Squatting is a topic that provokes curiosity and concern among homeowners, landlords, and real estate professionals in Georgia. Headlines about squatters making themselves at home on private property, and the sometimes lengthy process to remove them, surface regularly. Understanding how and when a squatter can a squatter be evicted in Georgia is more important than ever. This guide will cover what defines a squatter, the exact process for lawful eviction, and the unique advantages property owners can secure by being proactive.
What Is Squatting and Why Does It Matter?
Squatting generally refers to someone occupying a property they do not own, rent, or otherwise have permission to use. This off-the-books possession can sometimes evolve into legal complexities if not quickly addressed. Squatters in Georgia can attempt to claim rights to a property through “adverse possession,” but this is a rare occurrence and only possible under specific conditions.
The benefit of understanding the legal framework around squatting helps property owners maintain control over their assets. Early education minimizes costly disputes, helps ensure faster resolutions, and even deters squatters from targeting a property in the first place.
Who Qualifies as a Squatter in Georgia?
Georgia law defines a squatter as someone who occupies an empty or abandoned property without lawful permission. Importantly, not all unauthorized occupants are squatters. Tenants who overstay after lease expiration, for example, are considered “holdover tenants” and follow a slightly different eviction route.
Knowing whether someone is truly a squatter in Georgia means a property owner can follow the correct legal channels, enhancing the likelihood of a swift eviction while avoiding legal missteps.
Legal Remedies for Property Owners
Georgia property owners have a robust set of legal tools to address squatting. Here’s how the process typically unfolds:
Immediate Action
Prompt identification and response is the greatest advantage. If a property is found to have an unauthorized occupant, documenting the situation and notifying local law enforcement right away can help. While police officers cannot always forcibly remove squatters without a court order, their involvement creates an official record.
Serving a Notice
The first formal step is typically serving an eviction notice. Georgia requires a written notice demanding the squatter vacate the premises. The property owner decides on an appropriate notice timeframe, but three to seven days’ notice is standard.
Once a notice is served, this becomes an official marker of the owner’s intent. The benefit is that squatters are put on record as unauthorized, solidifying the owner’s legal standing should the dispute escalate.
Filing for Eviction in Court
If the squatter does not leave after notice, the next step is filing an eviction lawsuit, known locally as a dispossessory action. The case is brought to the county court where the property is located. Upon review, the court can grant an order for eviction.
Court involvement brings all parties into a structured process, reducing the risk of personal confrontation or escalation. The benefit is that any future attempts by the squatter to claim residency become much more difficult, as the case and ruling are part of the public record.
Law Enforcement Removal
After the court has issued an eviction order, law enforcement officers are authorized to remove the squatter from the property. This step is critical, as it ensures the removal is peaceful and fully documented.
A law enforcement eviction shields property owners from allegations of unlawful eviction or harassment. It provides peace of mind and maintains legal integrity throughout the process.
