Industry Update
June 7, 2024

Full Bill Text:  Georgia HB 1017

On April 24, 2024, Georgia passed the Georgia Squatter Reform Act (HB 1017), which amends the state code relating to crimes and offenses, adding a new section to deal with squatters.  The law presents two avenues for prompt relief: the issuance of a citation giving the alleged squatters a short time to prove the legal right to be at the premises and a quick process following the receipt of a counter affidavit by owner to have a non-jury court hearing and access to prompt ejectment through the added use of law enforcement.

In summary, a person commits unlawful squatting when they enter upon the land or premises of another and reside on the land or premises for any period of time knowingly without the knowledge or consent of the owner or rightful occupant.  The term “resides” means to inhabit or live on or within any land or premises.  Any person accused of commitment unlawful squatting will receive a citation advising that the person must present to the issuing law enforcement agency, within three business days of the citation, property executed documentation (such as a properly executed lease or rental agreement or proof of rental payments) authorizing the person’s entry on the land or premises.  If the person cannot provide proper documentation, the person will be subject to arrest for unlawful squatting and, upon conviction, to the criminal penalties under the law.  If the person provides documentation that authorizes entry on to the land or premises, a hearing will be set within seven days of submission of the documentation and, if the court finds that the submitted documentation was not properly executed or is not meritorious, the person will be subject to removal, arrest and, upon conviction, the criminal penalties under the law, and shall be assessed an additional fine based on the fair market monthly rental rate of the land or premises.

Safeguard Properties has created the following list of ‘Best Practices’ to protect properties from instances of squatting.

1. Secure the Property
   1. Locks and Bolts: Ensure all doors and windows have robust locks.  Use heavy-duty deadbolts and padlocks.
   2. Steel Security Screens and Doors: These are highly durable and difficult to breach, preventing unauthorized access.
2. Regular Inspections
   1. Frequent Visits: Schedule regular inspections to heck the property’s condition and ensure no on has entered.
   2. Inspection Frequency Adjustment: In high target zip codes, schedule inspections at 14-day intervals instead of monthly.
3. Visible Security Measures
   1. Security Cameras: Install visible security cameras around the property.  Even non-functional dummy cameras can act as a deterrent.
   2. Alarm Systems: Set up alarm systems that can alert you or local authorities if someone tries to enter.
4. Maintain the Property
   1. Clean and Clear: Keep the property well-maintained, including mowing the lawn and clearing debris.  A well-kept property appears inhabited and deters squatters.
5. Legal Measures
   1. Proper Documentation: Ensure all paperwork and ownership documentation is up-to-date and easily accessible in case legal action is needed.
6. Technological Solutions
   1. Smart Locks and Security Systems: Modern smart locks and security systems can be controlled remotely, allowing for better management of the property’s security.
   2. Motion Sensor Lighting: Installing motion-activated lights can deter squatters by making it difficult to approach a property unnoticed.

For full report, please click the source link above.