The House Committee on Judiciary offers the following substitute to HB 1016:
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 10 of Title 15 and Article 2 of Chapter 11 of Title 44 of the
Official Code of Georgia Annotated, relating to general provisions relative to magistrate
courts and proceedings against intruders, respectively, so as to expand existing remedies
regarding the unauthorized possession of real property; to provide for magistrate court
jurisdiction over certain related proceedings; to authorize certain third parties to request
assistance from law enforcement for the expedient removal of a person in unauthorized
possession of real property under certain conditions; to authorize the removal of a person in
unauthorized possession based on such request and conditions; to require that any person
subject to removal or arrest for the unauthorized possession of real property be given three
days to present a counteraffidavit prior to any such removal or arrest; to provide for
legislative findings and intent; to provide for definitions; to make conforming changes; to
provide for an effective date and applicability; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to
general provisions relative to magistrate courts, is amended in Code Section 15-10-2, relating
to general jurisdiction and authority of magistrate to act, by revising paragraph (19) of
subsection (a) as follows:
"(19) Proceedings against intruders and unlawful squatting as provided in Code Sections
44-11-30, <ins>44-11-30.1,</ins> 44-11-31, 44-11-32, and 44-11-33."
SECTION 2.
Article 2 of Chapter 11 of Title 44 of the Official Code of Georgia Annotated, relating to
proceedings against intruders, is amended by revising Code Section 44-11-30, relating to
manner of ejecting intruders, affidavit, ejection by sheriff and other peace officers, and
counteraffidavit, as follows:
"44-11-30.
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 <del>the described land or tenement</del> <ins>certain real property</ins> and that such <del>land or tenement</del> <ins>real
property</ins> is in the hands of <del>another</del> <ins>a</ins> named person who does not in good faith claim a right
to such possession and yet refuses to abandon <del>the same</del> such real property, it shall be the
duty of the sheriff, deputy sheriff, constable, marshal, or other individual certified by the
Georgia Peace Officer Standards and Training Council of the county where the <del>land or
tenement</del> <ins>real property</ins> is located, upon receiving such affidavit, to exhibit such affidavit
to the person described as being in possession of such land or tenement <ins>real property</ins> at
least three days prior to turning such person out of possession unless the person in
possession tenders to such sheriff, deputy sheriff, 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 <del>land or
tenement</del> <ins>real property. If no such counteraffidavit is tendered, such</ins> <del>Such</del> sheriff, deputy
sheriff, 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 <del>such</del> <ins>the</ins> affidavit was exhibited <ins>by the sheriff, deputy sheriff, constable,
marshal, or other individual certified by the Georgia Peace Officer Standards and Training
Council."
</ins> SECTION 3.
Said article is further amended by adding a new Code section to read as follows:
<ins>"44-11-30.1.
(a) As used in this Code section:
(1) 'Affected owner' means a unit owner or lot owner of affected property.
(2) 'Affected property' means real property within a condominium or property owners'
development that is in the possession of a person, other than a unit owner or lot owner,
who may not have a good faith claim to such possession and yet refuses to abandon such
real property.
(3) 'Condominium' shall have the same meaning as set forth in Code Section 44-3-71.
(4) 'Condominium association' shall have the same meaning as the term 'association' as
set forth in Code Section 44-3-71.
(5) 'Interested third party' means any unit owner or lot owner of real property within the
same condominium or property owners' development as affected property who is not an
affected owner.
(6) 'Lot owner' shall have the same meaning as set forth in Code Section 44-3-221.
(7) 'Property owners' development' shall have the same meaning as set forth in Code
Section 44-3-221.
</ins>
<ins>(8) 'Property owners' development association' shall have the same meaning as the term
'property owners' association' or 'association' as set forth in Code Section 44-3-221.
(9) 'Unit owner' shall have the same meaning as set forth in Code Section 44-3-71.
(b) The General Assembly finds that the right to exclude others from entering, and to
direct the expedient removal of others in unauthorized possession of, real property within
a condominium or property owners' development is a substantial property right belonging
to both the unit owner or lot owner of the affected property and to any other unit owner or
lot owner of real property located within such condominium or property owners'
development. The General Assembly further finds that existing remedies regarding the
unauthorized possession of real property fail to adequately protect the safety and property
rights of such unit owners and lot owners or to sufficiently deter theft, vandalism, and other
criminal activity. The intent of this Code section is to support the prompt restoration of
possession of real property to the lawful owner and to preserve the safety and property
rights of all unit owners and lot owners within a condominium or property owners'
development while limiting the opportunity for criminal activity.
(c) Any interested third party shall have a right to enjoin the unauthorized possession of
any affected property located within such interested third party's condominium or property
owners' development in accordance with the procedures set forth in this Code section.
(d) Except as otherwise provided in Code Section 44-11-30 and subject to the
requirements set forth in subsection (e) of this Code section, when an interested third party,
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 such owner claims, in good faith and acting based on reasonable certainty, that
certain real property within such interested third party's condominium or property owner's
development is in the hands of a named person who does not in good faith claim a right to
such possession yet and refuses to abandon such real property, it shall be the duty of the
sheriff, deputy sheriff, constable, marshal, or other individual certified by the Georgia
</ins>
<ins>Peace Officer Standards and Training Council of the county where the real property is
located, upon receiving such affidavit, to exhibit such affidavit to the person described as
being in possession of such real property at least three days prior to turning such person out
of possession unless the person in possession tenders to such sheriff, deputy sheriff,
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 real property. If no such counteraffidavit is tendered, such
sheriff, deputy sheriff, 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 the affidavit was exhibited by the sheriff, deputy sheriff,
constable, marshal, or other individual certified by the Georgia Peace Officer Standards
and Training Council.
(e)(1) Notwithstanding any provision to the contrary in this article, no interested third
party, either by himself or herself, his or her agent, or his or her attorney in fact, shall
initiate the removal procedure set forth in subsection (d) of this Code section unless he
or she has provided at least three days' written notice, sent by certified mail or statutory
overnight delivery, of his or her intent to initiate such removal procedure to the affected
owner at the address or addresses designated by the affected owner to the condominium
association or property owners' development association and to any other address or
addresses for which the interested third party or the condominium association or property
owners' development association might be aware. If the affected owner authorizes the
removal procedure or fails to respond to the notice within the three-day period, the
interested third party seeking to initiate the removal procedure set forth in subsection (d)
of this Code section shall be authorized to proceed with such removal procedure. If the
affected owner denies permission to initiate the removal procedure, the interested third
party shall be barred from proceeding with the removal procedure under subsection (d)
of this Code section.
</ins>
<ins>(2) The interested third party seeking to engage in the removal procedure set forth in
subsection (d) of this Code shall work with the condominium association or property
owners' development association to provide the notice required under paragraph (1) of
this subsection. A condominium association or property owners' development association
shall cooperate with an interested third party to provide any notice required under
paragraph (1) of this subsection."
</ins> SECTION 4.
Said article is further amended by revising Code Section 44-11-31, relating to sheriff and
other peace officers competent to administer oath to person in possession, as follows:
"44-11-31.
The sheriff, deputy sheriff, constable, marshal, or other individual certified by the Georgia
Peace Officer Standards and Training Council shall be a competent officer to administer
the oath to the person in possession if he <ins>or she</ins> desires to tender the counteraffidavit
provided for in Code Section 44-11-30 <ins>or Code Section 44-11-30.1."
</ins> SECTION 5.
Said article is further amended by revising Code Section 44-11-32, relating to procedure on
submission of counteraffidavit, trial, nonmeritorious submission, and appeal, as follows:
"44-11-32.
<del>(1)(a)</del> If the party in possession submits a counteraffidavit as provided in Code
Section 44-11-30 <ins>or Code Section 44-11-30.1,</ins> the sheriff, deputy sheriff, 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, deputy sheriff, constable, marshal, or
other individual certified by the Georgia Peace Officer Standards and Training Council
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.
<del>(2)(b)</del> 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, deputy sheriff, constable, marshal, or other
individual certified by the Georgia Peace Officer Standards and Training Council shall turn
him or her out of possession to occur as soon as practicable pursuant to a writ of
possession.
<del>(3)(c)</del> The court may, <ins>as appropriate,</ins> 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."
SECTION 6.
This Act shall become effective on July 1, 2026, and shall apply to all offenses occurring on
or after such date.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.