Squatters Rights in Georgia & Adverse Possession Laws (2024)

If you own a property in Georgia, you need to understand Georgia squatters rights. Squatting can happen to anyone, and understanding what to do in this situation will alleviate the frustration of not knowing where to turn.

Let’s get into the specifics of Georgia squatters laws and what can be done if you find yourself with an unauthorized person on your property.

Key Takeaways

• Squatters are neither tenants nor trespassers. Landlords must notify the authorities of squatters, who will then begin the process of removing them. Self-eviction (trying to evict someone yourself) is illegal in Georgia.

• Squatters can make a property ownership (adverse possession) claim after living in the property for 20 years without breaks or just seven years with a color of title. Additional conditions must also exist.
• Knowing squatter rights for landlords and tenants in Georgia is important to protect your property ownership rights and safeguard your home from people who are there without your permission.
• TurboTenant is an excellent resource for managing squatters. We partnered with EZ Evict USA, a vetted company that can handle the eviction process so you don’t have to. TurboTenant also carefully screens tenants (financial history, credit check, background check for tenants, etc.) to keep the units occupied and prevent squatters in the first place.

Squatter Rights vs. Adverse Possession in Georgia

Let’s dig into what these legal terms mean so you know how they apply to squatter situations.

• Squatting is illegal in Georgia. Georgia squatter laws clearly state the consequences of unlawful squatting (more on this below). However, if the squatter has documents indicating ownership, due process must be followed.
• Adverse possession is when a squatter claims ownership of a property. They may have a claim to ownership if they’ve lived on a property exclusively for seven years and possess a color of title, among other criteria. If they don’t have a color of title, which is a document alleging ownership, they must live there for at least 20 years.

Squatter vs. Trespasser

Trespassing occurs when someone enters a property illegally without staying there continuously. Squatting, on the other hand, is when an individual moves onto a property and claims it as their own.

Note that trespassing and squatting can result in charges and jail time in Georgia. As a landlord, you should know the differences so that you know the steps for removal.

Georgia Squatter Laws

The state has made great efforts to make it harder for people to move into a property without the owner’s permission. In April 2024, Governor Brian Kemp signed a Georgia squatter bill, putting the Georgia Squatter Reform Act into effect.

This Act defines “unlawful squatting” and shows that if anyone resides on a property in this context, they will get a ticket, which requires them to provide proof (a Georgia lease agreement, Georgia rental application, payment history, etc. can substantiate their claims) as to why they can remain on the property. They have three days to do so.

If the individual fails to provide this evidence within three days, Georgia law states there are grounds for arrest and other penalties, including misdemeanor charges.

In addition to the squatting laws previously stated, if an eviction is necessary, Georgia requires landlords to provide notice to evict squatters. You cannot attempt to remove squatters from a property in Georgia – even if you are the legal owner.

Ultimately, it is necessary to know the Georgia squatters rights and squatter removal process to know what to do if you find someone residing on your property. Tenants might also find the laws useful to know so they understand their rights. Even if a tenant stays past the term outlined in their lease, they would not be classified as squatters — they’d be considered holdover tenants.

How to Evict Squatters in Georgia

The Georgia Squatter Reform Act benefits landlords by speeding up the process of removing squatters from properties.

With new tools provided in the act, landlords should inform the authorities immediately about a squatting incident. They will give the squatter a citation, providing a mere three-day period for the squatter to show evidence of adverse possession. Otherwise, the squatter will open themselves up to fines and jail time.

If the squatter provides documentation, the landlord will then have to proceed with eviction. If it comes out later that the documents were forged, the squatter could be charged federally.

Let’s get back to evictions: The first step is an eviction notice. This notice should outline how long they have to move out (a one-day minimum) and provide a brief description that provides grounds for moving (cause).

Keep in mind that Georgia doesn’t specify the exact number of days required for eviction notices.

If the squatter doesn’t leave until after the date mentioned in the notice, you can file a lawsuit with the court. The squatter will have a chance to claim adverse possession. However, if they do not do this in the given time frame or have insufficient evidence supporting their claim, the authorities will physically remove them from the property.

Legal Help for Landlords in Georgia

• Learn more about Georgia landlord-tenant laws and get access to resources and legal services for landlords
• Visit the State Bar of Georgia website to find a legal advisor who can assist with your specific needs

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

How Squatters Can Legally Claim Property in Georgia

To claim ownership in Georgia, a squatter must live on a property for 20 years. The timeline is shortened to seven years if they have a color of title.

Squatters must meet the following conditions on top of the yearly requirement and color of title possession to be eligible for adverse possession:

• Hostile: The squatter knows they should not be there and are occupying the property against the will of the rightful owner
• Open and Notorious: They do not conceal the fact that they live there
• Exclusive: It’s only them on the property
• Continuous: They haven’t moved away – even for brief periods
• Actual: They are physically present on the property

Landlord Rights and Responsibilities

• Landlords cannot physically remove a squatter
• Landlords must follow the rules set by the Georgia Squatter Reform Act to remove squatters
• Landlords should read up on Georgia squatter laws to ensure all the proper steps are taken

Tenant Rights and Responsibilities

• Tenants with a lease are not squatters
• Tenants should promptly tell the landlord if it looks like there might be squatters on the property
• Tenants should not try to remove a squatter; the authorities can help

Preventing Squatter Situations

There are many things you can do to avoid squatters in Georgia. Here’s how:

• Install an alarm system: Nothing keeps squatters away like an alarm system. Opt for a professionally managed alarm system with video recording capabilities to keep tabs on your property while you’re away. If anyone enters your property without your permission, the system can also provide evidence of trespassers and squatters.
• Get help to maintain the premises: Maintaining the outside area is one of the best ways to make your home appear occupied. You could do the landscaping yourself or save time by hiring a professional. That will keep the yard looking up to par and show that someone is looking after the property, which can deter unwanted guests.
• Lock potential entrances: Even though it might be tempting to leave a door or window unlocked in case you have an emergency and need to access the home, the result is easy access to the home. Also, make sure to get the locks changed whenever you acquire a new tenant, and keep the windows locked to prevent unwanted entry.
• Keep tenants in the home: TurboTenant makes it easy to find quality tenants for your property quickly. We offer digital applications with detailed tenant screenings and automatically display property listings on multiple sites to help your property get found by the right tenants. The faster you can get a new tenant, the better.

How TurboTenant Can Help

When you have a squatter situation, you need all the support you can get. That’s where TurboTenant comes in. We provide highly-rated property management software that conducts thorough tenant background checks, so you have only the best tenants in your home, which is a great way to keep your property squatter-free.

TurboTenant also partnered with EZ Evict USA, which takes charge of the eviction process on your behalf, so it’s one less thing you have to worry about. In short, our partnership ensures a thorough understanding of Georgia eviction laws. Whether you need eviction help or a property management solution to help you attract quality tenants for your property, TurboTenant is here for you.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

Georgia Squatters Rights FAQs