Georgia Squatter's Rights Guide: 2025 Laws, HB 1017, and Property Protection

A squatter is someone who occupies a property without the owner's permission and sometimes even claims legal ownership. In Georgia, this issue has gained significant attention with the implementation of House Bill 1017 (Georgia Squatter Reform Act) in 2024, which substantially changed how unauthorized property occupation is handled in the state.

For property owners, understanding Georgia's squatter rights laws is crucial to protect your investment and prevent potential loss of property through adverse possession claims—especially in the Atlanta metro area, where approximately 1,200 homes have reportedly been taken over by squatters according to the National Rental Home Council.

🤯 SHOCKING FACT: In October 2023, squatters in Atlanta's South Fulton area not only occupied a vacant 4,000-square-foot home but transformed it into an illegal strip club—complete with weekend parties and, incredibly, live horses brought to the property as part of their entertainment business. The situation became so extreme that a SWAT team had to intervene to reclaim the property.

Key Takeaways

• Georgia requires squatters to occupy property continuously for 20 years without color of title or 7 years with color of title before they can file an adverse possession claim
• The new HB 1017 law (effective 2024) creates the misdemeanor offense of "unlawful squatting" and allows for expedited removal of squatters
• Squatters must satisfy five specific requirements (hostile, actual, open, exclusive, and continuous possession) for the entire statutory period
• Georgia now imposes criminal penalties for squatting, with potential fines up to $1,000 and jail time up to 12 months
• Regular property inspections and security measures are the best prevention against squatters
• Georgia's approach has become significantly more favorable to property owners than many other states

While Georgia law states that an individual may attempt to gain title and ownership of a property through adverse possession after residing there for extended periods, this process is significantly impacted by House Bill 1017. If a squatter's entry onto the property was unlawful, the new law allows property owners to request expedited removal by law enforcement, potentially preventing the squatter from meeting the continuous residence requirement. Even if a squatter remains on the property for the required statutory period, they must also meet strict requirements, including open and notorious possession, exclusive control, and in some cases, having "color of title," before they can initiate a legal claim for adverse possession.

Understanding Georgia Squatter Rights in 2025

In Georgia, squatting itself is not legal, though squatters have historically had certain rights through the doctrine of adverse possession. This legal principle allows individuals who occupy abandoned or neglected property without permission to potentially gain legal ownership after meeting specific conditions over a designated period.

It's important to understand the distinction between squatting and trespassing. While trespassing is a criminal offense that involves entering property without permission, squatting typically involves a person living on a property for an extended period without authorization. The distinction becomes important in how law enforcement can respond to each situation.

With the implementation of HB 1017, Georgia has shifted from treating squatting as a purely civil matter to one with potential criminal implications, substantially strengthening property owners' rights.

Georgia Adverse Possession Requirements

For a squatter to claim legal ownership through adverse possession in Georgia, they must satisfy several stringent requirements known as the "OCEAN" framework:

Open and Notorious The occupation must be visible and obvious to anyone, including the rightful owner. This prevents hidden or secretive occupation from qualifying for adverse possession. The squatter must live openly as if they were the rightful owner.

Continuous The squatter must occupy the property continuously for either 20 years (without color of title) or 7 years (with color of title) without interruption. Any temporary abandonment resets the clock on the adverse possession claim. These timeframes are significantly longer than many other states require.

Exclusive The possession must be exclusive, meaning the squatter cannot share the property with others, including the rightful owner. The squatter must have sole control over the property.

Actual The squatter must physically occupy the property and treat it as their own. This includes maintaining the property, making improvements, or otherwise demonstrating actual possession. Simply claiming the property without physical occupation is insufficient.

Hostile In legal terms, "hostile" does not imply aggression but rather indicates that the occupation is without the owner's permission and against their rights. This can include situations where the squatter honestly believes they have a right to the property due to a misunderstanding or error.

Beyond these five fundamental requirements, Georgia law imposes additional considerations:

• While not explicitly required by Georgia law, paying property taxes may strengthen a squatter's adverse possession claim
• "Color of title" refers to having ownership documentation that appears legitimate but contains legal defects
• The reduced 7-year timeframe only applies if the squatter possesses color of title

Georgia's HB 1017: The Game-Changing Squatter Law

In April 2024, Georgia enacted House Bill 1017 (Georgia Squatter Reform Act), representing the most significant change to Georgia's squatting laws in recent history. This legislation fundamentally transformed how unauthorized property occupation is addressed in the state.

Key Provisions of HB 1017:

Creation of "Unlawful Squatting" as a Misdemeanor Offense

• Allows law enforcement to issue citations to suspected squatters
• Accused squatters have three business days to vacate or produce proper documentation
• Failure to comply can result in arrest, fines up to $1,000, jail time up to 12 months, or both

Expedited Court Hearings

• If documentation is produced, a court hearing must be scheduled within seven days
• Courts will evaluate the legitimacy of any documentation presented by the squatter

Property Owner Protections

• Streamlined process for removing unauthorized occupants
• Property owners no longer must rely solely on lengthy civil proceedings
• Clear criminal penalties serve as deterrents against squatting activities

This legislation represents a decisive response to increasing concerns about squatting incidents throughout Georgia. While maintaining the legal concept of adverse possession, the law creates clear pathways for property owners to remove unauthorized occupants without enduring prolonged civil proceedings.

How Georgia's Approach Differs From Other States

Georgia's approach to squatter rights has evolved to become one of the more property-owner friendly in the nation, particularly after the passage of HB 1017. Here's how Georgia compares to other states:

Adverse Possession Timeframes

Enforcement Approaches

Unlike most states that still treat squatting primarily as a civil matter requiring court proceedings, Georgia's HB 1017 creates a direct pathway for law enforcement involvement (similar to Florida's HB 621 and the new Texas squatters rights laws). This represents a significant shift toward treating unauthorized occupation as a potential criminal matter rather than solely a property dispute.

States like California and New York still typically require property owners to go through lengthy eviction processes even for clear cases of squatting. In contrast, Georgia now enables law enforcement to issue citations and potentially arrest squatters who cannot provide legitimate documentation of their right to occupy the property.

Criminal vs. Civil Treatment

Georgia has taken the bold step of establishing clear criminal penalties for squatting activities, with charges ranging from misdemeanors to potential felonies depending on the circumstances. Most other states still primarily address squatting through civil remedies, with criminal charges typically limited to associated activities like breaking and entering or property damage.

Legislative Trends

Following Florida and Texas's lead, Georgia's adoption of HB 1017 appears to be part of a national trend toward strengthening property owners' rights against squatters. Other states are considering similar legislation to streamline the removal of unauthorized occupants and establish stronger criminal penalties.

The differences highlight Georgia's commitment to protecting property rights through a multi-faceted approach that combines traditional adverse possession doctrine with enhanced enforcement mechanisms and criminal deterrents.

How to Prevent Squatters in Georgia Properties

Prevention remains the most effective strategy for property owners. Here are key preventive measures to protect your property from squatters:

Regular Property Inspections

• Visit vacant properties regularly or hire a property management company to conduct routine inspections
• Document the condition of the property with dated photographs
• Maintain landscaping and exterior appearance to show active ownership

Security Systems and Monitoring

• Install visible security cameras and alarm systems
• Consider smart home security that provides remote monitoring capabilities
• Use motion-activated lighting around the property perimeter
• Install sturdy locks, security doors, and window reinforcements

Property Maintenance

• Keep utilities active but on minimum service levels for vacant properties
• Maintain landscaping and exterior appearance
• Collect mail regularly or have it forwarded
• Schedule timed interior lighting to create the appearance of occupation

Documentation and Signage

• Post "No Trespassing" signs prominently on the property
• Maintain comprehensive documentation of ownership
• Consider filing a "Declaration of Use" with your county property appraiser
• Maintain records of all property taxes paid and improvements made

Community Involvement

• Inform neighbors about vacant properties and ask them to report suspicious activity
• Join neighborhood watch programs
• Consider hiring a house-sitting service for extended absences

Professional Management

• Retain a property management company for vacant properties
• Consider short-term rentals if appropriate for your property
• Ensure quick tenant placement to minimize vacancy periods

These preventive measures not only deter potential squatters but also help establish a clear record of active ownership that can prove invaluable if adverse possession claims arise.

Legal Process for Removing Squatters in Georgia

If prevention fails and you discover squatters occupying your property, Georgia now provides several options for removal:

Under the New HB 1017 Process:

1. Document Ownership: Gather proof of property ownership such as deed, property tax records, mortgage statements, or other official documentation.
2. Contact Law Enforcement: Report the squatters to local law enforcement with evidence of your ownership.
3. Law Enforcement Citation: Police can issue a citation to suspected squatters, giving them three business days to vacate or produce documentation.
4. Court Hearing (if needed): If squatters produce documentation, a court hearing must be scheduled within seven days to evaluate its legitimacy.
5. Removal or Arrest: If squatters fail to provide documentation or the court finds in your favor, they can be arrested and/or removed from the property.
6. Secure the Property: Once squatters are removed, immediately secure the property to prevent reoccupation.

The "Affidavit of Intruder" Process:

1. File an Affidavit: Submit a sworn "Affidavit of Intruder" with the county sheriff's office.
2. Law Enforcement Notification: The sheriff will serve notice to the squatters.
3. 24-Hour Notice: Squatters have 24 hours to vacate the property.
4. Physical Removal: If they fail to vacate, the sheriff can physically remove them.

Traditional Eviction Process (if other methods don't apply):

1. Serve an Eviction Notice: Provide a written notice to vacate.
2. File an Unlawful Detainer Lawsuit: If they don't leave, file a lawsuit with the county court.
3. Attend Court Proceedings: Present your case to the judge.
4. Obtain a Writ of Possession: If successful, the court will issue this document.
5. Sheriff's Execution: The sheriff will post the writ and return to remove the occupants if they don't leave voluntarily.

The new HB 1017 process significantly reduces the time and cost associated with removing unauthorized occupants in qualifying cases, providing substantial benefits to Georgia property owners.

Landlord Rights and Responsibilities

As a property owner in Georgia, you have specific rights and responsibilities regarding squatters:

Rights:

• Request immediate removal of unauthorized occupants under HB 1017
• Pursue "Affidavit of Intruder" process for expedited removal
• Pursue traditional eviction procedures if expedited removal isn't applicable
• Seek damages for property destruction or unauthorized modifications
• File trespassing charges in appropriate circumstances
• Maintain and protect your property from unauthorized entry

Responsibilities:

• Follow legal procedures for removal rather than attempting "self-help" evictions
• Distinguish between squatters and legitimate tenants with legal disputes
• Properly document ownership and unauthorized occupation
• Pay appropriate fees for sheriff's services when utilizing removal procedures
• Secure property after removal to prevent reoccupation

Understanding these rights and responsibilities helps ensure that you address squatter situations legally and effectively while avoiding potential liability for improper removal procedures.

Tenant vs. Squatter: Legal Distinctions

It's crucial to understand the legal difference between a tenant and a squatter, as the removal processes differ significantly:

Tenants:

• Have lawful permission to occupy the property through a formal or informal agreement
• Pay rent (though may be behind on payments)
• Have established rights under Georgia landlord-tenant laws
• Must be removed through formal eviction proceedings, not the HB 1017 process
• Include former tenants whose leases have expired but continue to occupy the property

Squatters:

• Never had lawful permission to occupy the property
• Entered the property without authorization
• Pay no rent and have no rental agreement
• Can potentially be removed through the expedited HB 1017 process
• Have no legitimate claim to tenancy rights

Key Distinctions in Documentation:

• Tenants have lease agreements, rent receipts, or evidence of payment
• Squatters typically cannot produce legitimate documentation of occupancy rights
• Squatters may present fraudulent lease agreements to law enforcement
• Property owners should maintain records that clearly establish who is authorized to occupy their properties

A major challenge in Georgia has been sophisticated squatters who present fake lease agreements to police, converting what should be criminal trespassing into a civil dispute. HB 1017 addresses this by allowing courts to quickly evaluate the legitimacy of such documentation.

Legal Help for Georgia Property Owners

Navigating squatter situations may require professional legal assistance. Here are resources for Georgia property owners:

Types of Legal Professionals:

• Real Estate Attorneys: Specialize in property law and can guide you through removal processes
• Property Management Companies: Often have legal departments experienced in handling unauthorized occupants
• Eviction Services: Specialized companies that manage the eviction process for a fee

Cost Expectations:

• Legal consultation: $200-500 per hour
• Unlawful detainer filing: $300-500 plus court costs
• Complete eviction services: $1,000-2,500 depending on complexity
• Sheriff's fees for enforcement: Varies by county

Timeline Considerations:

• HB 1017 process: Potentially as quick as 3-10 days after verification
• "Affidavit of Intruder" process: 1-3 days if squatters don't contest
• Traditional eviction: 3-6 weeks depending on court scheduling and tenant response
• Adverse possession defense: Several months if litigation is required

Resources and Referrals:

• Georgia Bar Association Referral Service
• County Property Appraiser's Office
• Local Sheriff's Office
• County Magistrate Court

Consulting with a qualified attorney early in the process can help prevent costly mistakes and ensure you follow the proper legal procedures for your specific situation.

Case Studies: Georgia Squatter Situations Resolved

Case 1: The DeKalb County Homecoming Horror Situation: A DeKalb County man returned home after caring for his sick wife to discover squatters had moved in and changed all the locks to his property. When he called police, he was told they couldn't help because the squatters produced a fake lease, making it a civil matter.

Resolution: The homeowner filed an "Affidavit of Intruder" with the local sheriff's office. While previously this might have taken 60-90 days to process, under the new HB 1017 provisions, the sheriff was able to issue citations to the squatters, who were unable to produce legitimate documentation. They were removed within a week.

Lesson: Document your ownership thoroughly and act quickly when unauthorized occupants are discovered. The new law significantly reduced what could have been a months-long process.

Case 2: The Tucker Property Sale Nightmare Situation: A Tucker homeowner found his property for sale occupied by squatters who had changed the locks and moved in furniture. Disturbingly, one of the squatters was discovered to be a convicted criminal. When police were called, they initially could not remove the squatters, who demanded payment to leave.

Resolution: Using HB 1017's provisions, the homeowner was able to have the squatters cited by law enforcement. When they failed to produce legitimate documentation within the three-day window, they were subject to arrest, which prompted them to vacate the property rather than face criminal charges.

Lesson: The criminal provisions of HB 1017 create strong incentives for squatters to vacate rather than face potential jail time and fines.

Case 3: The Atlanta Strip Club House Situation: A 4,000-square-foot vacant home in South Fulton was taken over by squatters who transformed it into an illegal strip club, complete with weekend parties, disrupting the entire neighborhood. They even brought live horses to the property and organized street car races.

Resolution: Due to the severe nature of the case and additional criminal activities taking place on the property, law enforcement was eventually able to obtain warrants and conduct a SWAT operation to reclaim the property. The case helped highlight the need for stronger squatter laws, contributing to the momentum for HB 1017's passage.

Lesson: Extreme cases of squatting often involve additional criminal activity that can provide authorities with grounds for intervention. The new law helps address squatting before it escalates to such extreme situations.

These cases illustrate how Georgia's new approach to squatter removal has provided property owners with more efficient remedies while still maintaining legal processes that protect legitimate tenants.

Frequently Asked Questions

General Squatter Rights Questions

Q: What are squatter's rights in Georgia? A: Squatter's rights refer to adverse possession laws that potentially allow someone to claim ownership of property after occupying it openly, continuously, and without permission for either 20 years (without color of title) or 7 years (with color of title) while meeting specific legal requirements.

Q: Is squatting illegal in Georgia? A: Yes, unauthorized occupation of property is illegal in Georgia. The new HB 1017 law establishes clear criminal penalties for squatting activities, classifying it as a misdemeanor offense.

Q: How long does someone have to squat on property in Georgia to claim ownership? A: In Georgia, a squatter must continuously occupy a property for 20 years without color of title or 7 years with color of title before they can file an adverse possession claim. They must also meet several other requirements.

Q: Do squatters have to pay property taxes in Georgia? A: While not explicitly required by Georgia law, paying property taxes may strengthen a squatter's adverse possession claim. Unlike some states, tax payments are not mandatory but are considered supportive evidence.

Prevention and Removal

Q: How can I prevent squatters from occupying my property? A: Regular property inspections, security systems, property maintenance, "No Trespassing" signs, and professional property management are effective prevention strategies.

Q: How do I remove squatters from my property in Georgia? A: Under HB 1017, property owners can contact law enforcement to have squatters cited. Alternatively, you can file an "Affidavit of Intruder" with the local sheriff or pursue traditional eviction procedures if these expedited methods don't apply.

Q: Can I physically remove squatters myself? A: No. Self-help evictions are illegal in Georgia. Property owners must use legal processes to remove unauthorized occupants.

Q: Can I turn off utilities to force squatters to leave? A: No. Turning off utilities is considered a self-help eviction tactic and is illegal in Georgia. This could potentially expose you to legal liability.

Legal Implications

Q: What is the new law in Georgia about squatters (HB 1017)? A: HB 1017, the Georgia Squatter Reform Act, creates the misdemeanor offense of "unlawful squatting," allows law enforcement to issue citations to suspected squatters, and establishes an expedited process for removal.

Q: How does Georgia's approach to squatters differ from other states? A: Georgia's 20-year requirement without color of title is longer than many states, providing stronger property owner protection. The new HB 1017 also establishes criminal penalties and expedited removal processes that many states lack.

Q: What's the difference between a squatter and a trespasser? A: Trespassing is a temporary unauthorized entry, while squatting involves sustained occupation of a property. Trespassing is immediately addressed as a criminal matter, while squatting has historically been treated as a civil issue (though this is changing under HB 1017).

Q: Can squatters be charged with a crime in Georgia? A: Yes. Under HB 1017, squatters can face misdemeanor charges for unlawful squatting, punishable by fines up to $1,000, jail time up to 12 months, or both.

Special Situations

Q: What if the squatter was previously a tenant? A: If the occupant was previously a legitimate tenant, they must be removed through traditional eviction procedures rather than the expedited HB 1017 process.

Q: What if I'm buying a property with squatters already living there? A: The purchase should be contingent on the removal of unauthorized occupants. The current owner should complete the removal process before closing, or you should consult with an attorney about assuming this responsibility.

Q: What if squatters damage my property? A: Document all damage with photographs and detailed descriptions. You may pursue civil remedies for financial compensation in addition to criminal charges if the damage exceeds certain thresholds.

Q: What properties are most likely to attract squatters? A: Vacant, abandoned, or foreclosed properties are most vulnerable, particularly those that appear unmonitored or neglected. Vacation homes and investment properties that sit empty for extended periods are also at higher risk.

Conclusion

Georgia's approach to squatter's rights has evolved significantly, with House Bill 1017 representing a transformation that strengthens property owners' rights while maintaining the historical legal doctrine of adverse possession under strictly defined circumstances.

The required timeframes for adverse possession claims remain in place (20 years without color of title, 7 years with color of title), but the new criminal penalties and expedited removal processes make successful adverse possession significantly more challenging to achieve. Property owners now have greater certainty and more efficient remedies against unauthorized occupation.

For property owners, the keys to protecting your investment include:

• Regular monitoring and maintenance of properties
• Prompt action if unauthorized occupants are discovered
• Following legal procedures rather than self-help eviction measures
• Maintaining comprehensive documentation of ownership and property conditions
• Considering professional property management for vacant properties

By understanding Georgia's squatter rights laws and taking preventive measures, property owners can significantly reduce their risk of unauthorized occupation and potential adverse possession claims.

Resources and References

• Georgia Code § 44-5-163 & § 44-5-164: Adverse Possession Statutes
• House Bill 1017 (2024): Georgia Squatter Reform Act
• Georgia Bar Association: Property Rights Resources
• County Property Appraiser's Offices: Adverse Possession Filings
• Local Sheriff's Offices: HB 1017 Enforcement Procedures

Disclaimer: This article provides general information and does not constitute legal advice. Consult with a qualified attorney for guidance on your specific situation.