Georgia is one of the states that has strengthened the penalties for squatters, and made the process of evicting squatters a faster process for homeowners.
The Georgia Squatter Reform Act was signed by Governor Brian Kemp in April 2024. The law, in part, makes squatting a criminal offense and streamlines the eviction process for squatting cases.
“Unfortunately, bad actors have found a way to take advantage of this, exploit, really the process that goes through the local government. So we will pass a law that I will sign after this interview to stiffen the penalties, to look for these people, to also speed up the eviction process, but also, allows property owners to pursue these squatters for damages,” Kemp said on “Fox & Friends” while discussing the legislation.
Georgia strengthened its laws against squatters when Governor Brian Kemp signed the Georgia Squatter Reform Act in April 2024. (iStock)
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“It’s crazy, people just think they can come in and take over somebody’s house. I mean it’s just outrageous,” Kemp said.
The signing of the Georgia law comes shortly after Governor Ron DeSantis signed a similar law a month earlier in Florida.
“I’m sure it’s a lot the same, just using the legal powers that we have to push up the process,” said Kemp about how the Georgia bill was the Florida bill. “I mean, look, it’s crazy that it even happened, to begin with. But, then, when you can’t remove these people from your own property, as the owner of your own property, it’s a crazy world that we live in. Now I live and I know that Governor DeSantis won’t have that problem, and neither,” Kemp said.
The bill’s sponsor, Rep. Devan Seabaugh of Marietta, spoke with Fox 5 Atlanta about the Squatter Reform Act and how it will help cases go through the courts faster.
“What we’ve done with this bill is it’s going to a judge’s trial, a non-jury trial, to expedite it,” Seabaugh said in March 2024.
Georgia’s Squatter Reform Act, in part, helped expedite the trial of cases brought to court. (iStock)
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“If they give a lease, they have three days to give the lease to the court. The court has seven days to determine if it’s a good lease or a fake lease,” he told the outlet.
In the past few years, Georgia has seen an increase in squatter cases brought to court, according to a report from the Pacific Legal Foundation, which reported an upward trend in squatter cases since 2019.
Kyle Sweetland, research manager for the Pacific Legal Foundation, previously told Fox News Digital that they used Georgia’s “centralized records system” to collect the data.
“In Georgia, there’s a specific legal code related to squatting, where I can check and see if the case does, in fact, deal with squatters,” Sweetland told Fox News Digital.
Data is limited on squatter cases, although research conducted by the Pacific Legal Foundation has seen an increase in squatter-related court cases since 2019. (iStock)
“It’s a very rough estimate, I believe, but it’s an accurate estimate of any case filed that speaks to squatters in the state on a broader level,” Sweetland said of the data, which was pulled from 25 Georgia. 159 District.
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Another law that has been associated with squatter cases is the law of adverse possession. Just as each state has its own laws regarding squatting situations, each state has its own requirements that must be met in order for adverse possession to be considered.
Adverse possession occurs when an individual takes possession of property owned by another person when a certain set of conditions are met.
Adverse possession laws in Georgia require individuals to occupy a property for 20 years before potentially being able to sue, according to FindLaw.com. If the color of the title is in the possession of an individual, then this timeline is reduced to seven years.
The state’s adverse possession law is regulated in code section 44-5-161, and includes, but is not limited to, requirements such as the possession of a person “common, continuous, exclusive, undisturbed, and peaceful, plus, to be.” accompanied by a statement of rights.”
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Adverse possession has often been used synonymously with “squatters’ rights”.
