25 LC 47 3261
House Bill 183
By: Representatives Seabaugh of the 34
th
, Kelley of the 16
th
, Reeves of the 99
th
, Efstration
of the 104
th
, Crowe of the 118
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated,
1
relating to rights, duties, and liabilities of innkeepers, so as to expand an innkeeper's liens to2
cover property removed from a room by an innkeeper upon the termination of a guest's3
contract; to provide procedures for innkeepers to eject persons under certain circumstances4
from inns; to provide for sheriffs, constables, marshals, and other certified peace officers to5
eject persons from such facilities under certain circumstances; to provide for the presumption6
of an innkeeper-guest relationship; to provide for related matters; to repeal conflicting laws;7
and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to11
rights, duties, and liabilities of innkeepers, is amended by revising Code Section 43-21-3.2,12
relating to written statement of period of occupancy signed by guest, rights of innkeeper and13
guest under contract, as follows:14
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"43-21-3.2.
15
(a)
A written statement prominently setting forth in bold type the time period during which16
a guest may occupy an assigned room, when separately signed or initialed by the guest, is17
a valid nonassignable contract. At the expiration of such time period, the guest may be18
restrained from entering such room and any property of the guest shall be subject to the19
innkeeper's lien as provided for in Code Section 43-21-5 and may be removed by the20
innkeeper to a secure place where the guest may recover his or her property upon payment21
by such guest of all sums due for food, lodging, or other accommodation without liability22
to the innkeeper, except for damages to or loss of such property attributable to its removal.23
If a guest vacates his or her room prior to the date contained in the written statement, that24
such guest shall not be liable for charges for the time after the room is vacated unless the25
guest has agreed otherwise before occupying the room.26
(b)(1) Any person on the premises at or after the expiration of the time period provided27
for in subsection (a) of this Code section, whose occupancy has been terminated under 28
Code Section 43-21-3.1, or who does not have a valid contract with the innkeeper shall29
be subject to ejection from such premises.30
(2) When the innkeeper, its agent, or its attorney in fact, shall subscribe an affidavit, in31
writing, before any officer authorized to administer an oath setting forth that such32
innkeeper, its agent, or its attorney in fact claims, in good faith, that the occupancy of a33
guest has expired or otherwise terminated or the person does not have a valid contract and34
refuses to vacate the premises, it shall be the duty of the sheriff, sheriff deputy, constable,35
marshal, or other individual certified by the Georgia Peace Officer Standards and36
Training Council of the county where the inn is located, upon receiving such affidavit,37
to eject such person within five days of receiving such affidavit.38
(3) In the event that a sheriff, sheriff deputy, constable, marshal, or other individual39
certified by the Georgia Peace Officer Standards and Training Council of the county40
where the inn is located is unable to effect such ejection within the time provided in41
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paragraph (2) of this subsection, the innkeeper shall be entitled to utilize the services of42
an off-duty sheriff, sheriff deputy, constable, marshal, or other individual certified by the43
Georgia Peace Officer Standards and Training Council to eject such person.44
(c) When an innkeeper furnishes accommodations to a guest on a day-to-day or45
week-to-week basis, an innkeeper-guest relationship shall be presumed to exist regardless46
of such guest's length of stay at such inn."47
SECTION 2.48
All laws and parts of laws in conflict with this Act are repealed.49
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