How Georgia has tightened laws against squatters, what new laws mean for homeowners

Georgia is one of the states that has increased penalties for squatters and expedited the squatter eviction process for homeowners.

The Georgia Squatter Reform Act was signed by Governor Brian Kemp back in April 2024. The law partially makes squatting a criminal offense and speeds up the eviction process for squatting cases.

“Unfortunately, bad actors have found ways to exploit, exploit this process that runs through local government. “That’s why we’re passing a law that I’m going to sign right after this interview to increase the penalties. “Take action against these people to also speed up the eviction process, but also allow the property owner to seek damages against these squatters.” Kemp previously said on “Fox & Friends” when discussing the legislation.

According to experts, homeowners who are overtaken by squatters can develop psychological and physical problems

“It’s crazy that people just think they can come in and take over someone’s house. I mean, it’s just outrageous,” Kemp said.

The signing of the Georgia law came shortly after Gov. Ron DeSantis signed a similar law in Florida a month earlier.

“I’m sure it’s broadly the same, we’re just using the legal authority that we have to move the process forward,” Kemp said, referring to the Georgia bill’s similarity to the Florida bill. “I mean, look, it’s crazy, first of all, that this is even happening. But then as a property owner, if you can’t remove these people from your own property, that’s the madness in the world that we have.” “We live there now and I know Governor DeSantis won’t put up with it, and neither will we not,” Kemp said.

A sponsor of the bill, Rep. Devan Seabaugh of Marietta, spoke to Fox 5 Atlanta about the Squatter Reform Act and how it will help cases get to trial faster.

“What we’ve done with this bill is make it go to district court, a trial without a jury, to expedite that,” Seabaugh said in March 2024.

Self-help eviction methods to remove squatters could lead to legal problems for homeowners

“If they present a rental agreement, they have three days to present it to the court. The court has seven days to decide whether it is a good lease or a fake lease,” he told the outlet.

Georgia has seen an increase in squatter cases brought to court in recent years, according to a report from the Pacific Legal Foundation, which reported an upward trend in squatter cases starting in 2019.

Kyle Sweetland, research manager at the Pacific Legal Foundation, previously told Fox News Digital that he used Georgia’s “centralized records system” to collect data.

“In Georgia, there are certain statutes that relate to squatting, and I was actually able to check and determine that these cases are indeed squatters,” Sweetland previously told Fox News Digital.

“I think that’s a very rough estimate, but it’s an accurate estimate of what type of cases are being filed involving squatters in these states on a broader level,” Sweetland said of the data, which comes from March 25 Georgia has 159 counties.

California squatter laws allow potential tenancy rights after 30 days in a property

Other laws associated with squatter cases are adverse possession laws. Just as each state has its own laws regarding occupation situations, each state has its own requirements that must be met in order for adverse possession to be considered.

Adverse possession occurs when a person takes possession of another person’s property when certain conditions are met.

According to FindLaw.com, Georgia’s adverse possession laws require a person to occupy a property for 20 years before they can potentially claim it. If the title color is in the person’s possession, this period is reduced to seven years.

The state’s contrary possession laws are set forth in Code Section 44-5-161 and include, but are not limited to, requirements such as that a person’s possession must be “public, permanent, exclusive, uninterrupted and peaceable” “attached to a legal title.” .”

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Adverse possession is often used interchangeably with “squatters’ rights.”