HB183: HB183 Innkeepers; expand liens to cover property removed from a room upon the termination of a guest's contract

Georgia law already lets guests sign a written statement limiting how long they may occupy a room. This bill rewrites that law (O.C.G.A. § 43-21-3.2) to say that once that time period ends, any property the guest leaves behind becomes subject to the innkeeper's existing lien for unpaid food, lodging, or other charges, and the innkeeper may move that property to a secure location until the guest pays what is owed. The bill also spells out a process for removing people who overstay, whose stay has been terminated, or who never had a valid contract. An innkeeper can sign a sworn affidavit, and the local sheriff, deputy, constable, marshal, or other certified peace officer must eject the person within five days of receiving it. If local law enforcement cannot act in time, the innkeeper may hire an off-duty officer to do it instead. The bill also states that a day-to-day or week-to-week guest is presumed to have an innkeeper-guest relationship no matter how long they have stayed.

• Expands the innkeeper's lien so it covers a guest's property removed from a room once the guest's occupancy contract ends, not just property left in the room.
• Requires local peace officers (sheriff, deputy, constable, marshal, or POST-certified officer) to eject overstaying or unauthorized occupants within five days of receiving a sworn affidavit from the innkeeper.
• Allows innkeepers to hire an off-duty certified peace officer to carry out the ejection if the local officer cannot do so within the five-day window.
• Creates a legal presumption that an innkeeper-guest relationship exists for anyone staying on a day-to-day or week-to-week basis, regardless of how long they have stayed.
• Keeps the existing rule that a guest who leaves before the end of their stated occupancy period is not liable for charges after vacating, unless they agreed otherwise beforehand.

Hotel, motel, and inn operators; guests who rent rooms on short-term or week-to-week bases; and local law enforcement officers, including sheriffs, deputies, constables, and marshals, who would be required to carry out ejections under the new affidavit process.

Innkeepers would gain a faster, clearer way to remove overstaying guests and to hold their belongings as security for unpaid bills, while guests who overstay or lack a valid room contract could face quicker removal through a sworn affidavit and mandatory police action.

• Section 1 rewrites O.C.G.A. § 43-21-3.2 to apply the innkeeper's lien (O.C.G.A. § 43-21-5) to property removed from a room after a guest's contract period ends.
• Subsection (b)(1) makes anyone remaining past their contract period, after termination, or without a valid contract subject to ejection.
• Subsection (b)(2) creates an affidavit process requiring certified peace officers to eject such a person within five days of receiving the innkeeper's sworn statement.
• Subsection (b)(3) lets the innkeeper hire an off-duty certified peace officer if local law enforcement misses the five-day deadline.
• Subsection (c) presumes an innkeeper-guest relationship exists for day-to-day or week-to-week stays regardless of how long the guest has stayed.
• Section 2 repeals any conflicting laws.

1. 2025-02-03House Second Readers (House)
2. 2025-01-30House First Readers (House)
3. 2025-01-29House Hopper (House)

• Devan Seabaugh (R, HD-034)Primary sponsor
• Trey Kelley (R, HD-016)
• Matt Reeves (R, HD-099)
• Chuck Efstration (R, HD-104)
• Clint Crowe (R, HD-118)
• Deborah Silcox (R, HD-053)

• innkeeper liens
• hotel and motel law
• tenant vs guest status
• eviction procedures
• property law