Property owners are caught off guard from coast-to-coast with the surge in squatter activity over the last few years and one of the nation’s main hotbeds is right here in Metro Atlanta.
Last year we tackled how squatters were increasingly taking possession of homes in Georgia and why the traditional dispossessory process used in landlord/tenant matters was inadequate to remove a squatter. While our article demonstrated how property owners could use O.C.G.A. § 44-11-30 to help circumvent tactics squatters commonly deploy, it was clear lawmakers had to step in with tougher measures to close loopholes, speed up the squatter removal process, and return the upper hand to property owners. For a more detailed breakdown of how squatters operate, read the prior post here.
This past April, the Georgia Legislature passed HB 1017, better known as the Georgia Squatter Reform Act. The bill was quickly signed into law by Gov. Brian Kemp after receiving broad bipartisan support in both chambers. So what are the key points in the new law? And how will it help property owners?
First, the new law amends Georgia’s criminal trespass code by creating the misdemeanor offense of unlawful squatting. Police and other law enforcement officers are now authorized to issue citations to suspected squatters. Once the citation is served, the accused has three business days to vacate the property or show properly executed documentation (signed lease, proof of rental payments, etc.) authorizing their presence on the premises. Squatters failing to produce documentation after the three-day period are subject to arrest for unlawful squatting and could face a $1,000 fine, up to 12 months in jail, or both.
If the accused squatter does produce documentation showing they are authorized to be on the property, then a court hearing will be set within seven days to evaluate the documentation. If the court finds in favor of the property owner, then a writ of possession will be issued allowing for the removal of the squatter from the property and the squatter will be subject to arrest and the imposition of fines and jail time.
Second, the new law amends Georgia’s existing squatter removal statute, O.C.G.A. § 44-11-30. The amendments allow police, marshals, and other law enforcement officials to serve owner’s affidavits and remove squatters under the law in addition to county sheriffs. Notably, the new law allows squatters 3 days to provide a counter-affidavit asserting their right to be in property. Previously, if a squatter failed to provide a counter-affidavit to the sheriff serving an owner’s affidavit, then the sheriff would remove the squatter from the property immediately. Under the new law, the owner’s affidavit is exhibited to the squatter and the squatter is allowed three days to produce a counter-affidavit. If the squatter has not produced a counter-affidavit after three days, then the squatter can be removed from the property.
We have seen this new procedure yield some positive results. When sheriffs initially display an owner’s affidavit to a squatter, it often results in the squatter voluntarily leaving the property shortly thereafter, as the squatter recognizes that their time in the property is almost up and they do not want their possessions forcibly placed on the street. Overall, a squatter voluntarily leaving the property is a positive result, as the owner regains possession without having to go through the costly process of hiring an eviction company to remove the squatter’s possessions. Moreover, the sheriff’s office will not have to oversee the removal of the squatter and their possessions – a process which can take multiple hours. As a result of this increased efficiency, the backlog of squatter cases pending with some Atlanta-area sheriff’s offices appears to be decreasing.
However, some squatters have taken advantage of the new three-day rule and use the additional time to put together a counter-affidavit which they then provide to the sheriff. Producing a counter-affidavit gives the squatter more time to remain in the property until a trial is held in court to evaluate the squatter’s claim that they have a legal right to be in the property. Under the new law, a non-jury trial must be held within seven days in a local magistrate court. This is a key change from the old law, where property owners would have to wait significantly longer for a jury trial in State or Superior court.
At trial, if the magistrate judge rules in favor of the property owner, then a writ of possession shall be issued and the squatter will be removed. Owners may also be awarded damages against the squatter which include the property’s fair market value rent for the duration of the squatter’s occupancy. In our experience, most squatters do not want to present their falsified leases in court, and most that file counter-affidavits do not show up for trial – they are simply looking for a little more time before leaving. However, we have seen a few contested trials with squatters in magistrate court so far.
As with any new law, there is often a distinction between the language of the statute and how it is actually being enforced on the ground in real-time. Many police departments and sheriff’s offices are still getting up to speed on how the law works and what their assigned role means, resulting in a patchwork enforcement policy across the state and procedures that vary significantly from county to county. Moreover, early reports indicate many of the large metro Atlanta law enforcement agencies have yet to issue citations for unlawful squatting, and it remains to be seen if we will see widespread implementation of the criminal provisions of Georgia’s Squatter Reform Act.
In addition, local courts and their clerks and judges are also playing catch-up on the new mechanisms and procedures for the mandated trials prescribed by the law, which means how fast a case goes to trial may depend on the county where the property is located.
The ultimate effectiveness of the Georgia Squatter Reform Act remains to be seen and will depend on how Georgia’s law enforcement agencies and courts determine procedures and policies to implement the new law. In the meantime, states around the country which are also experiencing a surge of squatter issues are looking at Georgia’s new law to gauge its impact and effectiveness.
Our team possesses the experience and know-how you need to eject a squatter who has intruded on your property. To learn more on how we can help, click here.
