HB415: HB415 Homeowners Protection Act; enact

Under current Georgia law, a property owner who wants someone removed from their land or home generally has to go through the standard dispossessory (eviction) process, which starts with an affidavit made before a judge, clerk, or notary. House Bill 415 creates a new tool called the 'Homeowners Protection Act' aimed at situations where someone occupies a property without ever having a rental agreement, often described as squatting. The bill lets a property owner file a written affidavit with the clerk of the superior court in the county where the property sits. The affidavit must identify the property's address, state the person is the rightful owner, confirm the property is not under any rental agreement, and ask that any unlawful occupant be removed within one calendar day after the affidavit is confirmed. The bill also changes Georgia's dispossessory law (O.C.G.A. § 44-7-50) so this affidavit can serve as the basis for demanding possession of the property, in addition to the existing sworn affidavit process before a judge or notary. The bill repeals any conflicting laws but sets no separate effective date beyond the standard rule for new legislation.

• Creates a new Code section (O.C.G.A. § 44-2-4.1) called the Homeowners Protection Act, letting a property owner file a written affidavit with the superior court clerk asserting no rental agreement exists on the property.
• Requires the affidavit to list the property's address, confirm ownership, confirm the absence of a rental agreement, and request removal of any unlawful occupant within one calendar day of confirmation.
• Amends Georgia's dispossessory (eviction) law (O.C.G.A. § 44-7-50) to allow this new affidavit to serve as the basis for demanding possession of a property.
• Preserves the existing dispossessory process, meaning owners can still use the standard affidavit made before a judge, clerk, or notary instead of or alongside the new one.
• Repeals any other Georgia laws that conflict with these changes.

Property owners who want a faster way to remove occupants who were never tenants, people occupying property without a rental agreement (including squatters), superior court clerks who process the new affidavits, and courts handling dispossessory proceedings under Georgia's eviction law.

Property owners dealing with someone living on their property without ever having rented to them could seek removal within about a day of confirming the affidavit, instead of relying solely on the standard court affidavit and eviction timeline, changing how quickly such disputes move through Georgia courts.

• Section 1 adds new Code Section 44-2-4.1, naming the act and letting owners file an affidavit with the superior court clerk declaring no rental agreement covers the property.
• Section 1(b) lists four required contents of the affidavit: the property's address, a statement of rightful ownership, a statement that no rental agreement is in place, and a request to remove unlawful occupants within one calendar day of confirmation.
• Section 1(c) states the affidavit may be used in dispossessory proceedings under Code Section 44-7-50.
• Section 2 revises subsection (a) of Code Section 44-7-50 to add that the new affidavit may serve as the basis for demanding possession of rented, leased, held, or occupied property.
• Section 3 repeals any conflicting laws.

1. 2025-02-18House Second Readers (House)
2. 2025-02-13House First Readers (House)
3. 2025-02-12House Hopper (House)

• Todd Jones (R, HD-025)Primary sponsor
• Devan Seabaugh (R, HD-034)
• Carter Barrett (R, HD-024)
• Jesse Petrea (R, HD-166)
• John Corbett (R, HD-174)
• Noel Williams (R, HD-148)

• squatting
• property rights
• evictions
• landlord tenant law
• dispossessory proceedings