GA Code § 43-21-5 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 21 - Operators of Hotels, Inns, and Roadhouses|Article 1 - Rights, Duties, and Liabilities of Innkeepers|§ 43-21-5. Attachment of Lien on Property of Guests or Their Agents; Priorities

 The keeper of every inn, boarding house, lodging house, and eating house shall have a lien on all furniture, baggage, wearing apparel, and other property brought into such inn, boarding house, lodging house, or eating house by any guest or patron of the same who has title to such property, or by an agent who has legally acquired possession of such property for the purpose of dealing therewith for the benefit of the owner and in and about the business of the owner, to secure the payment by such guest or patron of all sums due for food, lodging, or other accommodation. The lien shall attach in all cases where a liability has been created without regard to the time of furnishing such food, lodging, or other accommodation and shall be superior to other liens except liens for taxes, liens for purchase money or retention of title of record, special liens of landlords for rent, liens of laborers, and all general liens of which the keeper of such inn, boarding house, lodging house, or eating house had actual notice or constructive notice before the property claimed to be subject was brought into such inn, boarding house, lodging house, or eating house.   (Orig. Code 1863, § 2101; Code 1868, § 2096; Ga. L. 1873, p. 42, § 13; Code 1873, §§ 1986, 2122; Code 1882, §§ 1986, 2122; Civil Code 1895, §§ 2810, 2940; Civil Code 1910, §§ 3360, 3513; Ga. L. 1923, p. 101, § 1; Code 1933, § 52-105.)   Cross references.   - Liens generally, § 44-14-320 et seq.   JUDICIAL DECISIONS   State action as to enforcement.    - When the sole action attributable to the state is the General Assembly's enactment of statutes announcing the circumstances under which the courts of this state will not interfere with the private enforcement of innkeepers' liens, there is no violation of due process rights. Evans v. Harley Hotels, Inc., 253 Ga. 53, 315 S.E.2d 896, appeal dismissed, 469 U.S. 803, 105 S. Ct. 58, 83 L. Ed. 2d 9 (1984).    Lien given to innkeepers and boardinghouse keepers is not created by contract, but by law. Turner v. Priest, 48 Ga. App. 109, 171 S.E. 811 (1933).   Provisions strictly construed as to boardinghouse keepers.    - Statutes giving to boardinghouse keepers a lien on the goods of their boarders and the means to enforce the lien are in derogation of common law and should be strictly construed. Turner v. Priest, 48 Ga. App. 109, 171 S.E. 881 (1933).   Methods of enforcing boardinghouse keeper's lien.    - Lien of a boardinghouse keeper under former Civil Code 1910, §§ 3360 and 3513 (see now O.C.G.A. § 43-21-5) may be enforced as provided in former Civil Code 1910, § 3368 (see now O.C.G.A. § 43-21-6), by selling the property at public outcry after giving proper notice to lienee, or as provided in former Civil Code 1910, § 3366. Turner v. Priest, 48 Ga. App. 109, 171 S.E. 881 (1933).   Innkeepers have lien on guests' personalty until paid.    - Policy of law as to innkeepers, boardinghouse keepers, and all pawnees and depositaries for hire is that they shall have a lien on personalty deposited or pawned with them, and may retain possession of the chattels in opposition to the title of the owner, until they are paid for their services. Turner v. Priest, 48 Ga. App. 109, 171 S.E. 881 (1933); Brown v. Harmon, 59 Ga. App. 373, 1 S.E.2d 33 (1939).    If owner regains possession of property without fraud, lien is ended. Turner v. Priest, 48 Ga. App. 109, 171 S.E. 881 (1933).   Innkeeper's voluntary surrender of guest's property.    - When a boardinghouse keeper or innkeeper voluntarily surrenders possession of a guest's property on which the keeper has a boardinghouse keeper's or innkeeper's lien for board due, the keeper thereby loses the lien thereon, and cannot afterwards retake the property. Turner v. Priest, 48 Ga. App. 109, 171 S.E. 881 (1933); Brown v. Harmon, 59 Ga. App. 373, 1 S.E.2d 33 (1939).   Permitting guest to drive car away from premises as voluntary surrender.    - Plaintiff never established nor attempted to establish a lien by retaining possession of property levied on, and if the plaintiff ever could have been considered as having possession of the property, the plaintiff voluntarily surrendered it by allowing the defendant to drive the automobile away from the plaintiff's premises. Thus, when the plaintiff levied on the automobile, the automobile was not in the plaintiff's possession, but was parked on a public street and was in the possession of the defendant. Brown v. Harmon, 59 Ga. App. 373, 1 S.E.2d 33 (1939).   Abandoning boardinghouse as surrender of lien on property therein.    - When a boardinghouse keeper abandoned the boardinghouse, leaving the delinquent boarder in free possession of the boarder's goods, this constituted a voluntary surrender of the goods of the boarder on which the house keeper could claim a lien for money due for the furnishing of meals to the boarder's wife and child. Turner v. Priest, 48 Ga. App. 109, 171 S.E. 881 (1933).    Cited in Walker v. State, 220 Ga. 415, 139 S.E.2d 278 (1964).   RESEARCH REFERENCES   ALR.    - Automobile as subject of innkeeper's lien, 56 A.L.R. 1102.