Bill Text: GA SB512 | 2011-2012 | Regular Session | Introduced
Bill Title: 'Georgia Self-service Storage Facility Act of 2012'; definitions; change the due date for monthly rental payments
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2012-03-05 - Senate Read and Referred [SB512 Detail]
Download: Georgia-2011-SB512-Introduced.html
12 LC
34 3373
Senate
Bill 512
By:
Senators Miller of the 49th, Stone of the 23rd and Jackson of the 24th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia
Annotated, relating to self-service storage facilities, so as to provide a short
title; to provide for definitions; to change the due date for monthly rental
payments; to provide procedures for sending notice of default; to provide for
print or electronic publication of notice of public sale of property; to provide
for limitations on an owner's liability; to provide for towing of motor vehicles
and watercraft; to provide for delay in filing an owner's lien if an occupant is
deployed overseas by the armed services; to provide for related matters; to
provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating
to self-service storage facilities, is revised as follows:
"ARTICLE
5
10-4-210.
This
article shall be known and may be cited as the 'Georgia Self-service Storage
Facility Act
of
2012.'
10-4-211.
For
purposes of this article, the term:
(1)
'Active duty'
means full-time duty status in the active uniformed services of the United
States, including members of the National Guard and Reserve on active duty
orders pursuant to 10 U.S.C. Sections 1209 and 1211.
(1)(2)
'Last known address' means
that
the
street
address, or
post office box 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
by hand
delivery, or verified mail.
(2)(3)
'Occupant' means a person, his
or
her sublessee, successor, or assign
entitled to the use of the storage space at a self-service storage facility
under a rental agreement, to the exclusion of others.
(3)(4)
'Owner' means the owner, operator, lessor, or sublessor of a self-service
storage facility, his
or
her agent, or any other person authorized
by
him to manage the facility or to receive
rent from an occupant under a rental agreement.
(4)(5)
'Personal property' means movable property not affixed to land and includes, but
is not limited to, goods, wares, merchandise, motor vehicles, watercraft, and
household items and furnishings.
(5)(6)
'Rental agreement' means any agreement or lease, written or oral, that
establishes or modifies the terms, conditions, rules, or any other provisions
concerning the use and occupancy of a self-service storage
facility.
(6)(7)
'Self-service storage facility' means any real property designed and used for
the purpose of renting or leasing individual storage space to occupants who are
to have access to such for the purpose of storing and removing personal
property. No occupant shall use a self-service storage facility for residential
purposes. A self-service storage facility is not a warehouse within the meaning
of Article 1 of this
chapter,
known as the 'Georgia State Warehouse Act,' and the provisions of law relative
to bonded public warehousemen shall not apply to the owner of a self-service
storage facility. A self-service storage facility is not a safe-deposit box or
vault maintained by banks, trust companies, or other financial
entities.
(8)
'Service member' means a member of the armed forces, a reserve branch of the
armed forces, or the Georgia National Guard.
(9)
'Verified mail ' means the method of mailing that is offered by the United
States Postal Service that provides evidence of mailing.
10-4-212.
The
owner of a self-service storage facility and his
or
her heirs, executors, administrators,
successors, and assigns have a lien upon all personal property located at a
self-service storage facility for rent, labor, or other charges, present or
future, in relation to the personal property and for expenses necessary for its
preservation or expenses reasonably incurred in its sale or other disposition
pursuant to this article. The lien provided for in this Code section is
superior to any other lien or security interest except those which are perfected
and recorded prior to the date of the 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 otherwise provided by law and except any lienholder with an interest in
the property of whom the owner has knowledge either through the disclosure
provision of the rental agreement or through other written notice. The lien
attaches as of the date the personal property is brought to the self-service
storage facility.
10-4-213.
Provided
that it complies with the requirements of this Code section, an owner may
enforce the lien without judicial intervention.
Owner
The
owner shall obtain from
the
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
fifth
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
FIFTH
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
the
street
address, or
post office box 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
by hand
delivery, or verified mail.
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
Occupant's
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.
Except
as otherwise specifically provided in this rental agreement, the exclusive care,
custody, and control of any and all personal property stored in the leased space
shall remain vested in the Occupant. The Owner does not become a bailee of the
Occupant's personal property by the enforcement of the Owner's
lien.
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
of the Owner's
intent to enforce the Owner's lien by written notice delivered in person or by
verified mail. The Owner also shall
notify other parties with superior liens or security interests as defined in
this rental agreement.
Such
A
notice given
pursuant to this rental agreement shall be
presumed
delivered
as of the date indicated on the proof of delivery or, if there is no proof of
delivery, on the fourteenth day after sending as shown
by
sent when it
is deposited with the United States Postal
Service or
the statutory overnight delivery service.
and properly
addressed with postage prepaid.
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,
e-mail
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 county
legal organ where the self service-storage facility is located. The manner of
advertisement shall be deemed commercially reasonable if at least three (3)
independent bidders attend the sale at the time and place advertised.
'Independent bidder' means a bidder who is not related to and who has no
controlling interest in, or common pecuniary interest with, the Owner or any
other bidder. 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
Regardless of
whether a sale involves the property of more than one Occupant, a single
advertisement may be used to advertise the disposal of property at the
sale.
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
or
her 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.
If
the rental agreement contains a limit on the value of property stored in the
Occupant's storage space, the limit shall be deemed to be the maximum value of
the property stored in that space.
If
the property upon which the lien is claimed is a motor vehicle or watercraft and
rent and other charges related to the property remain unpaid or unsatisfied for
60 days following the maturity of the obligation to pay rent, the Owner may have
the property towed in lieu of foreclosing on the lien. If a vehicle or
watercraft is towed as authorized in this section, the Owner shall not be liable
for the vehicle or watercraft or any damages to the vehicle or watercraft once
the tower takes possession of the property.
10-4-214.
Nothing
in this article shall be construed as in any manner impairing or affecting the
right of the parties to create additional rights, duties, and obligations in and
by virtue of the rental agreement. The rights provided by this article shall be
in addition to all other rights allowed by law to a creditor against his
or
her debtor.
An occupant
who is an active duty service member and who is transferred or deployed overseas
for a period of 180 days or more may notify the owner of the transfer or
deployment. The occupant shall provide written evidence of the transfer or
deployment with the notice. If an owner receives a notice with supporting
evidence from an occupant, the owner shall not enforce an owner's lien until 90
days after the end of the occupant's overseas deployment.
10-4-215.
All
rental agreements entered into before July 1,
1982
2012,
and not extended or renewed after that
date,
and the rights and duties and interests flowing from them shall remain valid and
may be enforced or terminated in accordance with their terms or as permitted by
any other statute or law of this state."
SECTION
2.
This
Act shall become effective on July 1, 2012.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.