Georgia 2025-2026 Regular Session

Georgia House Bill HB131 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 HB 131/AP
2		-	House Bill 131 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Reeves of the 99
4		-	th
5		-	, Gunter of the 8
6		-	th
7		-	, Leverett of the 123
8		-	rd
9		-	, Oliver of the
10		-	84
11		-	th
12		-	, Holcomb of the 101
13		-	st
14		-	, and others
	1	+	25 LC 62 0194S
	2	+	The Senate Committee on Judiciary offered the following
	3	+	substitute to HB 131:
15	4		A BILL TO BE ENTITLED
16	5		AN ACT
17		-	To amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated,
18		-	1
	6	+	To amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated,1
19	7		relating to self-service storage facilities, so as to revise the advertisement requirements2
20	8		before an owner of a self-service storage facility can enforce an owner's lien; to provide for3
21	9		related matters; to provide for an effective date and applicability; to repeal conflicting laws;4
22	10		and for other purposes.5
23	11		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
24	12		SECTION 1.7
25	13		Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to8
26	14		self-service storage facilities, is amended by revising subsection (a) of Code9
27	15		Section 10-4-213, relating to enforcement of lien without judicial intervention and execution10
28	16		of rental agreement, as follows:11
29	17		"(a) Provided that it complies with the requirements of this Code section, an owner may12
30	18		enforce the lien without judicial intervention. The owner shall obtain from the occupant13
31	19		a written rental agreement which includes the following language:14
32		-	'
33		-	This agreement, made and entered into this ______ day of ______________, ____, by15
	20	+	'This agreement, made and entered into this ______ day of ______________, ____, by15
34	21		and between ____________, hereinafter called Owner, and _______________,16
35		-	H. B. 131
36		-	- 1 - 25 HB 131/AP
37		-	hereinafter called Occupant, whose last known address is _________________. For the
38		-	17
	22	+	- 1 - 25 LC 62 0194S
	23	+	hereinafter called Occupant, whose last known address is _________________. For the17
39	24		consideration hereinafter stated, Owner agrees to let Occupant use and occupy a space18
40	25		in the self-service storage facility, known as ____________________, situated in the City19
41	26		of __________, County of ________, State of Georgia, and more particularly described20
42	27		as follows: Building #______, Space #_____, Size ________. Said space is to be21
43	28		occupied and used for the purposes specified herein and subject to the conditions set forth22
44	29		for a period of _______, beginning on the ______ day of ______________, ____, and23
45	30		continuing month to month until terminated.24
46		-	'
47		-	"Space,'" as used in this agreement, will be that part of the self-service storage facility25
	31	+	'"Space,'" as used in this agreement, will be that part of the self-service storage facility25
48	32		as described above. Occupant agrees to pay Owner, as payment for the use of the space26
49	33		and improvements thereon, the monthly sum of $________. Monthly installments are27
50	34		payable in advance on or before the first of each month, in the amount of $________, and28
51	35		a like amount for each month thereafter, until the termination of this agreement.29
52	36		If any monthly installment is not paid by the seventh calendar day of the month due, or30
53	37		if any check given in payment is dishonored by the financial institution on which it is31
54	38		drawn, Occupant shall be deemed to be in default.32
55	39		Occupant further agrees to pay the sum of one month's fees, which shall be used as a33
56	40		clean-up and maintenance fund, and is to be used, if required, for the repair of any34
57	41		damage done to the space and to clean up the space at the termination of the agreement. 35
58	42		In the event that the space is left in a good state of repair, and in a broom-swept36
59	43		condition, then this amount shall be refunded to Occupant. However, it is agreed to37
60	44		between the parties that Owner may set off any claims it may have against Occupant from38
61	45		this fund.39
62	46		The space named herein is to be used by Occupant solely for the purpose of storing any40
63	47		personal property belonging to Occupant. Occupant agrees not to store any explosives41
64	48		or any highly inflammable goods or any other goods in the space which would cause42
65	49		danger to the space. Occupant agrees that the property will not be used for any unlawful43
66		-	H. B. 131
67		-	- 2 - 25 HB 131/AP
68		-	purposes and Occupant agrees not to commit waste, nor alter, nor affix signs on the
69		-	44
	50	+	- 2 - 25 LC 62 0194S
	51	+	purposes and Occupant agrees not to commit waste, nor alter, nor affix signs on the44
70	52		space, and to keep the space in good condition during the term of this agreement.45
71	53		OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN46
72	54		OCCUPANT'S SPACE FOR RENT, FEES FOR THE LATE PAYMENT OF47
73	55		RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN48
74	56		RELATION TO THE PERSONAL PROPERTY, AND FOR ITS49
75	57		PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE50
76	58		OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. 51
77	59		PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE WILL BE SOLD52
78	60		OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED53
79	61		FOR A CONTINUOUS THIRTY-DAY PERIOD AFTER DEFAULT. IN54
80	62		ADDITION, UPON OCCUPANT'S DEFAULT, OWNER MAY WITHOUT55
81	63		NOTICE DENY OCCUPANT ACCESS TO THE PERSONAL PROPERTY56
82	64		STORED IN OCCUPANT'S SPACE UNTIL SUCH TIME AS PAYMENT IS57
83	65		RECEIVED. IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE58
84	66		SEVENTH CALENDAR DAY OF THE MONTH DUE, OR IF ANY CHECK59
85	67		GIVEN IN PAYMENT IS DISHONORED BY THE FINANCIAL60
86	68		INSTITUTION ON WHICH IT IS DRAWN, OCCUPANT IS IN DEFAULT61
87	69		FROM DATE PAYMENT WAS DUE.62
88	70		I hereby agree that all notices other than bills and invoices shall be given by hand63
89	71		delivery, verified mail, or email at the following addresses:64
90	72		___________________________________________________________ (hand delivery)65
91	73		____________________________________________________________ (verified mail)66
92	74		___________________________________________________________ (email).67
93		-	and I further understand that I may designate to owner
94		-	Owner an agent to receive such68
	75	+	and I further understand that I may designate to owner Owner an agent to receive such68
95	76		notice by providing:69
96	77		___________________________________________________________ (hand delivery)70
97		-	H. B. 131
98		-	- 3 - 25 HB 131/AP
99		-	____________________________________________________________ (verified mail)
100		-	71
	78	+	- 3 - 25 LC 62 0194S
	79	+	____________________________________________________________ (verified mail)71
101	80		___________________________________________________________ (email).72
102		-	For purposes of Owner's lien: '
103		-	"personal property '" means movable property, not affixed73
	81	+	For purposes of Owner's lien: '"personal property '" means movable property, not affixed73
104	82		to land, and includes, but is not limited to, goods, wares, merchandise, motor vehicles,74
105	83		trailers, watercraft, household items, and furnishings; '"last known address '" means the75
106	84		street address or post office box address provided by Occupant in the latest rental76
107	85		agreement or the address provided by Occupant in a subsequent written notice of a77
108	86		change of address by hand delivery, verified mail, or email.78
109	87		Owner's lien is superior to any other lien or security interest, except those which are79
110	88		evidenced by a certificate of title or perfected and recorded prior to the date of this rental80
111	89		agreement in Georgia, in the name of Occupant, either in the county of Occupant's 'last81
112	90		known address' or in the county where the self-service storage facility is located, except82
113	91		any tax lien as provided by law and except those liens or security interests of whom83
114	92		Owner has knowledge through Occupant's disclosure in this rental agreement or through84
115	93		other written notice. Occupant attests that the personal property in Occupant's space(s)85
116	94		is free and clear of all liens and secured interests except for ____________. Owner's lien86
117	95		attaches as of the date the personal property is brought to the self-service storage facility.87
118	96		Except as otherwise specifically provided in this rental agreement, the exclusive care,88
119	97		custody, and control of any and all personal property stored in the leased space shall89
120	98		remain vested in Occupant. Owner does not become a bailee of Occupant's personal90
121	99		property by the enforcement of Owner's lien.91
122	100		If Occupant has been in default continuously for thirty (30) days, Owner may enforce its92
123	101		lien, provided Owner shall comply with the following procedure:93
124	102		Occupant shall be notified of Owner's intent to enforce Owner's lien by written notice94
125	103		delivered in person, by verified mail, or by email. Owner also shall notify other parties95
126	104		with superior liens or security interests as defined in this rental agreement. A notice96
127	105		given pursuant to this rental agreement shall be presumed sent when it is deposited with97
128		-	H. B. 131
129		-	- 4 - 25 HB 131/AP
130		-	the United States Postal Service or the statutory overnight delivery service properly
131		-	98
	106	+	- 4 - 25 LC 62 0194S
	107	+	the United States Postal Service or the statutory overnight delivery service properly98
132	108		addressed with postage or delivery fees prepaid or sent by email. If Owner sends notice99
133	109		of a pending sale of property to Occupant's last known email address and does not100
134	110		receive a nonautomated response or a receipt of delivery to the email address, Owner101
135	111		shall send notice of the sale to Occupant by verified mail to Occupant's last known102
136	112		address or to the last known address of the designated agent of the Occupant before103
137	113		proceeding with the sale.104
138	114		Owner's notice to Occupant shall include an itemized statement of Owner's claim105
139	115		showing the sum due at the time of the notice and the date when the sum became due. 106
140	116		Owner's notice shall notify Occupant of denial of access to the personal property and107
141	117		provide the name, street address, email address, and telephone number of Owner or its108
142	118		designated agent, whom Occupant may contact to respond to this notice. Owner's109
143	119		notice shall demand payment within a specified time, not less than fourteen (14) days110
144	120		after delivery of the notice. It shall state that, unless the claim is paid, within the time111
145	121		stated in the notice, the personal property will be advertised for public sale to the112
146	122		highest bidder, and will be sold at a public sale to the highest bidder, at a specified time113
147	123		and place.114
148	124		After the expiration of the time given in Owner's notice, Owner shall publish an115
149		-	advertisement of the public sale to the highest bidder, once a week, for two consecutive
150		-	116
	125	+	advertisement of the public sale to the highest bidder, once a week, for two consecutive116
151	126		weeks, in the legal organ for the county where the self-service storage facility is located;117
152	127		provided, however, that the advertisement of the sale may be done in any other118
153	128		commercially reasonable manner when the property being sold is anything other than a119
154	129		motor vehicle, motorcycle, trailer, any watercraft, or any recreational vehicle. The 120
155	130		advertisement and sale shall be deemed commercially reasonable if at least three (3)121
156	131		independent bidders attend the sale at the time and place advertised. '"Independent bidder122
157	132		'" means a bidder who is not related to and who has no controlling interest in, or common123
158	133		pecuniary interest with, Owner or any other bidder. The advertisement shall include: a124
159		-	H. B. 131
160		-	- 5 - 25 HB 131/AP
161		-	brief and general description of the personal property, reasonably adequate to permit its
162		-	125
	134	+	- 5 - 25 LC 62 0194S
	135	+	brief and general description of the personal property, reasonably adequate to permit its125
163	136		identification; the address of the self-service storage facility, and the number, if any, of126
164	137		the space where the personal property is located, and the name of Occupant; and the time,127
165	138		place, and manner of the public sale. The public sale to the highest bidder shall take128
166		-	place not sooner than fifteen (15) days after the first
167		-	publication. Regardless of whether129
	139	+	place not sooner than fifteen (15) days after the first publication. Regardless of whether129
168	140		a sale involves the property of more than one Occupant, a single advertisement may be130
169	141		used to advertise the disposal of property at the sale. A public sale includes offering the131
170	142		property on a publicly accessible website that regularly conducts online auctions of132
171	143		personal property. Such sale shall be considered incidental to the self-storage business133
172	144		and no license shall be required.134
173	145		If no one purchases the property at the public sale and if Owner has complied with the135
174	146		foregoing procedures, Owner may otherwise dispose of the property and shall notify136
175	147		Occupant of the action taken. Any sale or disposition of the personal property shall be137
176	148		held at the self-service storage facility or at the nearest suitable place to where the138
177	149		personal property is held or stored.139
178	150		Before any sale or other disposition of personal property pursuant to this agreement,140
179	151		Occupant may pay the amount necessary to satisfy the lien and the reasonable expenses141
180	152		incurred and thereby redeem the personal property and thereafter Owner shall have no142
181	153		liability to any person with respect to such personal property.143
182	154		A Purchaser in good faith of the personal property sold to satisfy Owner's lien takes the144
183	155		property free of any rights of persons against whom the lien was valid, despite145
184	156		noncompliance by Owner with the requirements of this agreement.146
185	157		In the event of a sale, Owner may satisfy his or her lien from the proceeds of the sale. 147
186	158		Owner shall hold the balance of the proceeds, if any, for Occupant or any notified secured148
187	159		interest holder. If not claimed within two years of the date of sale, the balance of the149
188	160		proceeds shall be disposed of in accordance with Article 5 of Chapter 12 of Title 44, the150
189		-	H. B. 131
190		-	- 6 - 25 HB 131/AP
	161	+	- 6 - 25 LC 62 0194S
191	162		'"Disposition of Unclaimed Property Act.'" In no event shall Owner's liability exceed the151
192	163		proceeds of the sale.152
193	164		If the rental agreement contains a limit on the value of property stored in Occupant's153
194	165		storage space, the limit shall be deemed to be the maximum value of the property stored154
195	166		in that space.155
196	167		If the property upon which the lien is claimed is a motor vehicle, trailer, or watercraft and156
197	168		rent and other charges related to the property remain unpaid or unsatisfied for 60 days157
198	169		following the maturity of the obligation to pay rent, Owner may have the property towed158
199	170		in lieu of foreclosing on the lien. If a motor vehicle, trailer, or watercraft is towed as159
200	171		authorized in this section, Owner shall not be liable for the motor vehicle, trailer, or160
201	172		watercraft or any damages to the motor vehicle, trailer, or watercraft once the tower takes161
202	173		possession of the property.'"162
203	174		SECTION 2.163
204	175		The Act shall become effective on July 1, 2025, and shall apply to any actions for lien164
205	176		enforcement without judicial intervention initiated on or after such date.165
206	177		SECTION 3.166
207	178		All laws and parts of laws in conflict with this Act are repealed.167
208		-	H. B. 131
209	179		- 7 -