Squatters in Georgia: How homeowners can get their property back

"Nothing good ever happens in an empty house!"

Those are some words of wisdom from FOX 5 real estate expert John Adams, based on his decades of experience as a Georgia landlord and property manager.

But what happens when somebody moves into your empty house, takes possession, and changes the locks? The answer may surprise you because you can’t just call the locksmith!

A squatter is a person who is illegally residing on a property that they do not own.  Let’s say you own a rental property, and when the most recent renter moved out, you hired a contractor to paint the interior. You put a "for rent" sign in the front yard, and the contractor goes deer hunting over the weekend.

The squatter sees the sign, finds that the house is vacant, and discovers the back door unlocked.  He visits the hardware store, changes out the door locks, and moves in, claiming to be the new renter.

If a squatter moves into your empty house and changes the locks, you can try to call the police and have them arrested for trespassing, but the local authorities usually won’t get involved just because you say the person is a squatter. Remember that the squatter is telling the same police that they have a legal right to be on the property.

Even if that is a bald-faced lie, the police are not in a position to hear both sides of the matter and make a judgment.  In Georgia, that duty falls to judges in the county where the property is located.

You also can't just change the locks or install new ones. That is called a "self-help" eviction and is illegal in Georgia.

If you turn off the utilities, that is also considered a self-help eviction, and landlords who perform self-help evictions can face fines, criminal charges, and even jail time.

The tenant may also be able to sue the landlord for damages, including the cost of finding a new place to live and any property that was damaged or destroyed during the eviction.

So if you encounter a squatter in Georgia, here's what Adams says you can do to get your property back.

There is a specific Georgia code, Section 44-11-30, that empowers homeowners to reclaim their property from intruders who wrongfully occupy it. Understanding this code and its provisions can help Georgia homeowners take action against unwelcome occupants.

The U.S. Marshals came out to one metro Atlanta house to make an arrest on a parallel investigation connected to a squatting case.

Step 1: Affidavit of Intruder

The owner must first create and get notarized an affidavit of intruder, which lays out a good-faith claim that the squatter has no legal claim to the property.

Step 2: Present affidavit to the county sheriff

Georgia law does not empower police departments to remove squatters, but it does allow the local sheriff to do so.  

Step 3: The sheriff serves the affidavit on squatter

Most Georgia sheriffs are unfamiliar with OCGA 44-11-30 and are often reluctant to get involved.  Yes, it is their job, but they probably don’t want to do it.

Step 4: Sheriff evicts squatter on the spot

Unless the squatter presents the sheriff with a counterclaim affidavit, the sheriff is supposed to force the squatter to leave the property immediately and allow the owner to reclaim occupancy on the spot.

In actuality, the sheriff often stalls the procedure, preferring that the owner pursue a standard dispossessory procedure through the local courts. In that case, the sheriff is simply following an order of the court, not having to make a decision.

A savvy squatter can likely extend the eviction process for 60 to 90 days. In the meantime, he or she is living rent-free at your expense.

So why is this allowed to happen? Adams says the COVID-19 pandemic threw a monkey wrench into Georgia eviction courts. Evictions were prohibited under federal law. Once the courts reopened, they were clogged beyond capacity, and many local sheriffs, especially in metro Atlanta, claimed to be overworked and understaffed. Some are just plain lazy.

Adams recommends anyone who may have a house that is going to be vacant for any length of time install a motion-sensor burglar alarm with an ear-shattering siren in the attic.  

Because the squatter is caught before they move in with furniture and appliances, local police are much more likely to recognize the squatter as an intruder, regardless of what they may say.

This has become a real problem, especially in metro Atlanta.  In response, legislators will get to vote on The Georgia Squatter Reform Act. The proposed law makes it clear that squatting is a crime to be handled by police. House Bill 1017 says to squatters, "No more freeloading, no more free rides."

Atlanta native John Adams has been a real estate broker and investor in residential real estate for the past four decades.