Squatters’ rights and adverse possession in Georgia can cause real trouble for landlords. Picture someone moving into an Atlanta duplex without permission, then claiming the right to stay despite paying no rent. You’ll need to handle the situation quickly if you want to protect your property.
In this guide, we’re going over the most important info about squatters’ rights in Georgia, including required timelines, the eviction process, and tips for keeping out squatters in the future. Keep reading to learn what you should know.
What is a squatter?
A squatter is an unauthorized resident who moves into a vacant property without a lease agreement, often with the goal of claiming property ownership. For example, a stranger could slip into a vacant East Point duplex, make some repairs, and claim they have the right to stay.
That person qualifies as a squatter because they never held a lease, paid rent, or received the landlord’s permission to live there. Their actions create legal risk and require landlords to undertake formal eviction proceedings to resolve the situation.
Key Differences Between Squatters and Trespassers
It’s crucial to understand the difference between squatters and trespassers, as the two create very different problems. This guide from TenantCloud explains in further detail.
Squatters
- Occupy a property for a long stretch of time without the owner’s approval.
- Often try to establish rights to ownership or residency.
- Need a full eviction case for removal.
Trespassers
- Enter the property without permission, but typically leave soon after.
- Show no intent to live on the property or claim any lasting interest.
- Law enforcement can typically remove them on the spot.
Squatters settle in and attempt to gain ownership of a property, while trespassers come and go quickly. The key difference centers on intent, duration of the stay, and how the law treats each situation.
What are squatters’ rights?
Squatters’ rights in Georgia describe the limited legal protections someone gains after occupying property without the original owner’s permission for an extended period of time. These rights come from Georgia’s adverse possession laws, which intend to keep vacant property in active use.
Squatters’ rights in Georgia carry serious consequences because long, uninterrupted control of a property can eventually support an adverse possession claim. Georgia requires many years of occupancy, but waiting to remove a squatter can strengthen their position and slow your removal efforts.
Can a squatter actually claim legal rights to a property?
Believe it or not, squatters can actually secure legal rights to a property after years of unauthorized occupation. However, the process requires strong evidence and rarely succeeds. You should inspect vacant units often, secure every entry point, and keep clear records to prevent any claims of adverse possession.
Adverse Possession Laws in Georgia
Adverse possession in Georgia outlines the legal path by which someone can acquire ownership of a property after living on it for a specific time period and meeting strict requirements.
To claim ownership, the squatter’s residence must be:
Actual: The squatter must live on and use the property as an owner would. For example, they might move into a vacant Macon apartment, maintain it, and treat it as their primary residence.
Open and notorious: The squatter must occupy the property in clear view of neighbors or the owner; for example, by parking cars in the driveway or receiving mail.
Hostile: The squatter must hold the property without the owner’s permission, in a manner hostile to the owner’s rights.
Exclusive: The squatter must control the property alone and cannot share possession with the owner or other squatters.
Continuous: The squatter must stay on the property continuously for either 20 years without a color of title or 7 years with a color of title.
Peaceable: In addition to the typical adverse possession requirements, Georgia law requires that the squatter hold possession without ongoing fights or shows of force, occupying the home quietly without active disputes.
Supporting law: O.C.G.A. 44-5-161, O.C.G.A. 44-5-163
Occupancy Time Requirements for Adverse Possession
Adverse possession in Georgia requires a squatter to stay on the property continuously for 20 years without a color of title or 7 years with a good-faith color of title. Georgia law also requires uninterrupted, open, and exclusive control before anyone can claim ownership through adverse possession.
For instance, a squatter who moves into a vacant College Park rental but only stays for 6 months holds no legitimate claim for adverse possession, since they did not fulfill the occupancy time requirement.
Supporting law: O.C.G.A. 44-5-161, O.C.G.A. 44-5-163
Does the squatter need to have a color of title to claim adverse possession?
Color of title refers to a document that appears valid but is legally flawed. For instance, someone may hold a defective deed to a vacant Augusta rental, purchased from an unlicensed seller.
Georgia squatters do not need a color of title to claim adverse possession, but holding it shortens the required period to 7 years. Without the color of title, they must stay for 20 years without absences.
Supporting law: O.C.G.A. 44-5-161, O.C.G.A. 44-5-163
Does the squatter have to pay property taxes for adverse possession in Georgia?
Georgia does not require squatters to pay property taxes to claim adverse possession, and paying property taxes does not shorten the timeline for adverse possession in the Peach State. You can learn more about Georgia’s property taxes in this guide from TurboTenant.
Although property taxes typically won’t impact a squatter’s case for adverse possession, landlords should always stay current on tax payments. Unpaid tax balances can trigger liens, penalties, and further complicate any dispute involving long-term occupancy.
Supporting law: O.C.G.A. 44-5-161, O.C.G.A. 44-5-163
How to Legally Remove Squatters from Your Property
If you’re dealing with a squatter on your Georgia property, you’ll have to act fast and take the proper legal route to remove them. Here’s how:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe approaching the squatter, consider speaking with them directly to potentially avoid a long eviction case. Start by offering a clear move-out deadline, proposing a cash-for-keys agreement, or requesting written confirmation that the squatter will leave soon.
Important: Never attempt to remove a squatter yourself. Self-help eviction is illegal in all 50 states and can trigger fines or charges.
Step 2: Get in Touch With Local Law Enforcement
Ask local police to visit the property and speak with the squatter. Officers may determine that the person is a trespasser instead of a squatter. In this case, they can remove the individual immediately and return control of your Georgia rental to you.
Step 3: Serve the Squatter a Demand for Possession
If police cannot remove the squatter, you must handle the situation as you would with a tenant. Serve a Demand for Possession, which orders the occupant to leave immediately, provides a deadline (typically 3 days), and warns that you will file a case to evict the squatter next.
Step 4: File a Dispossessory Affidavit Against the Squatter
If the squatter ignores your deadline, file a Dispossessory Affidavit to begin the Georgia eviction process. You’ll need to submit the case to the Magistrate Court for the county where the property is located.
Step 5: Present Your Case in Front of a Judge
When your court date arrives, be sure to bring strong evidence of both your original ownership and the squatter’s unlawful residence to present to the judge. Common types of evidence include:
- Photos or videos showing the rental’s condition before and after the squatter’s entry
- Utility records proving no authorized services in the squatter’s name
- Witness statements from neighbors, property managers, or maintenance workers
- Police reports documenting earlier trespass or break-in calls
The squatter will also have time to present their own evidence, including any claims regarding the color of title, property tax payments, or other paperwork they believe supports long-term occupancy. Judges will review both sets of evidence before deciding whether the eviction can move forward.
Step 6: Obtain a Writ of Possession, Authorizing Removal of the Squatter
If the judge sides with you, they issue a Judgment for Possession that allows you to request a Writ of Possession. Georgia courts then issue the writ, which gives the county sheriff full legal authority to remove the squatter from your property.
Georgia law sets a 7-day window after judgment before the sheriff enforces the writ, unless the squatter files a valid appeal. The sheriff will serve or post the writ, record delivery, and set the date for removal. The squatter has the opportunity to file an appeal during this 7-day period.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With the Writ of Possession, the sheriff gains full legal authority to remove the squatter from your Georgia rental. The sheriff oversees the removal, and Georgia law lets you place abandoned belongings at or near the property line immediately.
Once the squatter is gone, secure your property immediately to keep them from returning. Replace your locks, repair any broken entry points, and monitor the rental to avoid further issues.
Now that you know how to legally remove squatters, let’s take a look at some practical tips to protect your property.
Tips for Preventing Squatters from Occupying Your Property
Since eviction can be such a headache, it’s better to stop squatters from moving in altogether. Here’s what we recommend:
Inspect the property regularly: Check your rentals often, especially empty units. Frequent walkthroughs help you catch broken locks, signs of forced entry, or early squatting behavior before it grows into something bigger.
Install security cameras: Place visible cameras at doors, driveways, and other entry points. Cameras deter unwanted visitors, capture evidence, and let you keep watch over your property even when you are not on site.
Act quickly against trespassers: Call the police as soon as you notice someone on your property without permission. Fast action prevents them from settling in and strengthens your position if a squatter attempts to claim any right to stay.
Secure all entry points: Reinforce your doors, upgrade locks, and board damaged windows. Strong entry points make it much harder for anyone to slip inside and claim an empty unit as their own.
Maintain the property: Keep the property clean and in functional condition. A well-maintained property looks occupied, which discourages squatters.
Fill vacancies quickly: Market any vacant rentals using digital property management platforms like TurboTenant. Long vacancies invite problems, so keep listings active and move qualified renters in as soon as possible.
Screen future tenants thoroughly: Use tenant screening tools to check a potential tenant’s identity, rental history, and background. Solid screening helps you avoid unreliable tenants who might become holdover tenants or invite in unauthorized occupants.
Taking these preventative steps will go a long way toward protecting your rental properties. However, there are other tools at your disposal as well.
Digital Tools to Help Landlords Thwart Squatters
With the right tools, you can handle squatters’ rights and adverse possession in Georgia confidently and prevent long-term claims from taking root on your property.
Feature-rich property management software can help you monitor vacancies, handle property repairs, and document activity so you can defend your rentals against squatters.
Take the next step and create your free TurboTenant account today so you can protect your rental investment and manage your property effortlessly.
FAQs: Squatters’ Rights & Adverse Possession Laws in Georgia
How long does it take a squatter to claim property rights in Georgia?
A squatter must stay on a Georgia property for 20 years without color of title or 7 years with good-faith color of title to argue adverse possession. They must also meet strict requirements, such as open, exclusive, hostile, and peaceable occupancy.
Can landlords remove squatters legally without taking legal action?
No, Georgia landlords cannot remove squatters without going through the legal eviction process. You must file a dispossessory affidavit in the county Magistrate’s Court, and only the sheriff, with a Writ of Possession, can physically remove a squatter once the judge awards possession.
What’s the difference between a squatter and a holdover tenant?
A squatter enters and stays on a property without permission or a lease, while a holdover tenant once legally rented a property, but stays on after their lease ends. Georgia treats holdovers as tenants at sufferance, so you must file for eviction if they refuse to leave.
Can a landlord turn off power or change locks to remove a squatter?
Georgia law prohibits landlords from shutting off utilities or changing locks to force a squatter out. Self-help evictions are illegal and can lead to fines or civil penalties. Only the sheriff can remove a squatter after the local court issues a Writ of Possession.