Atlanta self-storage facilities must obey the Georgia Self-Service Storage Facility Act. Georgia law specifically states that explosive items like fireworks cannot be stored in self-storage units. The lease is void if the tenant uses the facility in an illegal manner, such as living in the unit or growing marijuana in it. Georgia's laws on placing liens against the property and notifying tenants are similar to other states laws. Georgia's laws on handling cars left in storage units are actually in conflict with one another.
Liens against Stored Property
Georgia permits self-storage companies to place a lien on property stored at the facility as soon as a lease is signed. This lien can be used to auction off the property if the necessary monthly payments are not paid in time. Georgia allows self-storage companies to foreclose on the lien if payment is not made within ten days of the due date, generally the tenth of the month. Until the law was updated in 2003, the time limit was 30 days. If payment was made with a check that bounced, the tenant can be held in default. If clients pay rent for the unit several months in advance, the storage company cannot foreclose until the tenth day after the last paid month ends at a minimum.
Notifying Tenants
Atlanta self storage facility owners or managers must send notices of impending property sales and past due notices to the last address on record before a sale can be scheduled. Delivery should be made by certified mail. Overnight delivery of the certified letter is a better choice, since it ensures that the notification is received quickly by the tenant.
The letter must give the full amount owed, the date when it was due and what is in the storage unit. The letter must also give a phone number and address where the tenant can reach someone who can accept payment.
Self-Storage Auctions in Georgia
Georgia requires self-storage facilities to hold public sales with property going to the highest bidder. The auction notice must be published once a week for two weeks in one of the newspapers that serves the area where the Atlanta self storage facility is located. The auction cannot take place until 15 days have happened after first notice was published. At any point before the sale, the property owner can pay the past due amount and charges related to the auction such as fees for new locks and redeem the property. Georgia law allows the self-storage company to deny the tenant access to the unit until the money owed has been paid. Potential buyers cannot search through the property and possibly pilfer it nor open closed chests and locked boxes in the storage unit until the items are bought at auction.
Georgia does not require licensed auctioneers for self-storage property sales. The sale must take place at the self-storage facility or nearest suitable location near the storage facility. If the property is not purchased at public auction, the Atlanta self storage facility can dispose of it. This includes throwing items away or donating it.
However, the storage facility owner must tell the tenant what happened to it. Georgia law requires the self-storage facility to apply the money raised by the auction to the lien. If additional money is raised, the facility owner must inform the tenant of these funds. It does not have to send the tenant a check for the amount. If the tenant does not claim the money in two years, the funds are considered unclaimed property and taken over by the Georgia Department of Revenue. At that point, the tenant would need to contact the Department of Revenue to get the money.
