- a description of the property, the same as or similar to the one in the rental agreement
- a demand for payment within at least 14 days after the notice is delivered
- a conspicuous statement that the property will be advertised and sold at a stated time and place unless the claim is paid
- the owner's name, street address and contact details for responding
Advertising and timing of the sale (83.806(4), (10))
After the notice period runs out, the sale must be advertised once a week for 2 consecutive weeks in a newspaper of general circulation in the area, and the sale must take place at least 15 days after the first publication (Fla. Stat. 83.806(4)). A lien sale may be held on a public website that customarily runs personal property auctions (Fla. Stat. 83.806(4)(a)). If there's no such newspaper in the area, the ad must be posted in at least 3 conspicuous places in the neighborhood at least 10 days before the sale (Fla. Stat. 83.806(4)(c)). For a motor vehicle or watercraft, once charges are unpaid for 60 days, the owner may sell it under this section or have it towed (Fla. Stat. 83.806(10)).
Redeeming before the sale, and leftover proceeds (83.806(6), (8))
Before any sale, the tenant may pay the amount needed to satisfy the lien plus the reasonable expenses incurred, and redeem the property (Fla. Stat. 83.806(6)). If the sale brings in more than the lien, the balance is held for the tenant. If it's not claimed within 2 years after the sale, it's deemed abandoned (Fla. Stat. 83.806(8)).
Florida law at a glance
| Topic | What the law says | Section |
|---|---|---|
| Name and scope | Sections 83.801-83.809 are the “Self-storage Facility Act” | 83.801 |
| Owner's lien | Covers rent and other charges; attaches when property is brought in | 83.805 |
| Denying access | Allowed without notice 5 days after rent is due | 83.8055 |
| Late fee | Must be in the agreement; $20 or 20% of monthly rent, whichever is greater, is reasonable | 83.808(3) |
| Sale notice | In person, email, or first-class mail with certificate of mailing, plus posting; itemized; at least 14 days to pay | 83.806(1)-(2) |
| Advertising | Once a week for 2 consecutive weeks; sale at least 15 days after first publication; online auction allowed | 83.806(4) |
| Redemption | Tenant may pay the lien and reasonable expenses before the sale | 83.806(6) |
| Surplus | Held for the tenant; deemed abandoned if unclaimed after 2 years | 83.806(8) |
| Vehicles and boats | May be sold or towed after 60 days unpaid | 83.806(10) |
Falling behind often starts with a rent increase
If a rent increase is what's making your unit hard to afford, these guides explain your options: Florida storage rent increase, Self storage rate increase, and How to negotiate your self storage rate.
How Cut My Storage helps (free for renters)
With your consent, we email your current facility and nearby storages within about 3 miles on your behalf. You see the written replies and choose what to do. Free for renters. We can't promise any particular result.
FAQ
When can a Florida storage facility lock me out?
The owner may deny access without notice after 5 days from the date rent is due (Fla. Stat. 83.8055).
How much is a late fee in Florida?
It must be stated in your rental agreement. A fee of $20 or 20% of monthly rent, whichever is greater, is deemed reasonable (Fla. Stat. 83.808(3)).
How much notice comes before a lien sale?
The notice must give at least 14 days to pay (Fla. Stat. 83.806(2)(c)), and the sale must be at least 15 days after the first newspaper ad (Fla. Stat. 83.806(4)).
Can I get my things back before the sale?
The statute lets the tenant pay the lien plus reasonable expenses before the sale and redeem the property (Fla. Stat. 83.806(6)).
This page is general information, not legal advice. Laws change; read the current statute and your rental agreement, or consult a Florida attorney.
Sources: Fla. Stat. 83.801 · 83.805 · 83.8055 · 83.806 · 83.808 · Context: Florida Self Storage Association, Lien Law (2017 changes effective July 1, 2017)