Georgia has implemented stronger penalties for squatters through the Georgia Squatter Reform Act, signed by Gov. Brian Kemp in April 2024. The new law criminalizes squatting and speeds up the eviction process for homeowners dealing with squatters. Gov. Kemp expressed concern over bad actors exploiting the system and emphasized the need for legislation to protect property owners and hold squatters accountable for damages. The legislation aims to address the increasing cases of squatters taking over properties in Georgia and provide homeowners with a more efficient process for removing them.
Mental and physical ailments can develop among homeowners who are overtaken by squatters, according to experts. The governor described the situation as “insanity” and emphasized the importance of taking measures to prevent squatters from invading people’s homes. The signing of the Georgia Squatter Reform Act follows similar legislation signed by Gov. Ron DeSantis in Florida, highlighting the need for stronger laws to combat this issue. Rep. Devan Seabaugh, a sponsor of the bill, explained that the new law will expedite the court process for squatter cases by moving them to magistrate court for a non-jury trial.
Despite the urgency to remove squatters from their properties, homeowners should be cautious about resorting to self-help eviction methods. Removing squatters without following legal procedures could lead to potential legal trouble for homeowners. The Pacific Legal Foundation reported an increase in squatter cases in Georgia in recent years, prompting the need for legislation to address this issue. Kyle Sweetland, research manager for the foundation, highlighted the importance of using data from Georgia’s centralized record system to gain insights into the prevalence of squatter cases.
Squatter laws vary by state, with California allowing potential tenancy rights after 30 days in a property. Adverse possession laws, which enable individuals to claim ownership of property under specific circumstances, also play a role in squatting situations. Georgia’s adverse possession laws require individuals to occupy a property for 20 years to potentially claim ownership, or seven years if they have color of title. These laws, outlined in code section 44-5-161, specify requirements for possession, including being public, continuous, exclusive, uninterrupted, and peaceable, accompanied by a claim of right.
Squatter cases are a growing concern in Georgia, prompting lawmakers to take action through the Squatter Reform Act. By criminalizing squatting and expediting the eviction process, the new law aims to protect property owners and prevent squatters from causing harm or damage. The legislation mirrors efforts taken in other states, such as Florida, to address the increasing prevalence of squatters taking over properties. With adverse possession laws and squatter rights playing a role in these cases, it is essential for homeowners to be aware of their legal rights and responsibilities when dealing with squatters.
In conclusion, the implementation of the Georgia Squatter Reform Act is a step towards addressing the issue of squatters invading properties and causing distress to homeowners. By strengthening penalties for squatting and expediting the eviction process, the new law aims to provide a more efficient legal framework for resolving these cases. With adverse possession laws and other regulations governing squatter rights, it is vital for homeowners to understand the legal landscape surrounding this issue and take appropriate measures to protect their property from unauthorized occupants.
