Title 10, Chapter 4, Section 213
( 10-4-213)
Provided that it complies with the requirements of this Code
section, an owner may enforce the lien without judicial
intervention. Owner shall obtain from occupant a written rental
agreement which includes the following language: This agreement, made and entered into this ______ day of
______________, ____, by and between ____________, hereinafter
called Owner, and _______________, hereinafter called Occupant,
whose last known address is _________________. For the
consideration hereinafter stated, the Owner agrees to let the
Occupant use and occupy a space in the self-service storage
facility, known as ____________________, situated in the City of
__________, County of ________, State of Georgia, and more
particularly described as follows: Building #______, Space #_____,
Size ________. Said space is to be occupied and used for the
purposes specified herein and subject to the conditions set forth
for a period of _______, beginning on the ______ day of
______________, ____, and continuing month to month until
terminated. "Space," as used in this agreement, will be that part of the
self-service storage facility as described above. The Occupant
agrees to pay the Owner, as payment for the use of the space and
improvements thereon, the monthly sum of $________. Monthly
installments are payable in advance on or before the first of each
month, in the amount of $________, and a like amount for each
month thereafter, until the termination of this agreement. If any monthly installment is not paid by the tenth of the month
due, or if any check given in payment is dishonored, Occupant
shall be deemed to be in default. Occupant further agrees to pay the sum of one month's fees, which
shall be used as a clean-up and maintenance fund, and is to be
used, if required, for the repair of any damage done to the space
and to clean up the space at the termination of the agreement. In
the event that the space is left in a good state of repair, and in
a broom-swept condition, then this amount shall be refunded to the
Occupant. However, it is agreed to between the parties that the
Owner may set off any claims it may have against the Occupant from
this fund. The space named herein is to be used by the Occupant solely for
the purpose of storing any personal property belonging to the
Occupant. The Occupant agrees not to store any explosives or any
highly inflammable goods or any other goods in the space which
would cause danger to the space. The Occupant agrees that the
property will not be used for any unlawful purposes and the
Occupant agrees not to commit waste, nor alter, nor affix signs on
the space, and to keep the space in good condition during the term
of this agreement. OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANT'S
SPACE FOR RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN
RELATION TO THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION OR
EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION
PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN
OCCUPANT'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO
PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS THIRTY-DAY PERIOD AFTER
DEFAULT. IN ADDITION, UPON OCCUPANT'S DEFAULT, OWNER MAY WITHOUT
NOTICE DENY OCCUPANT ACCESS TO THE PERSONAL PROPERTY STORED IN
OCCUPANT'S SPACE UNTIL SUCH TIME AS PAYMENT IS RECEIVED. IF ANY
MONTHLY INSTALLMENT IS NOT MADE BY THE TENTH OF THE MONTH DUE, OR
IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED, THE OCCUPANT IS IN
DEFAULT FROM DATE PAYMENT WAS DUE. For purposes of Owner's lien: "personal property" means movable
property, not affixed to land, and includes, but is not limited
to, goods, wares, merchandise, motor vehicles, watercraft,
household items, and furnishings; "last known address" means that
address provided by the Occupant in the latest rental agreement or
the address provided by the Occupant in a subsequent written
notice of a change of address. The Owner's lien is superior to any other lien or security
interest, except those which are evidenced by a certificate of
title or perfected and recorded prior to the date of this rental
agreement in Georgia, in the name of the Occupant, either in the
county of the Occupant's "last known address" or in the county
where the self-service storage facility is located, except any tax
lien as provided by law and except those liens or security
interests of whom the Owner has knowledge through the Occupant's
disclosure in this rental agreement or through other written
notice. Occupant attests that the personal property in his
space(s) is free and clear of all liens and secured interests
except for ____________. The Owner's lien attaches as of the date
the personal property is brought to the self-service storage
facility. If Occupant has been in default continuously for thirty (30) days,
Owner may enforce its lien, provided Owner shall comply with the
following procedure: The Occupant shall be notified in writing by delivery in person
or by certified mail or statutory overnight delivery to the last
known address of Occupant. The Owner also shall notify other
parties with superior liens or security interests as defined in
this rental agreement. Such notice shall be presumed delivered
when notice of delivery, failure to accept delivery, or the
impossibility of delivery is received by Owner. Owner's notice to Occupant shall include an itemized statement
of the Owner's claim showing the sum due, at the time of the
notice, and the date when the sum became due. It shall briefly
and generally describe the personal property subject to the
lien. The description shall be reasonably adequate to permit
the person(s) notified to identify it, except that any container
included, but not limited to, a trunk, valise, or box that is
locked, fastened, sealed, or tied in a manner which deters
immediate access to its contents may be described as such
without describing its contents. Owner's notice shall notify
Occupant of denial of access to the personal property and
provide the name, street address, and telephone number of the
Owner or its designated agent, whom the Occupant may contact to
respond to this notice. Owner's notice shall demand payment
within a specified time, not less than fourteen (14) days after
delivery of the notice. It shall state that, unless the claim
is paid, within the time stated in the notice, the personal
property will be advertised for public sale to the highest
bidder, and will be sold at a public sale to the highest bidder,
at a specified time and place. After the expiration of the time given in Owner's notice, Owner
shall publish an advertisement of the public sale to the highest
bidder, once a week, for two consecutive weeks, in a newspaper of
general circulation where the self-service storage facility is
located. The advertisement shall include: a brief and general
description of the personal property, reasonably adequate to
permit its identification; the address of the self-service storage
facility, and the number, if any, of the space where the personal
property is located, and the name of the Occupant; and the time,
place, and manner of the public sale. The public sale to the
highest bidder shall take place not sooner than fifteen (15) days
after the first publication. If there is no newspaper of general
circulation where the self-service storage facility is located,
the advertisement shall be posted at least ten (10) days before
the date of the public sale and in not less than six (6)
conspicuous places in the neighborhood where the self-service
storage facility is located. If no one purchases the property at the public sale and if the
Owner has complied with the foregoing procedures, the Owner may
otherwise dispose of the property and shall notify the Occupant of
the action taken. Any sale or disposition of the personal
property shall be held at the self-service storage facility or at
the nearest suitable place to where the personal property is held
or stored. Before any sale or other disposition of personal property pursuant
to this agreement, the Occupant may pay the amount necessary to
satisfy the lien and the reasonable expenses incurred and thereby
redeem the personal property and thereafter the Owner shall have
no liability to any person with respect to such personal property. A Purchaser in good faith of the personal property sold to satisfy
Owner's lien takes the property free of any rights of persons
against whom the lien was valid, despite noncompliance by the
Owner with the requirements of this agreement. In the event of a sale, the Owner may satisfy his lien from the
proceeds of the sale. The Owner shall hold the balance of the
proceeds, if any, for the Occupant or any notified secured
interest holder. If not claimed within two years of the date of
sale, the balance of the proceeds shall be disposed of in
accordance with Article 5 of Chapter 12 of Title 44, the
"Disposition of Unclaimed Property Act." In no event shall the
Owner's liability exceed the proceeds of the sale. |