Georgia's Squatter Reform Act: a three-day document test and a sheriff affidavit
Georgia's 2024 Squatter Reform Act (HB 1017) makes unlawful squatting a misdemeanor and gives owners an affidavit route through the sheriff. A person cited for squatting has three business days to show paperwork that authorizes their entry, such as a lease or proof of rent payments. Under the intruder statute, an officer can turn the person out once three days have passed after the owner's affidavit was shown, unless the occupant files a counteraffidavit.
What is "unlawful squatting" in Georgia?
Code Section 16-7-21.1, added by HB 1017, says a person commits unlawful squatting by entering the land or premises of another and residing there "for any period of time," knowingly acting without the knowledge or consent of the owner, rightful occupant or an authorized representative. "Resides" means to inhabit or live on or within the land or premises. It is a misdemeanor, punishable under Code Section 17-10-3.
What is the three-business-day document rule?
Anyone who commits or is accused of unlawful squatting receives a citation. They must present to the head of the issuing law enforcement agency, or a designee, within three business days "properly executed documentation that authorizes the person's entry." The statute says that may include a properly executed lease or rental agreement or proof of rental payments.
- No documents in three business days: the person is subject to arrest for unlawful squatting.
- Documents submitted: a hearing is set within seven days.
- Court finds the documents not properly executed or not meritorious: the person faces a demand for possession and removal under 44-11-32, arrest and penalties under Code Sections 16-9-1 and 16-9-2, and an additional fine based on the fair market monthly rental rate.
What does the owner file for removal?
Code Section 44-11-30 is the intruder process. The owner, agent or attorney in fact signs an affidavit before an officer authorized to administer oaths. It must say the owner claims in good faith the right of possession of the described land or tenement, that it is in the hands of another named person who does not in good faith claim a right to possess it, and that the person refuses to leave.
The sheriff, deputy, constable, marshal or another individual certified by the Georgia Peace Officer Standards and Training Council of the county where the property sits receives the affidavit. That officer shows it to the occupant at the earliest possible day and turns the occupant out once three days have elapsed from the day the affidavit was exhibited.
What happens if the occupant files a counteraffidavit?
The occupant can stop the three-day clock by giving the officer a counteraffidavit stating they claim, in good faith, a legal right to possession. Then the officer does not turn them out and leaves both parties where they are. Under 44-11-32 the officer returns both affidavits to the court clerk for trial. If the magistrate finds the occupant's affidavit not meritorious on a preponderance of the evidence, the officer turns the occupant out as soon as practicable under a writ of possession.
The court may award the owner the fair market rent for the length of the occupancy plus other monetary relief it finds appropriate. Under 44-11-33 the clerk issues a writ of possession and a fi. fa. for costs. An appeal goes directly to the Georgia appellate courts, not to a new trial in superior court.
How is this different from evicting a tenant?
The squatting offense turns on entry "without the knowledge or consent" of the owner. A tenant entered with consent, so the question in the three-day document test is whether the person can show a real lease or rent payments. If they can, the matter goes to a hearing in seven days and the court decides whether the paperwork is real. If the person is a tenant, a landlord-tenant process is the path, not a squatting citation. HB 1017 also gives the magistrate court authority over unlawful squatting trials and intruder proceedings.
What happens with a fake lease?
If the court finds an occupant's lease or other paperwork not properly executed or not meritorious, Code Section 16-7-21.1(a)(4) attaches arrest and the penalties in Code Sections 16-9-1 and 16-9-2, plus the extra fine based on fair market monthly rent. This post does not describe those two sections beyond the cross-reference, so read them before you tell anyone what a forged lease costs.
How DoorKeeping fits in Georgia
DoorKeeping keeps a unit's records in one place: the signed lease and who is on it, dated documents and photos, and your notes on who has keys. Your own signed leases are the quickest way to show an officer who is, and is not, on a lease for your unit. Anything that involves a legal step waits for your one-tap approval. This is general information, not legal advice. Check the current statute, your county's process and your own facts before you act.
Sources
Questions
- How long does a Georgia squatter have to show a lease?
- Three business days from receiving the citation, under Code Section 16-7-21.1(a)(2), to present documentation authorizing their entry to the head of the issuing agency or a designee.
- Is squatting a crime in Georgia?
- Yes. Unlawful squatting under 16-7-21.1 is a misdemeanor punishable under Code Section 17-10-3.
- What if the squatter files a counteraffidavit in Georgia?
- The officer does not remove them. Both affidavits go to the court clerk for trial, and a magistrate can order removal if the occupant's affidavit is found not meritorious.