--- title: HB 131. Self-service storage facilities; revise advertisement requirements before an owner can enforce an owner's lien collection: bills id: 2025-2026/hb131 cite_as: HB 131, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/hb131 md_url: https://georgiacommons.org/bills/2025-2026/hb131.md text_url: https://georgiacommons.org/bills/2025-2026/hb131/text source_url: https://www.legis.ga.gov/legislation/69529 date: 2025-05-12 status: passed corpus_version: bills-2026-08-28 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/hb130.md next: https://georgiacommons.org/bills/2025-2026/hb132.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 1282 omitted_url: https://georgiacommons.org/bills/2025-2026/hb131.md?full=1 bill_number: HB 131 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: House bill_type: bill status_date: 2025-05-12 last_action: Effective Date 2025-07-01 sponsors: - Matt Reeves - Stan Gunter - Rob Leverett - Mary Oliver - Scott Holcomb - Mitchell Scoggins - Brian Strickland text_version: Enrolled has_text: true legiscan_url: https://legiscan.com/GA/bill/HB131/2025 upstream_id: 1943180 summaries_model: claude-sonnet-5 topic_tags: - self-storage facilities - landlord-tenant law - property liens - consumer protection - public auctions --- # HB 131. Self-service storage facilities; revise advertisement requirements before an owner can enforce an owner's lien ## Text 25 HB 131/AP House Bill 131 (AS PASSED HOUSE AND SENATE) By: Representatives Reeves of the 99th, Gunter of the 8th, Leverett of the 123rd, Oliver of the 84th, Holcomb of the 101st, and others A BILL TO BE ENTITLED AN ACT To amend Article 5 of Chapter 4 of Title 10 of the Official Cod e of Georgia Annotated,1 relating to self-service storage facilities, so as to revise th e advertisement requirements2 before an owner of a self-service storage facility can enforce an owner's lien; to provide for3 related matters; to provide for an effective date and applicability; to repeal conflicting laws;4 and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 5 of Chapter 4 of Title 10 of the Official Code of Geor gia Annotated, relating to8 self-service storage facilities, is amended by revising subsect ion (a) of Code9 Section 10-4-213, relating to enforcement of lien without judicial intervention and execution10 of rental agreement, as follows:11 "(a) Provided that it complies with the requirements of this Code section, an owner may12 enforce the lien without judicial intervention. The owner shall obtain from the occupant13 a written rental agreement which includes the following language:14 'This agreement, made and entered into this ______ day of ______________, ____, by15 and between ____________, hereinafter called Owner, and _______ ________,16 H. B. 131 - 1 - 25 HB 131/AP hereinafter called Occupant, whose last known address is _________________. For the17 consideration hereinafter stated, Owner agrees to let Occupant use and occupy a space18 in the self-service storage facility, known as ____________________, situated in the City19 of __________, County of ________, State of Georgia, and more particularly described20 as follows: Building #______, Space #_____, Size ________. Sai d space is to be21 occupied and used for the purposes specified herein and subject to the conditions set forth22 for a period of _______, beginning on the ______ day of _______ _______, ____, and23 continuing month to month until terminated.24 '"Space,'" as used in this agreement, will be that part of the self-servi ce storage facility25 as described above. Occupant agrees to pay Owner, as payment for the use of the space26 and improvements thereon, the monthly sum of $________. Monthl y installments are27 payable in advance on or before the first of each month, in the amount of $________, and28 a like amount for each month thereafter, until the termination of this agreement.29 If any monthly installment is not paid by the seventh calendar day of the month due, or30 if any check given in payment is dishonored by the financial in stitution on which it is31 drawn, Occupant shall be deemed to be in default.32 Occupant further agrees to pay the sum of one month's fees, whi ch shall be used as a33 clean-up and maintenance fund, and is to be used, if required, for the repair of any34 damage done to the space and to clean up the space at the termination of the agreement. 35 In the event that the space is left in a good state of repair, and in a broom-swept36 condition, then this amount shall be refunded to Occupant. How ever, it is agreed to37 between the parties that Owner may set off any claims it may have against Occupant from38 this fund.39 The space named herein is to be used by Occupant solely for the purpose of storing any40 personal property belonging to Occupant. Occupant agrees not to store any explosives41 or any highly inflammable goods or any other goods in the space which would cause42 danger to the space. Occupant agrees that the property will not be used for any unlawful43 H. B. 131 - 2 - 25 HB 131/AP purposes and Occupant agrees not to commit waste, nor alter, no r affix signs on the44 space, and to keep the space in good condition during the term of this agreement.45 OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN46 OCCUPANT'S SPACE FOR RENT, FEES FOR THE LATE PAYMENT OF47 RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN48 RELATION TO THE PERSONAL PROPERTY, AND FOR ITS49 PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE50 OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. 51 PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE WILL BE SOLD52 OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED53 FOR A CONTINUOUS THIRTY-DAY PERIOD AFTER DEFAULT. IN54 ADDITION, UPON OCCUPANT'S DEFAULT, OWNER MAY WITHOUT55 NOTICE DENY OCCUPANT ACCESS TO THE PERSONAL PROPERTY56 STORED IN OCCUPANT'S SPACE UNTIL SUCH TIME AS PAYMENT IS57 RECEIVED. IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE58 SEVENTH CALENDAR DAY OF THE MONTH DUE, OR IF ANY CHECK59 GIVEN IN PAYMENT IS DISHONORED BY THE FINANCIAL60 INSTITUTION ON WHICH IT IS DRAWN, OCCUPANT IS IN DEFAULT61 FROM DATE PAYMENT WAS DUE.62 I hereby agree that all notices other than bills and invoices s hall be given by hand63 delivery, verified mail, or email at the following addresses:64 ___________________________________________________________ (hand delivery)65 ____________________________________________________________ (verified mail)66 ___________________________________________________________ (email).67 and I further understand that I may designate to owner Owner an agent to receive such68 notice by providing:69 ___________________________________________________________ (hand delivery)70 H. B. 131 - 3 - 25 HB 131/AP ____________________________________________________________ (verified mail)71 ___________________________________________________________ (email).72 For purposes of Owner's lien: '"personal property '" means movable property, not affixed73 to land, and includes, but is not limited to, goods, wares, mer chandise, motor vehicles,74 trailers, watercraft, household items, and furnishings; '"last known address '" means the75 street address or post office box address provided by Occupant in the latest rental76 agreement or the address provided by Occupant in a subsequent w ritten notice of a77 change of address by hand delivery, verified mail, or email.78 Owner's lien is superior to any other lien or security interest , except those which are79 evidenced by a certificate of title or perfected and recorded prior to the date of this rental80 agreement in Georgia, in the name of Occupant, either in the county of Occupant's 'last81 known address' or in the county where the self-service storage facility is located, except82 any tax lien as provided by law and except those liens or secur ity interests of whom83 Owner has knowledge through Occupant's disclosure in this rental agreement or through84 other written notice. Occupant attests that the personal property in Occupant's space(s)85 is free and clear of all liens and secured interests except for ____________. Owner's lien86 attaches as of the date the personal property is brought to the self-service storage facility.87 Except as otherwise specifically provided in this rental agreem ent, the exclusive care,88 custody, and control of any and all personal property stored in the leased space shall89 remain vested in Occupant. Owner does not become a bailee of O ccupant's personal90 property by the enforcement of Owner's lien.91 If Occupant has been in default continuously for thirty (30) days, Owner may enforce its92 lien, provided Owner shall comply with the following procedure:93 Occupant shall be notified of Owner's intent to enforce Owner's lien by written notice94 delivered in person, by verified mail, or by email. Owner also shall notify other parties95 with superior liens or security interests as defined in this re ntal agreement. A notice96 given pursuant to this rental agreement shall be presumed sent when it is deposited with97 H. B. 131 - 4 - 25 HB 131/AP the United States Postal Service or the statutory overnight del ivery service properly98 addressed with postage or delivery fees prepaid or sent by email. If Owner sends notice99 of a pending sale of property to Occupant's last known email ad dress and does not100 receive a nonautomated response or a receipt of delivery to the email address, Owner101 shall send notice of the sale to Occupant by verified mail to O ccupant's last known102 address or to the last known address of the designated agent of the Occupant before103 proceeding with the sale.104 Owner's notice to Occupant shall include an itemized statement of Owner's claim105 showing the sum due at the time of the notice and the date when the sum became due. 106 Owner's notice shall notify Occupant of denial of access to the personal property and107 provide the name, street address, email address, and telephone number of Owner or its108 designated agent, whom Occupant may contact to respond to this notice. Owner's109 notice shall demand payment within a specified time, not less than fourteen (14) days110 after delivery of the notice. It shall state that, unless the claim is paid, within the time111 stated in the notice, the personal property will be advertised for public sale to the112 highest bidder, and will be sold at a public sale to the highest bidder, at a specified time113 and place.114 After the expiration of the time given in Owner's notice, Owner shall publish an115 advertisement of the public sale to the highest bidder, once a week, for two consecutive116 weeks, in the legal organ for the county where the self-service storage facility is located;117 provided, however, that the advertisement of the sale may be do ne in any other118 commercially reasonable manner when the property being sold is anything other than a119 motor vehicle, motorcycle, trailer, any watercraft, or any recr eational vehicle . The 120 advertisement and sale shall be deemed commercially reasonable if at least three (3)121 independent bidders attend the sale at the time and place advertised. '"Independent bidder122 '" means a bidder who is not related to and who has no controlling interest in, or common123 pecuniary interest with, Owner or any other bidder. The advertisement shall include: a124 H. B. 131 - 5 - 25 HB 131/AP brief and general description of the personal property, reasonably adequate to permit its125 identification; the address of the self-service storage facility, and the number, if any, of126 the space where the personal property is located, and the name of Occupant; and the time,127 place, and manner of the public sale. The public sale to the h ighest bidder shall take128 place not sooner than fifteen (15) days after the first publication. Regardless of whether129 a sale involves the property of more than one Occupant, a single advertisement may be130 used to advertise the disposal of property at the sale. A public sale includes offering the131 property on a publicly accessible website that regularly conduc ts online auctions of132 personal property. Such sale shall be considered incidental to the self-storage business133 and no license shall be required.134 If no one purchases the property at the public sale and if Owne r has complied with the135 foregoing procedures, Owner may otherwise dispose of the proper ty and shall notify136 Occupant of the action taken. Any sale or disposition of the personal property shall be137 held at the self-service storage facility or at the nearest sui table place to where the138 personal property is held or stored.139 Before any sale or other disposition of personal property pursu ant to this agreement,140 Occupant may pay the amount necessary to satisfy the lien and the reasonable expenses141 incurred and thereby redeem the personal property and thereafte r Owner shall have no142 liability to any person with respect to such personal property.143 A Purchaser in good faith of the personal property sold to satisfy Owner's lien takes the144 property free of any rights of persons against whom the lien wa s valid, despite145 noncompliance by Owner with the requirements of this agreement.146 In the event of a sale, Owner may satisfy his or her lien from the proceeds of the sale. 147 Owner shall hold the balance of the proceeds, if any, for Occupant or any notified secured148 interest holder. If not claimed within two years of the date o f sale, the balance of the149 proceeds shall be disposed of in accordance with Article 5 of Chapter 12 of Title 44, the150 H. B. 131 - 6 - 25 HB 131/AP '"Disposition of Unclaimed Property Act.'" In no event shall Owner's liability exceed the151 proceeds of the sale.152 If the rental agreement contains a limit on the value of proper ty stored in Occupant's153 storage space, the limit shall be deemed to be the maximum value of the property stored154 in that space.155 If the property upon which the lien is claimed is a motor vehicle, trailer, or watercraft and156 rent and other charges related to the property remain unpaid or unsatisfied for 60 days157 following the maturity of the obligation to pay rent, Owner may have the property towed158 in lieu of foreclosing on the lien. If a motor vehicle, traile r, or watercraft is towed as159 authorized in this section, Owner shall not be liable for the m otor vehicle, trailer, or160 watercraft or any damages to the motor vehicle, trailer, or watercraft once the tower takes161 possession of the property.'"162 SECTION 2.163 The Act shall become effective on July 1, 2025, and shall apply to any actions for lien164 enforcement without judicial intervention initiated on or after such date.165 SECTION 3.166 All laws and parts of laws in conflict with this Act are repealed.167 H. B. 131 - 7 - ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. House Bill 131 changes how Georgia self-storage facility owners must advertise a unit's contents before selling them off to cover unpaid rent, allowing more flexible advertising for most stored items. ### Plain-language summary Georgia law lets a self-storage facility owner sell a tenant's stored belongings to collect unpaid rent, but only after following specific notice and advertising steps. Under current practice, owners generally had to publish a sale notice in the legal organ (the official newspaper of record) for the county where the facility sits, once a week for two weeks, before holding the sale. House Bill 131 amends O.C.G.A. § 10-4-213(a), the section of Georgia's self-service storage facility law covering lien enforcement without going to court. It keeps the legal organ publication requirement for vehicles, motorcycles, trailers, watercraft, and recreational vehicles, but allows the sale of any other stored property, such as furniture or household goods, to be advertised in any other commercially reasonable manner instead. The rest of the required notice, waiting periods, and sale procedures stay in place. The change takes effect July 1, 2025, and applies to lien enforcement actions started on or after that date. ### What it does - Rewrites part of Georgia's self-storage lien law (O.C.G.A. § 10-4-213(a)) covering how owners must advertise a public sale of a tenant's stored property. - Keeps the requirement to publish sale notices in the county's legal organ (official newspaper of record) once a week for two weeks specifically for motor vehicles, motorcycles, trailers, watercraft, and recreational vehicles. - Allows advertisement of the sale of any other stored personal property, such as furniture or boxes of goods, in any other commercially reasonable manner rather than requiring legal organ publication. - Keeps the standard that an advertisement and sale count as commercially reasonable if at least three independent bidders attend. - Sets the changes to take effect July 1, 2025, applying only to lien enforcement actions started on or after that date. ### Who it affects Self-storage facility owners and operators in Georgia, tenants who rent storage units and risk losing their belongings over unpaid rent, and buyers who bid at storage unit sales, including those held online. ### Why it matters Storage facility owners could advertise most unit sales more cheaply and quickly, for example online, instead of paying for newspaper legal organ notices, while vehicles and watercraft stored in units would still require the traditional newspaper notice before a sale. ### Key provisions - Section 1 revises O.C.G.A. § 10-4-213(a), the statute governing a self-storage owner's ability to enforce a lien and sell stored property without going to court. - Retains the requirement that owners give tenants written notice of default and a chance to pay, with at least 14 days to respond before a sale can proceed. - Requires legal organ publication (weekly for two consecutive weeks) specifically for sales involving motor vehicles, motorcycles, trailers, watercraft, or recreational vehicles. - Allows any commercially reasonable advertising method for sales of other personal property, expanding beyond newspaper publication. - Confirms that a public sale can include listing the property on a publicly accessible website that regularly runs online auctions, without needing an auction license. - Section 2 sets the effective date as July 1, 2025, applying to lien enforcement actions begun on or after that date. - Section 3 repeals any conflicting laws. ## Status - Status: Passed (2025-05-12) - Last action: Effective Date 2025-07-01 (2025-05-12) - Sponsors: Matt Reeves, Stan Gunter, Rob Leverett, Mary Oliver, Scott Holcomb, Mitchell Scoggins, Brian Strickland - Official page: https://www.legis.ga.gov/legislation/69529 > The history, votes, and amendments (1,282 characters) are at https://georgiacommons.org/bills/2025-2026/hb131.md?full=1