In recent years, Georgia has seen a notable rise in squatting incidents, with individuals unlawfully occupying vacant and sometimes inhabited properties. This troubling trend has caused financial losses for property owners and has led to lengthy and complicated legal battles. As a real estate investor and landlord in Georgia, understanding your rights and knowing how to navigate these situations is crucial for protecting your investment.
The new law, House Bill 1017, named the Georgia Squatter Reform Act, was unanimously passed and awaits the governor’s signature. This new legislation aims to deal with squatting as a crime and not via a traditional eviction, which is lengthier and involves a legal landlord-tenant issue. Squatters all around the country have been using this loophole to take possession and move in to empty properties, and in some case have even more rights then the actual property owners–see the story of the NYC homeowner arrested for changing the locks on squatters unlawfully occupying her property.
According to a New York Post article, there are over 1,200 squatters in Metro Atlanta, with horrors stories ranging as bizarre as entire strip clubs being run out of vacant homes. Some properties have even been advertised as “1 Time Payment Homes” in what has developed into an underground squatting market of Instagram scammers who help you take possession and advantage of tenant rights.
So let’s dive into what this bill means and how you can stay informed about your rights as a property owner in Metro Atlanta.
What Does the New Georgia Squatter Law Mean for Squatters and Owners
The Georgia Squatter Reform Act is clear, law enforcement now has the right to issue people accused of squatting a citation that requires them to present proof of their right to occupy the residence. The citation gives them three business days to show documentation:
House Bill 1017
“documentation that authorizes the person's entry on such land or premises. Such documentation may include a properly executed lease or rental agreement or proof of rental payments.”
“If such person is unable to provide the documentation required by paragraph (2) of this subsection, such person shall be subject to arrest for unlawful squatting and upon conviction to the penalty provided”
Once signed into law, squatting will be a misdemeanor crime in Georgia and upon conviction punishable with arrest and fines equal to market-rate rents lost. The bill creates urgency for law enforcement and empowers owners with a legal proceeding that will take ten days as opposed to the ten months the traditional process has taken.
What’s the Difference Between Squatting and Trespassing?
The major difference between the two is their intentions and duration on the property. A trespasser enters someone’s private property, be it their home or land without permission. A squatter is similar in that they enter a property without the consent of the owner but they do it with the intention of living in and claiming the property for themselves. This must be evident and is proven by their Open and Notorious possession, which means they occupy the property openly, possibly improving, beautifying it, receiving mail and in rare cases even paying the property taxes.
Trespassing is a criminal offense and can be easily handled by the sheriff’s department, squatting on the other hand is considered a civil matter.
What are Squatters' Rights in Georgia
First, to define a squatter, generally speaking anyone who occupies a foreclosed, unoccupied, or abandoned building without permission is a squatter. However a squatter
Georgia generally gives squatters a legal claim to ownership of a property if they meet any of one of the following two criteria:
Continuous possession of the property for at least 20 years.
Which means that if someone has been squatting on your land or property without your consent for longer 20 years or more then they may have a right under adverse possession laws.
Possession for at least 7 years with “Color of title”.
Color of title means they have a title to the house that they believe is legitimate but incomplete and have in good faith improved and possessed the property.
The threat of squatters and adverse possession means owners need to stay vigilant in the management of their land and properties. Securing entrances regular visits and inspections are necessary to keep your property free of squatters and trespassers.
How Property Owners Can Leverage the New Anti-Squatting Law
With the enactment of House Bill 1017, property owners in Georgia are now armed with a more effective legal tool to combat squatting. The law simplifies the process of removing squatters by reducing the time needed for legal proceedings and increasing the consequences for unlawful occupancy. Here’s what you need to know to make the most of these new provisions:
Immediate Actions to Take Against Squatters
If you suspect that squatters are occupying your property, it's critical to act swiftly and judiciously. Here’s a step-by-step guide to handle the situation:
Verify Occupancy: Conduct a thorough inspection of the property to confirm the presence of squatters.
Document Evidence: Gather photographic or video evidence of the unauthorized occupation.
Notify Law Enforcement: Contact the local police to report the squatting situation. Provide them with all the documentation you’ve gathered.
Issue a Formal Notice: If applicable, serve a notice to the squatters, informing them of their illegal occupancy and your intention to pursue legal action.
How to Evict Squatters in Georgia
The streamlined legal process under the new anti-squatting law means you can expect a quicker resolution to your squatting issue. Here's what the legal journey will typically look like:
Legal Representation: Consider hiring an attorney who specializes in real estate or tenant law to guide you through the legal process.
Filing a Complaint: Your lawyer will help you file a legal complaint against the squatters, initiating the formal legal process.
Court Proceedings: The case will proceed to court, where you'll present your evidence of squatting. The new law allows for expedited court proceedings.
Enforcement of Ruling: Once a judgment is made, law enforcement will be able to act quickly to enforce the removal of squatters based on the court’s decision.
How to Prevent Squatting in Your Rental Property in Georgia
Preventing squatting before it starts is the best strategy. Here are some proactive measures to safeguard your property:
Regular Property Inspections: Conduct frequent inspections and maintenance of your property to deter squatters.
Security Measures: Install security cameras, fencing, and smart-home systems to address trespassing and enhance the security of vacant properties.
Property Management: Consider hiring a property management company to oversee and maintain the property, ensuring it remains secure and squatter-free.
Conclusion
The new anti-squatting law in Georgia represents a significant advancement for property owners, providing them with the tools needed to protect their investments effectively. By understanding and leveraging this law, you can take proactive steps to safeguard your properties against unlawful occupation and ensure the security of your real estate investments in Georgia.
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