Understanding the Georgia Squatter Reform Act

In recent years, squatting has become an increasing concern for property owners in Georgia, particularly in metro Atlanta. Reports of individuals unlawfully occupying homes have surfaced with alarming frequency, leaving homeowners frustrated and often feeling helpless. In response to this growing crisis, the Georgia legislature passed the Georgia Squatter Reform Act in 2024. This law aims to address loopholes that previously allowed squatters to remain in properties for extended periods, often complicating eviction efforts.

What Led to the Georgia Squatter Reform Act?

While squatting has always existed in some form, the problem escalated significantly in the aftermath of the COVID-19 pandemic. Several factors contributed to this:

• Court Backlogs: Eviction moratoriums and delays in the legal system created a backlog, making it easier for squatters to exploit the system and remain in properties for months before legal action could remove them.
• Fake Lease Scams: Squatters often present fraudulent leases to law enforcement officers, making it difficult for police to act and forcing homeowners into prolonged legal battles.
• Inconsistent Law Enforcement Response: Many local law enforcement agencies classified squatting as a civil matter rather than a criminal act, making it harder for homeowners to regain control of their properties.

With public outcry and rising pressure from affected property owners, the Georgia legislature passed the Squatter Reform Act to provide a clearer legal path for eviction and penalties for unlawful squatting.

Key Changes in the Georgia Squatter Reform Act

The new law introduced several important changes to Georgia’s criminal and civil codes related to squatting. Here’s a breakdown of its most impactful elements:

1. Squatting is Now a Recognized Criminal Offense

Previously, law enforcement officers were often hesitant to intervene in squatting cases, citing them as civil disputes. Under the new law:

• Squatting is now explicitly classified as unlawful squatting, a misdemeanor offense in Georgia.
• Law enforcement can issue citations and require squatters to provide proof of legal residency within three days.
• If squatters fail to provide valid documentation, they may face arrest and removal from the property.

2. Expedited Removal Process

One of the most frustrating aspects of dealing with squatters was the lengthy removal process under previous laws. Now:

• Homeowners can file an intruder affidavit with the sheriff’s office, allowing law enforcement to intervene more quickly.
• Squatters now have three days to file a counter-affidavit if they believe they have a legitimate claim to the property.
• If no valid counter-affidavit is provided, law enforcement can remove the squatter immediately.
• Any disputed claims now go to magistrate court rather than superior court, expediting the legal process significantly.

3. Stricter Penalties for Fake Leases

One major loophole squatters have used is presenting fraudulent rental agreements to police to delay eviction. The new law addresses this by:

• Requiring squatters to provide legitimate documentation within a strict timeframe.
• Creating legal consequences for individuals caught forging or using fake leases.
• Allowing for quicker investigation and eviction if a lease is proven to be fraudulent.

Impact of the Law: Is It Working?

Since its passage, the Georgia Squatter Reform Act has led to a decrease in reported squatting cases, particularly in metro Atlanta. Law enforcement agencies now have a clearer mandate to take action, and homeowners report faster eviction times. However, challenges remain:

• Some law enforcement agencies are slow to enforce the new law, citing resource constraints.
• Certain squatters continue to exploit legal loopholes, particularly in areas where enforcement is weaker.
• The potential for future legal challenges to the law remains, as it could be contested in higher courts.

While it’s too early to declare total success, the law is a step toward addressing what had become an unmanageable crisis for many property owners.

The Future of Squatting Laws in Georgia

As the legal landscape continues to evolve, homeowners and real estate professionals should stay informed about their rights and any further legislative changes. Advocacy groups and legal professionals continue to monitor the law’s effectiveness, and future revisions may be necessary to close any remaining loopholes.

Want to Learn More?

For a deep dive into the Georgia Squatter Reform Act, listen to our latest episode of See You In Court, where we discuss this topic with real estate attorney David Metzger. He shares insights on the law’s impact, its enforcement, and what it means for homeowners across Georgia.

👉 Watch the complete episode to learn more!
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Please note: The information provided on this website and within our blog posts and YouTube channel is intended solely for educational and informational purposes as a public service by the Georgia Civil Justice Foundation.

Legal issues can be complex and individualized. If you are seeking legal advice, please contact a licensed attorney in your jurisdiction who can provide legal guidance that suits your particular situation.