Vero Beach, FL asked in Business Law and Civil Litigation for Georgia

Q: Once in default must it go to auction or can I follow the signed contract that says Owner may dispose of the contents?

I have owned a self storage facility in Georgia for years and have never held an auction. Our contract was pulled straight from Ga code title 10-4-213, stating we will dispose of the contents if customer is in default. (We always allow 60 days before sending out certified letters or e-mails stating our intentions) I recently hired a new site manager that is concerned that we are not following the statute because we are not holding a public auction. Can you please tell me if I need to start holding auctions in order to be in compliance with Georgia self storage laws. Thank you for your time.

1 Lawyer Answer
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: Your new manager may be correct. Make sure that you are reading the 2021 version of the OFFICIAL CODE OF GEORGIA ANNOTATED. If you remain uncertain after reading the newest language, you should probably meet with a business law attorney who can assist you in understanding your legal obligations.

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