What Does Georgia's Squatter Reform Act Mean for Houston County Owners?

Since April 24, 2024, a person who enters and resides on someone else's property in Georgia without the owner's knowledge or consent commits the crime of unlawful squatting under O.C.G.A. 16-7-21.1, a misdemeanor created by House Bill 1017, the Georgia Squatter Reform Act. A suspected squatter in Houston County receives a citation from law enforcement and has three business days to produce properly executed documentation, such as a signed lease, that authorizes their presence; if they cannot, they are subject to arrest. On the civil side, the owner files an affidavit with the Houston County Magistrate Court, the occupant has three days to file a counter-affidavit, and if they do, a non-jury hearing must be held within seven days. The court can award the owner the fair market rent for the time the squatter occupied the home. Before the Act, Georgia owners could wait months for a trial in State or Superior Court.

This guide explains what changed, how the criminal citation and the magistrate court affidavit work, what documentation an occupant can use to stop the process, what the Act does not cover, and why it matters in a county where thousands of homes are owned by military families on orders elsewhere, inherited by out-of-town heirs, or held vacant between tenants.

What Changed in 2024

Before the Act, a Georgia owner who found a stranger living in a vacant house had two slow options. Law enforcement treated the matter as civil unless there was clear evidence of a break-in, and the owner's remedy was an intruder affidavit under O.C.G.A. 44-11-30 that a squatter could defeat for months by filing a counter-affidavit and demanding a jury trial in State or Superior Court. Owners in metro Atlanta reported waiting from eight months to two years, and the problem drew statewide attention in 2023 and early 2024.

House Bill 1017 passed in the 2024 session and became law on April 24, 2024. It made three changes. It created the criminal offense of unlawful squatting, so that a peace officer can issue a citation rather than tell the owner it is a civil matter. It rewrote the intruder affidavit process so that a counter-affidavit sends the case to a non-jury hearing in magistrate court within seven days rather than a jury trial. And it expanded the jurisdiction of magistrate courts to try unlawful squatting cases and to award the owner fair market rent and other monetary relief against the occupant.

How the Criminal Citation Works

Under O.C.G.A. 16-7-21.1(a)(1), a person commits unlawful squatting when he or she enters upon the land or premises of another and resides there for any period of time, knowingly acting without the knowledge or consent of the owner, the rightful occupant, or an authorized representative of the owner. Under subsection (a)(2), a person who commits or is accused of the offense receives a citation advising that they must present, within three business days of receiving it, properly executed documentation that authorizes their entry, to the head of the issuing law enforcement agency or a designee. Under subsection (a)(3), a person who cannot provide that documentation is subject to arrest and, on conviction, to the misdemeanor penalty in subsection (b).

In practice, the owner or the owner's representative meets law enforcement at the property and shows proof of ownership, commonly a recorded deed or the qPublic parcel record, and states that the occupant has no permission to be there. If the officer determines the elements of the offense are met, the citation issues. The occupant then has three business days to produce a lease, rent receipts or other properly executed documents. If the occupant produces documents, the matter goes to magistrate court for a hearing within seven days to determine whether the documents are valid. If the occupant produces nothing, the occupant is subject to arrest for unlawful squatting.

How the Magistrate Court Affidavit Works

The civil path runs through O.C.G.A. 44-11-30 as amended by the Act. The owner files a sworn affidavit with the magistrate court stating that the occupant is an intruder with no right to possession. A sheriff, deputy, constable or other authorized officer exhibits the affidavit to the occupant. The occupant then has three days to file a counter-affidavit asserting a lawful right to possess the property. If no counter-affidavit is filed within three days, the court may issue a writ of possession immediately, and the officer removes the occupant without a further hearing. If a counter-affidavit is filed, the magistrate court holds a non-jury hearing within seven days, at which the occupant must present evidence of a right to possession, such as a lease or proof of rent paid to the owner.

If the court finds for the owner, it issues a writ of possession to dispossess the occupant, and it may award the owner damages, including the property's fair market rent for the period of occupancy and other monetary relief. The Act specifies that proceedings on the writ of possession do not require a jury trial, which is the change that removed the months-long delay. In Houston County, both the citation and the affidavit are handled through the Houston County Magistrate Court, and the Sheriff's Office serves the affidavit for property in the unincorporated county.

What the Act Does Not Cover

The Act applies to intruders, not tenants. A person who moved in under a lease, written or oral, and stayed after it expired or stopped paying rent is a holdover tenant, and Georgia law requires the owner to use the standard dispossessory process in magistrate court, with its notice and hearing requirements, to remove them. Law enforcement will not remove a former tenant under the squatting statute. Likewise, a person with a genuine claim of right, such as an heir disputing an estate, a co-owner, or a buyer under a contract, is not a squatter, and those disputes go to Superior Court.

The Act also did not change Georgia's adverse possession law, under which a person who possesses property openly and continuously for 20 years, or seven years under color of title, can claim ownership. That doctrine has nothing to do with a squatter who moved into a vacant house last month, and the new statute makes clear that such a person is a criminal trespasser, not a claimant.

Georgia Squatter Removal at a Glance

Why It Matters in Houston County

Houston County has many homes that sit empty for stretches of time. Military families stationed at Robins Air Force Base receive orders and leave homes vacant between tenants or during a sale. Out-of-town heirs inherit houses in older sections of Warner Robins and Perry and take months to decide what to do with them. Investors hold rentals that turn over. And Warner Robins' blight tax, which the city can impose on vacant, unsafe or unmaintained homes inside city limits, adds a financial reason for owners to keep track of what is happening at an empty house. A squatter in any of these homes costs the owner rent, utilities, repairs and, before 2024, months of legal process. The Act does not prevent the problem, but it shortens the cure from months to days.

The jurisdictions matter here as well. For a home in unincorporated Houston County, including Bonaire and Kathleen, the Houston County Sheriff's Office is the law enforcement agency that issues the citation and serves the affidavit. Inside Warner Robins, Perry or Centerville, the city police department issues the citation, and the Sheriff's Office or a constable serves the magistrate court affidavit. In every case the hearing is in the Houston County Magistrate Court.

For Sellers: My Vacant Listing Has Someone Living in It. What Now?

Act the same day. Under the Act, the owner or an authorized representative, which can include the listing agent with written authority, reports the occupant to law enforcement with proof of ownership, and the three-business-day clock starts when the citation is served. The owner should also file the property affidavit in Houston County Magistrate Court the same week so the civil writ runs in parallel. A squatter who produces no lease is subject to arrest, and a writ of possession can issue within days, which keeps a closing on the calendar rather than pushing it a month.

I treat vacant listings in Houston County as a security problem before they become a legal one. Every vacant home I list has a lockbox log, a neighbor or a vendor who checks it weekly, interior lights on timers, and a note in my file of who has authority to act for the owner, because the owner is often in another state or on orders overseas. If someone moves in anyway, the paperwork I need is the deed or the qPublic record, my listing agreement showing authority, and a timeline of when the home was last confirmed empty, and I have all three before I call the Sheriff's Office. The buyers and lenders waiting on that house do not care whose fault it is; they care whether it closes on time.

For Buyers: Can I Buy a House That Has a Squatter in It?

You can, but you should not close until the home is empty unless you are an investor who has priced the removal and the delay into the offer. The Act shortens the process, but it does not eliminate it, and once you own the home the citation, the affidavit and the hearing become your responsibility rather than the seller's. A standard Georgia purchase contract calls for the seller to deliver possession at closing, and a buyer should hold the seller to that.

What I check for buyers is simpler than it sounds: whether the home is occupied at the inspection, whether it is occupied at the final walkthrough, and whether anything changed between the two. A vacant home that shows signs of someone living in it at the walkthrough, a mattress, food, a new lock, is a reason to stop and call the listing agent before closing, not after. For investors buying occupied properties intentionally, I make sure the contract says who the occupant is and what document, if any, they claim, because a former tenant goes through dispossessory court and a stranger goes through the squatter statute, and the timelines and costs are different. Either way, the Act means a Houston County owner can recover a home in days rather than months, which is a meaningful change for anyone who owns property here from a distance.

Frequently Asked Questions About Georgia's Squatter Law

What is the Georgia Squatter Reform Act?

House Bill 1017, which became law on April 24, 2024. It created the misdemeanor offense of unlawful squatting under O.C.G.A. 16-7-21.1, amended the intruder removal procedure under O.C.G.A. 44-11-30 to add a three-day counter-affidavit period and a seven-day non-jury hearing in magistrate court, and expanded magistrate court jurisdiction to include unlawful squatting cases and to award the property owner fair market rent and other monetary relief. The Act applies statewide, including in Houston County.

How long does a squatter have to leave in Georgia?

Three business days after receiving a citation for unlawful squatting to produce properly executed documentation authorizing their presence, such as a signed lease, to the head of the issuing law enforcement agency. A person who cannot produce it is subject to arrest. On the civil side, an occupant served with the owner's property affidavit has three days to file a counter-affidavit; if none is filed, a writ of possession may issue and the occupant may be removed, and if one is filed, a hearing must be held within seven days.

Can police remove a squatter in Georgia without going to court?

A peace officer can issue a citation for unlawful squatting under O.C.G.A. 16-7-21.1, and a person who fails to produce authorizing documentation within three business days is subject to arrest. Physical removal of an occupant from the property, however, follows the magistrate court affidavit process: the owner files an affidavit, the occupant has three days to respond, and if there is no counter-affidavit the court may issue a writ of possession that law enforcement executes. If the occupant files a counter-affidavit, the court holds a hearing within seven days before any removal.

What documents stop a squatting citation in Georgia?

Properly executed documentation that authorizes the person's entry on the property, which in practice means a signed lease with the owner or the owner's authorized agent, rent receipts or payment records to the owner, or other written authorization from the owner. A verbal claim of a lease, or payments made to someone who is not the owner, does not satisfy the statute. If documents are produced, the magistrate court holds a hearing within seven days to determine whether they are valid.

Does the Georgia squatter law apply to tenants who stop paying rent?

No. A person who occupied the property under a lease, including an expired or oral lease, is a tenant or holdover tenant, not an intruder, and Georgia law requires the owner to use the dispossessory process in magistrate court, with its notice and hearing requirements, to remove them. Law enforcement will not remove a former tenant under the unlawful squatting statute, and an owner who attempts a self-help eviction of a tenant can face liability. The squatter statute is for people who entered without the owner's knowledge or consent.

Where do I file a squatter affidavit in Houston County, Georgia?

In the Houston County Magistrate Court, which handles dispossessory warrants, intruder affidavits and unlawful squatting proceedings for the county. The Houston County Sheriff's Office serves the affidavit and executes a writ of possession for property in the county, and the city police departments issue unlawful squatting citations inside Warner Robins, Perry and Centerville. Property in Byron, in neighboring Peach County, goes through Peach County Magistrate Court.

Can I get money from a squatter in Georgia?

The Act allows the magistrate court to award the property owner the fair market rent for the period the squatter occupied the property, along with other monetary relief, as part of the proceeding on the writ of possession. Collecting the judgment depends on the occupant's ability to pay, as with any civil judgment. Owners should document the dates of occupancy, the rental value of the home, and any damage, utilities or cleanup costs for the hearing.

What is the penalty for unlawful squatting in Georgia?

Unlawful squatting under O.C.G.A. 16-7-21.1 is a misdemeanor. A person who receives a citation and cannot produce authorizing documentation within three business days is subject to arrest and, on conviction, to the penalty set out in subsection (b) of the statute. The Act also expanded magistrate court jurisdiction so that these cases can be tried in magistrate court rather than State Court.

Did the 2024 law change squatters' rights or adverse possession in Georgia?

No. Georgia's adverse possession doctrine, which can transfer title after 20 years of open and continuous possession, or seven years under color of title, was not changed by the Act and has no application to someone who recently moved into a vacant home without permission. The Act clarified that such a person commits a crime and gave owners a faster removal process. Georgia has never recognized a right for a trespasser to remain in a home because they changed the locks or received mail there.

How can an out-of-state or deployed owner protect a vacant home in Houston County?

Designate an authorized representative in writing, such as a property manager, a family member or a listing agent, who can report an intruder to law enforcement and sign the magistrate court affidavit; keep a copy of the recorded deed and the qPublic parcel record accessible; have the home checked regularly and keep a log; and keep utilities and exterior maintenance current, both to deter occupants and, inside Warner Robins, to avoid the city's blight tax on vacant and unmaintained homes. Military owners on orders from Robins Air Force Base can also give a limited power of attorney to a representative for this purpose.

Does a squatter have to be served in person in Georgia?

The unlawful squatting citation is served on the person accused, and the owner's property affidavit must be exhibited to the occupant by a sheriff, deputy, constable or other authorized officer before the three-day counter-affidavit period runs. The Act's hearing and removal provisions are triggered by that service, so an owner cannot shortcut the process by posting a notice and changing the locks. Self-help removal of an occupant exposes the owner to liability under Georgia law.

How long did squatter removal take in Georgia before the 2024 law?

Owners reported waiting eight months to two years in some cases, because a squatter who filed a counter-affidavit to the owner's intruder affidavit was entitled to a jury trial in State or Superior Court, and courts set those trials months out. The Act replaced that with a non-jury hearing in magistrate court within seven days of the counter-affidavit, and added the criminal citation, which is why the process now resolves in days or weeks rather than months.

About the Author

William Walton-Dean is a licensed REALTOR® with Walton Dean Realty, operating under Real Broker LLC, serving buyers and sellers across Houston County, Georgia, including Perry, Warner Robins, Bonaire, Kathleen, Byron, and the surrounding Middle Georgia housing market. He brings a data-driven, hyper-local approach to both residential and commercial transactions, working with first-time buyers, move-up sellers, investors, and families relocating to the area, including those tied to Robins Air Force Base. Drawing on a prior career as a C-level executive, he helps buyers and sellers at every price point make clear, confident decisions backed by real market insight.

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Walton Dean Realty | Real Broker LLC

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If you are selling an inherited or vacant home in Warner Robins, Perry, Bonaire or Kathleen, or you are a military family keeping a house here while stationed elsewhere, I will help you keep it secure, keep it marketable and get it sold without surprises. I work with sellers, buyers and investors across Houston County.

William Walton-Dean | Walton Dean Realty

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A More Strategic Approach to Real Estate

This article is provided for general informational purposes about Georgia's unlawful squatting and intruder removal laws and does not constitute legal advice. Statutes and local procedures are subject to change, and the facts of each situation determine which process applies. Property owners dealing with an unauthorized occupant should consult a Georgia attorney and contact law enforcement and the Houston County Magistrate Court directly. William Walton-Dean is a licensed REALTOR® with Walton Dean Realty under Real Broker LLC and is not an attorney.