‘It is nothing short of insane:’ Bill to criminalize squatting signed by governor

(Credit: hikesterson)

Apr 25, 2024

ATLANTA — Today Gov. Brian Kemp signed legislation criminalizing squatting, the illegal practice of entering and residing on someone else’s property without their consent. 

The Georgia Squatter Reform Act makes squatting a misdemeanor criminal offense, punishable by up to a year in jail, a $1,000 fine, or both. It also speeds up the timeline to evict a squatter, giving landlords and law enforcement more tools to establish that someone is trespassing and to demand that they leave.

“It is nothing short of insane that there are some who are entering other people’s homes and claiming them as their own,” Kemp said in a post on X after signing the bill at the state Capitol.  “Thanks to our legislative partners, I was proud to sign HB 1017 — once again making it clear that illegal squatters are criminals, not residents.”

Over the past few years, squatting has become more prevalent in Georgia, with trespassers breaking into vacant homes, claiming tenancy and refusing to leave.

A 2023 survey of institutional investors in single-family rental homes who are members of the National Rental Home Council found there were 1,200 illegally-occupied homes in and around Atlanta. Realtors told State Affairs they’ve encountered squatters in homes for sale and rent in Gainesville, Valdosta and Albany. 

Until now, law enforcement in many jurisdictions treated the issue as a civil matter, telling property owners to file eviction actions in court, which could take months or even years to resolve. 

The new law directs local law enforcement to issue citations and arrest people accused of squatting if they don’t provide a valid lease or proof of payment within three days. If they do produce such documents, it moves eviction proceedings to magistrate courts, and requires cases to be heard within seven business days after filing. 

If the judge deems documents they present to be forged or fake, those accused of squatting could be charged with a felony. And judges can impose more fines based on the fair market value of rent that landlords lose.

On hand in the governor’s office for the signing was Rep. Devan Seabaugh, R-Marietta, the lead sponsor of the bill. 

“Currently in Georgia law, we’re giving squatters tenant rights,” Seabaugh previously told State Affairs. “And my bill would take that away. It basically says, ‘You’re an intruder, you’re a criminal, and we’re going to treat you like a criminal.’ ”

https://www.tiktok.com/@stateaffairsga/video/7360777443747171627?is_from_webapp=1&sender_device=pc&web_id=7362270263636936234

Read these related stories:

https://stateaffairs.com/georgia/justice-civil-rights/georgia-squatter-reform-act
https://stateaffairs.com/georgia/justice-civil-rights/how-to-prevent-squatters

Have questions or comments? Contact Jill Jordan Sieder on X @journalistajill or at [email protected]

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