Georgia Takes Action: HB1017 and HB1203 Combat Squatting and Tenant Delinquency, Providing Relief for Property Owners

May 6, 2024

One cannot go a week without learning about an innocent homeowner unable to access his or her property when an intruder, formally known as a squatter, has seized their property, removed appliances and/or damaged the premises. Often these illegal occupants threaten the rightful owners and real estate agents who seek to retake possession of their property.

Thankfully, HB1017 passed the Georgia House and the Senate and was signed by the Governor on April 24, 2024. The legislation creates the offense of unlawful squatting when someone enters and resides upon the premises without the rightful occupant's knowledge or consent. The law makes it faster and more efficient for property owners to remove illegal occupants. Similarly, HB 1203 was passed and will assist the timely removal of renters who have stopped paying monthly rent and/or refuse to leave the premises. The Governor signed this bill also on April 24 2024, with both bills taking effect upon his signature.

These crimes have been occurring throughout Georgia and the United States, in urban and rural areas, which affects expensive and affordable homes wherever a vacant property is found. It is estimated that several thousand homes have been taken over by squatters and an estimate of about 275 intruder affidavits were filed solely in DeKalb County within the first ten months of 2023.

The judicial system was not previously prepared or designed to manage ejectments [illegal occupancy] compared to evictions [delinquent or holdover tenants]. In regards to intruders, the law assumed the occupants have signed a lease or other legal permission to reside there. As a result, squatters have more rights to remain on the property than those who owned the property.

With the advent of COVID and the partial closure of our courts, dispossessory actions and attempts to remove squatters were not considered a high priority by most authorities which have left property owners without adequate recourse. Waiting months for sworn officers to examine the premises and tender an owner's affidavit, squatters could live on the property for years without fear of being removed. One judge woke up one morning to find a mobile television truck in front of her house and discovered an intruder had moved in across the street.

"For Sale" signs were removed as intruders simply took possession of the property. Deployed military personnel returned to discover that their homes had been ransacked and/or used for drug sales, sex crimes and other criminal activity. Property owners sometimes were confronted with a pistol to their face when they approached by the individuals residing in their home. These individuals were not renters as they were living there with no legal authority and have no financial obligation. Professional scammers operate social media sites advertising moving into a house for as little as $500 or $1000 knowing that the "renters" would be permitted to stay there for the foreseeable future until the judicial system could catch up.

Law enforcement officers have become increasingly frustrated as attempts to issue processes and schedule hearings were not timely administered. It got so bad that some property owners offered cash to these law breakers to encourage them to promptly leave the premises. We must add that a few law enforcement agencies and courts timely sought to resolve these "disputes," yet it was a small percentage of such agencies. One sheriff's office proudly stated that they were seeking to remove five intruders each week, normally a process that would enable criminal trespassers to live illegally on someone's property for years. Other sheriff's offices and deputized municipal officers offered to assist with the backlog.

Each time we had a hearing to consider HB1017 in the House Judiciary Committee, the Police Chief of the City of South Fulton was in attendance seeking to encourage passage of the bill. Many other law enforcement agencies were similarly seeking the legislation to pass.

The bill presents two avenues for prompt relief: 1) the issuance of a citation giving the occupant a short time to prove that they have the legal right to be there and 2) a quick process following receipt of a counteraffidavit to have a non-jury court hearing and access to prompt ejectment through the added use of off duty sworn officers.

When issued with a citation, the bill provides the occupant three business days to show a properly executed lease, rental agreement or proof of rental payments. If such evidence is proffered, a hearing shall be set within seven days. Failure to provide legal status for filing a false document authorize timely removal, arrest and additional fines based on the fair market monthly rental rate for illegally occupying the unit; along with a potential $1,000 fine and up to one year in jail or both. Submission of a fraudulent lease could also lead to the filing of a felony charge for filing a false document.

If a law enforcement official presents a property owner's affidavit, the occupier should be removed after three days unless the person in possession submits a counteraffidavit. A non-jury hearing would then be held in magistrate court. A non-meritorious defense will lead to a writ of possession and removal as soon as practical, along with the fair market value rent for the duration of the illegal occupancy along with any other monetary relief as determined by the Court.

A prompt and fair process now exists for property owners facing the nightmare of an illegal occupant on their premises or a renter who will not leave. The Legislature and the Governor acknowledged that a severe problem exists and have provided necessary relief to deal with these terrible situations. It is anticipated that other States will consider similar legislation to protect homeowners. Your Dentons team can assist you through the maze of the new laws and your best strategy to start easing the backlog of ejectments and evictions going forward.