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Squatters and vacant property in Georgia: what the law says

In Georgia a squatter is not a tenant, and since 2024 squatting is a crime in its own right. Georgia also hands an owner something most states do not: a sworn affidavit that a deputy serves, with removal three days later — but only if the person inside signs nothing back. If they do sign back, it goes to a magistrate judge and they leave only on a court writ. And the criminal side has a catch almost nobody reports: Georgia's own squatter statute tells the officer to write a citation and give the person three business days to produce a lease. Every answer below is quoted from the statute it came from.

Every answer on this page is quoted from the statute it came from and linked to the source, so you can read the law yourself. Last checked against the statutes on 2026-07-14.

What to do now — this part is ours, not the law

There is no 30-day rule. Nobody becomes a tenant by standing in your house long enough — not in thirty days, not in ninety. They are not a tenant on day one and they are not a tenant on day ninety. What time does change is how hard they are to remove, and how much of your money it takes. That is a reason to move today, not a deadline you have already missed.

If someone is in the property right now

  1. Do not go in, and do not change the locks. It is the first thing everyone wants to do and it is how the owner becomes the defendant. Read that question above before you touch anything.
  2. Call the police non-emergency line. Ask them to look at it as a criminal trespass rather than a landlord–tenant dispute. Those are different outcomes and the words matter.
  3. Have your proof of ownership in your hand when they arrive — the deed, a recent tax bill, your ID. The officer's whole decision turns on whether he believes you own it.
  4. Photograph everything, and write down every date. When you last saw it empty. When you found them. What was said. Who you called, and when.
  5. Call a lawyer the same day. Not next week. The clock on every route above has already started.
The full checklist — what to record and what to ask →

If it has not happened yet

Everything on this page gets easier the earlier you do it. Photograph the property empty, keep the utility bills, and write down who is allowed inside — before you lock up and walk away. None of that is expensive. All of it is worth more than it looks at 2am.

The checklist for leaving a property vacant →

Is a squatter a tenant — and what rights do they have?

No. Georgia puts them in a different chapter of the code from tenants — the one about intruders — and since 2024 living in someone else's building without permission is a crime. They get none of a tenant's protections, and the ordinary eviction statute is not written for them.

›Read the law — 3 provisions

If a trespasser counts as a tenant, the owner is routed into housing court and every fast option closes.

1 · O.C.G.A. § 16-7-21.1(a)(1) — unlawful squatting, added by HB 1017 (Georgia Squatter Reform Act), eff. 2024-04-24

“A person commits the offense of unlawful squatting when he or she enters upon the land or premises of another and resides on such land or premises for any period of time knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner. For purposes of this Code section, the term 'resides' means to inhabit or live on or within any land or premises.”

Quoted from the enrolled Act as passed by the House and Senate, fetched from the Governor's own server. Note the element that matters: the offense turns on the OWNER'S consent. A tenant, by definition, has it.

Read it at the source →

2 · O.C.G.A. § 44-11-30 as amended by HB 1017 — proceedings against intruders

“such land or tenement is in the hands of another named person who does not in good faith claim a right to such possession and yet refuses to abandon the same”

This sits in Title 44, Chapter 11 (ejectment and proceedings against intruders) — a different chapter entirely from Chapter 7, the landlord-and-tenant chapter. The separation is the point.

Read it at the source →

3 · O.C.G.A. § 44-7-50(a) — demand for possession · secondhand source

“In all cases when a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to such tenant…”

SECONDARY: the official Georgia Code is hosted behind LexisNexis, which blocks automated retrieval; this text was read on FindLaw and only the opening clause is quoted, because that clause is the whole point. A human should confirm it against the official code. We also could not verify the widely repeated claim that filing this action against a pure squatter invites dismissal — the statute is plainly written about tenants, but we found no Georgia appellate decision we could fetch that says so.

Read it at the source →

These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.

Can I just change the locks?

No — and be clear that some of this is us, not the statute. Georgia's own squatter law hands the job to a deputy: you swear an affidavit, an officer serves it, an officer removes them. The clear rules against locking a person out are written about tenants, and we found no Georgia case deciding whether they reach a squatter. Untested is not the same as permitted, and the person who finds out which it is will be the defendant.

›Read the law — 3 provisions

Lawful in a handful of states, a crime in most. Getting this wrong turns the victim into the defendant.

1 · O.C.G.A. § 44-11-30 as amended by HB 1017 — the duty is the officer's

“it shall be the duty of the sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council of the county where the land or tenement is located, upon receiving such affidavit, to exhibit such affidavit to the person described as being in possession of such land or tenement at least three days prior to turning such person out of possession”

Quoted from the enrolled Act with the bill's strike-throughs removed and its underlined insertions applied — i.e. the section as amended. Read what the statute assigns and to whom: every act of removal in it is an officer's act.

Read it at the source →

2 · O.C.G.A. § 44-7-14.1 — suspension of utilities · secondhand source

“(a) As used in this Code section, the term 'utilities' means heat, light, and water service. (b) It shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a tenant until after the final disposition of any dispossessory proceeding by the landlord against such tenant. (c) Any person who violates subsection (b) of this Code section shall, upon conviction, be assessed a fine not to exceed $500.00.”

SECONDARY: read on FindLaw; the official code is behind LexisNexis. Note the limits of this section — it is about UTILITIES, not locks, and it is about a TENANT. It is the narrowest possible answer to the question owners actually ask, and it is the only express statutory one we found.

Read it at the source →

3 · Judicial Council of Georgia / Administrative Office of the Courts — Landlord/Tenant self-help resources, read 2026-07-14 · secondhand source

“When a landlord attempts to kick you out without going through this process and obtaining the necessary court order, that is against the law.”

SECONDARY: this is an official court help page, not the operative law, and it is written for tenants. The case Georgia lawyers cite for the broader rule — that the court procedure is the only lawful way to force someone out — is Ralls v. E. R. Taylor Auto Co., 202 Ga. 107 (1947). We could not fetch it (CourtListener returned nothing; Justia and Casetext block automated retrieval), so we do not quote it and we do not lean on it.

Read it at the source →

These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.

If police do act, what is the charge — and can they arrest for it?

Depends. Georgia's squatter law tells the officer to hand the person a ticket, not to arrest them, and gives them three business days to go produce a lease. Arrest comes only if they cannot. A ticket leaves them in the house. Police can instead call it criminal trespass, which is also only a misdemeanor, and Georgia lets an officer arrest for a misdemeanor without a warrant only if it happens in front of him or he already knows of it.

›Read the law — 5 provisions

A charge that only supports a citation does not remove anyone from a house. This is the link that killed the previous market.

1 · O.C.G.A. § 16-7-21.1(a)(1) — unlawful squatting (HB 1017, eff. 2024-04-24)

“A person commits the offense of unlawful squatting when he or she enters upon the land or premises of another and resides on such land or premises for any period of time knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner.”

Read it at the source →

2 · O.C.G.A. § 16-7-21.1(a)(2)–(3) — citation first, arrest second

“(2) Any person who commits or is accused of committing the offense of unlawful squatting as provided for in paragraph (1) of this subsection shall receive a citation advising that they must present to the head of the issuing law enforcement agency or their designee within three business days of receiving the citation for such alleged offense properly executed documentation that authorizes the person's entry on such land or premises. Such documentation may include a properly executed lease or rental agreement or proof of rental payments. (3) If such person is unable to provide the documentation required by paragraph (2) of this subsection, such person shall be subject to arrest for unlawful squatting and upon conviction to the penalty provided in subsection (b) of this Code section.”

THIS IS THE LINK THAT DECIDES WHETHER ANYONE LEAVES THE BUILDING THAT NIGHT, and it is written into Georgia's flagship squatter statute. The statute's own default is a citation and a three-business-day document check, not an arrest at the door. We draw no conclusion about what an officer must or may do — read it and decide. Note also subsection (a)(4): if the person DOES produce documentation, a hearing is set within seven days, and only if the court finds the paper 'was not properly executed or is not meritorious' do removal and arrest follow.

Read it at the source →

3 · O.C.G.A. § 16-7-21.1(b) — penalty

“Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor which upon conviction shall be punishable as provided in Code Section 17-10-3.”

Read it at the source →

4 · O.C.G.A. § 16-7-21(b), (d) — criminal trespass and its grading · secondhand source

“(b) A person commits the offense of criminal trespass when he or she knowingly and without authority: (1) Enters upon the land or premises of another person … for an unlawful purpose; (2) Enters upon the land or premises of another person … after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or (3) Remains upon the land or premises of another person … after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart. … (d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor.”

SECONDARY: the official Georgia Code sits behind LexisNexis, which blocks automated retrieval; this was read on FindLaw and should be confirmed against the official code. Georgia has no felony grade of ordinary criminal trespass on these facts — unlike Pennsylvania, where breaking into a building is a felony.

Read it at the source →

5 · O.C.G.A. § 17-4-20(a) — arrest with and without a warrant · secondhand source

“(a)(1) An arrest for a crime may be made by a law enforcement officer: (A) Under a warrant; or (B) Without a warrant if: (i) The offense is committed in such officer's presence or within such officer's immediate knowledge; (ii) The offender is endeavoring to escape; (iii) The officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed; … or (vi) For other cause there is likely to be failure of justice for want of a judicial officer to issue a warrant.”

SECONDARY: read on FindLaw. Read the list carefully. Georgia does NOT give a general power to arrest on probable cause for a misdemeanor the way it does for family violence. Whether a person found living in a vacant building is committing the offense 'in the officer's presence or within his immediate knowledge' is the question the whole encounter turns on, and it is not ours to answer. These are the provisions, in order. We have drawn no conclusion from them.

Read it at the source →

These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.

What decides whether police arrest or walk away?

A piece of paper — whether the lease the person inside produces holds up, and whether anyone at the door can tell that you are the real owner. Georgia's squatter law expressly tells the officer to give them three business days to go and produce a lease or proof of rent. It gives him nothing at all to check your side against.

DeedProof solves this

We verify you own the property and file your notarized statement where police can check it. How it works →

›Read the law — 2 provisions

Every other question here is downstream of this one. The whole encounter, in one decision, made in a doorway in the dark.

1 · O.C.G.A. § 16-7-21.1(a)(2) — what the occupant must produce

“shall receive a citation advising that they must present to the head of the issuing law enforcement agency or their designee within three business days of receiving the citation for such alleged offense properly executed documentation that authorizes the person's entry on such land or premises. Such documentation may include a properly executed lease or rental agreement or proof of rental payments.”

A forged lease is a 'properly executed lease' until somebody establishes that it is not — and the statute names no one whose job that is at the door.

Read it at the source →

2 · O.C.G.A. § 44-11-30 as amended by HB 1017 — the owner's affidavit

“When any person, either by himself or herself, his or her agent, or his or her attorney in fact, shall take and subscribe an affidavit in writing before any officer authorized to administer an oath setting forth that he or she claims, in good faith, the right of possession to the described land or tenement”

A CLAIM ABOUT OUR OWN SEARCH, NOT ABOUT THE LAW: we read O.C.G.A. § 16-7-21.1 and §§ 44-11-30 through 44-11-33 in full, as enacted, in the enrolled text of HB 1017 on the Governor's own server, on 2026-07-14. We looked for any provision telling an officer how to establish that the person who signed the affidavit actually owns the building — a deed check, a registry, a records lookup, anything. We found no such provision. Confirm it against the official code before relying on it.

Read it at the source →

These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.

What is the lawful way to get them out?

A sworn affidavit, handed to a deputy — not the ordinary eviction case. You swear that the person in your building has no right to be there, an officer shows it to them, and three days later he can turn them out. If they swear back, it stops, and a magistrate judge decides it instead.

›Read the law — 3 provisions

The route sets the real cost. A summary track is weeks; a full civil suit is months.

1 · O.C.G.A. § 44-11-30 as amended by HB 1017 (Georgia Squatter Reform Act)

“it shall be the duty of the sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council of the county where the land or tenement is located, upon receiving such affidavit, to exhibit such affidavit to the person described as being in possession of such land or tenement at least three days prior to turning such person out of possession unless the person in possession tenders to such sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council a counteraffidavit stating that he or she claims, in good faith, a legal right to the possession of the land or tenement. Such sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council shall turn out such person once three days have elapsed from the day such affidavit was exhibited.”

Quoted from the enrolled Act with the bill's strike-throughs removed and its underlined insertions applied — i.e. the section as amended. Many widely circulated summaries say this affidavit is 'filed in magistrate court'. The enacted text does not say that: it says the affidavit is sworn before any officer authorized to administer an oath, and that the SHERIFF receives and exhibits it. Magistrate court enters the picture at the next link.

Read it at the source →

2 · O.C.G.A. § 44-11-32(a)(1)–(2) as amended by HB 1017

“(a)(1) If the party in possession submits a counteraffidavit as provided in Code Section 44-11-30, the sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council shall not turn him or her out of possession but shall leave both parties in their respective positions. In such an event, the sheriff … shall return both affidavits to the office of the clerk of the magistrate court of the county in which the land is located for a nonjury trial in accordance with the laws of this state. (2) If the party in possession submits any counteraffidavit or other documentation at trial, upon the magistrate's determination that the affidavit is not meritorious based on the preponderance of the evidence, the sheriff … shall turn him or her out of possession to occur as soon as practicable pursuant to a writ of possession.”

HB 1017 changed this trial from a JURY trial in SUPERIOR court to a NONJURY trial in MAGISTRATE court. That is the change that made the route usable, and it is why the magistrate court is now where a contested squatter case lives.

Read it at the source →

3 · O.C.G.A. § 15-10-2(a)(18)–(19), added by HB 1017

“(18) The trial and sentencing of unlawful squatting violations as provided in Code Section 16-7-21.1; and (19) Proceedings against intruders and unlawful squatting as provided in Code Sections 44-11-30, 44-11-31, 44-11-32, and 44-11-33.”

Read it at the source →

These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.

How long does it take, and what does it cost?

Three days, if nobody contests it — the person inside has three days to swear back, and if they do it becomes a hearing in front of a magistrate. On the money, Georgia is unusually good to owners: the court can order them to pay you the fair market rent for the whole time they were in your building, plus the costs of the case. We give no dollar figure, because we could not read a published Georgia fee schedule.

›Read the law — 3 provisions

The two numbers every owner wants, and the one nobody warns them about: you do not get it back.

1 · O.C.G.A. § 44-11-30 as amended by HB 1017 — the three-day clock

“shall turn out such person once three days have elapsed from the day such affidavit was exhibited.”

This is the UNCONTESTED clock, and it is the whole reason Georgia's timeline is measured in days rather than months. A counter-affidavit stops it dead.

Read it at the source →

2 · O.C.G.A. § 16-7-21.1(a)(4) — hearing within seven days

“If such person does provide documentation that authorizes such person's entry on the land or premises, a hearing shall be set within seven days of the submission of such documentation and if the court finds that the submitted documentation was not properly executed or is not meritorious, such person shall be subject to demand for possession and removal as provided in Code Section 44-11-32”

Note this seven-day hearing hangs off the CRIMINAL section, and the counter-affidavit trial hangs off the civil one. The statute does not set a deadline for the civil nonjury trial itself.

Read it at the source →

3 · O.C.G.A. § 44-11-32(a)(3) and § 44-11-33 as amended by HB 1017

“The court may award the plaintiff the fair market value rent for the duration of the party's occupancy, and other monetary relief found appropriate by the court. A party shall have the right to appeal the decision of such magistrate court and such decision shall be directly appealable to the Georgia appellate courts and not by de novo review by the superior court. … the clerk of the court shall issue a writ of possession instanter and a fi. fa. for the costs of the proceeding and any other monetary relief awarded by the court.”

NO DOLLAR FIGURE APPEARS ON THIS PAGE, and that is deliberate. Georgia magistrate court filing fees and sheriff service fees are set county by county and we could not fetch a published fee schedule, so we will not print a number. What the statute DOES say is that a judgment can carry the fair market rent and the costs — which is the opposite of the usual position, and it is the fact worth knowing. Note also that the appeal goes straight to the appellate courts, not to a fresh trial in superior court — that is what stops an appeal from restarting the case.

Read it at the source →

These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.

Can a sheriff remove them on the owner's affidavit alone, with no court?

Depends on whether they fight it. If the person inside signs nothing, the statute has a deputy turn them out three days after your affidavit is shown to them. If they sign a counter-affidavit claiming a right to be there, it goes to a magistrate judge and they leave only on a court order.

›Read the law — 2 provisions

Where a state has passed this, it hands the owner the whole mechanism for free. This field tracks the existential risk.

1 · O.C.G.A. § 44-11-30 as amended by HB 1017 — the uncontested path

“to exhibit such affidavit to the person described as being in possession of such land or tenement at least three days prior to turning such person out of possession unless the person in possession tenders to such sheriff … a counteraffidavit stating that he or she claims, in good faith, a legal right to the possession of the land or tenement. Such sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council shall turn out such person once three days have elapsed from the day such affidavit was exhibited.”

READ THIS AGAINST THE HEADLINES. It is widely written that Georgia's 2024 law is a magistrate-court filing and therefore not an affidavit-to-sheriff removal. The enacted text says the affidavit is sworn 'before any officer authorized to administer an oath', is delivered to the SHERIFF, and that the sheriff 'shall turn out such person' three days later unless a counter-affidavit is tendered. Quoted from the enrolled Act with strike-throughs removed and insertions applied. Counsel should resolve how this operates in practice, because it changes the answer.

Read it at the source →

2 · O.C.G.A. § 44-11-32(a)(1)–(2) as amended by HB 1017 — the contested path

“the sheriff … shall not turn him or her out of possession but shall leave both parties in their respective positions. In such an event, the sheriff … shall return both affidavits to the office of the clerk of the magistrate court of the county in which the land is located for a nonjury trial in accordance with the laws of this state. … upon the magistrate's determination that the affidavit is not meritorious based on the preponderance of the evidence, the sheriff … shall turn him or her out of possession to occur as soon as practicable pursuant to a writ of possession.”

So the counter-affidavit is the safety valve, and it is a single sworn page that anyone can sign. That is why the honest verdict here is 'depends' and not 'yes'.

Read it at the source →

These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.

How long before they can claim they own it?

20 years — or 7, if they hold a piece of paper that looks like a title. Neither clock runs on a calendar: both run only on possession that is public, continuous, exclusive, uninterrupted and peaceable, and made under a claim of right, for the entire period.

›Read the law — 3 provisions

The thing an owner of an empty building actually fears. Pure state statute.

1 · O.C.G.A. § 44-5-163 — prescription by twenty years' possession · secondhand source

“Possession of real property in conformance with the requirements of Code Section 44-5-161 for a period of 20 years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170.”

SECONDARY: the official Georgia Code is behind LexisNexis, which blocks automated retrieval; read on FindLaw and to be confirmed against the official code.

Read it at the source →

2 · O.C.G.A. § 44-5-164 — prescription by seven years under color of title · secondhand source

“Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property against everyone except the state”

SECONDARY: read on FindLaw. The section goes on to carve out written evidence of title that is forged or fraudulent WHERE the possessor knew of the forgery when they began possessing — which means the seven-year clock is not defeated merely by the document being bad. This is the provision that makes a fake deed dangerous, and it is why a vacant building left alone for years is the exposure.

Read it at the source →

3 · O.C.G.A. § 44-5-161 — what possession must be to found a prescriptive title · secondhand source

“Must be in the right of the possessor and not of another … Must not have originated in fraud except as provided in Code Section 44-5-162 … Must be public, continuous, exclusive, uninterrupted, and peaceable … Must be accompanied by a claim of right.”

SECONDARY: read on FindLaw; the ellipses join the four requirements as printed, in order. Read the words rather than the years: the clock does not start because a building sat empty. It starts on possession of this kind, and it has to stay that way for the whole period.

Read it at the source →

These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.

This page is the law. What it costs you in Georgia — the filing fee, the sheriff’s bill, the months, and whether you ever see the money again.

Your deed proves you own it. It does not prove you never rented it.

That is the officer’s real question, and the lease in their hand does not contradict your deed. You can swear it is a forgery — but a statement you write the morning after, against a lease dated last year, is worth very little. The version that counts has to already exist.

How DeedProof verifies owners and files the affidavit in advance →

› Every source on this page (9)

O.C.G.A. § 44-11-32(a)(1)–(2) as amended by HB 1017 — the contested pathO.C.G.A. § 44-7-50(a) — demand for possessionO.C.G.A. § 44-7-14.1 — suspension of utilitiesJudicial Council of Georgia / Administrative Office of the Courts — Landlord/Tenant self-help resources, read 2026-07-14O.C.G.A. § 16-7-21(b), (d) — criminal trespass and its gradingO.C.G.A. § 17-4-20(a) — arrest with and without a warrantO.C.G.A. § 44-5-163 — prescription by twenty years' possessionO.C.G.A. § 44-5-164 — prescription by seven years under color of titleO.C.G.A. § 44-5-161 — what possession must be to found a prescriptive title

DeedProof is not a law firm and this page is not legal advice. We cite primary sources; we do not interpret them for your situation. Laws change — confirm current requirements with the relevant government office or a licensed attorney.