What should you do if you have a squatter on your property? Georgia law offers new options

Georgia recently made some updates to the existing squatter laws that will ultimately serve to further protect Columbus property owners.

House Bill 1017, also known as the Georgia Squatter Reform Act , was signed by Governor Brian Kemp and immediately took effect April 24, 2024. The new act, which differs from previous laws, is designed to protect property owners from unauthorized occupants and strengthens penalties for violators.

What is a “squatter” according to Georgia law?

Squatting is “entering and residing on someone else’s property without the owner’s knowledge or consent.” There are distinctions to be made between squatting and trespassing, and even further differences for holdover tenants , which are tenants who once held a lawful lease but have stopped paying rent.

While squatters are technically trespassing, to be charged under the new laws, an individual must occupy a property for an extended period of time .

These are the key points in the new 2024 law.

There have always been laws governing unlawful possession of a property in Georgia, but the new law goes further to protect property owners’ rights.

• Law enforcement can now issue a citation to suspected squatters, giving them three days to provide proof of legal occupancies or vacate the property.

• If documents are provided, a non-jury trial must be held within seven days in Magistrate court to determine the legitimacy of the documents.

• Failure to provide documentation could result in arrest for criminal trespass.

• The removal process is now faster which makes it more efficient for property owners to regain possession.

What are the main differences between the old and new laws?

• The new law criminalizes unlawful squatting, whereas previously it was a civil matter.

• Squatting can now be punishable by up to a year in jail, a $1,000 fine or penalties for damages or back rent .

• Cases regarding squatting are now heard in Magistrate Courts instead of Superior Courts.

• Individuals accused of squatting are no longer able to have jury trials .

• The charges for submitting false documentation are now considered a felony.

• Distinctions between “squatters” and “tenants” are now more clearly drawn.

What should you do if you have a squatter?

If you suspect someone is unlawfully occupying a property you own, you should first contact local law enforcement. They are able to issue citations now, and that will initiate the process of ejectment (which is different from eviction).

You should know these things:

• You must provide proof of ownership to the police . This could include a deed to the property or tax records.

• Do not attempt to eject the individual yourself. Self-help evictions are illegal in Georgia .

• Consider filing for damages to include any fair market rent payments you could have collected while the property was occupied.

• Secure the property once it has been vacated. This might include changing the locks, securing any broken doors or entry ways, or installing an alarm system.

If you have recently been ejected from a property and are currently homeless, contact the Georgia Department of Community affairs at the free hot line 1-844-249-8367 or email them at homelessinfo@dca.ga.gov .

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