HB 415: Homeowners Protection Act; enact

Georgia law currently requires a landlord seeking to remove a tenant to go through a formal dispossessory (eviction) process starting with a demand for possession and a sworn affidavit before a judge, clerk, or notary. House Bill 415, called the 'Homeowners Protection Act,' adds a new option for property owners who say their property was never legally rented at all. The bill lets an owner file a written affidavit with the clerk of superior court stating they own the property, that it is not currently under a rental agreement, and asking that any 'unlawful tenant' be removed within one calendar day once the affidavit is confirmed. It also amends the existing dispossessory statute (O.C.G.A. § 44-7-50) so this new affidavit can serve as the basis for demanding possession of the property, alongside the existing affidavit process.

• Creates a new Code section, O.C.G.A. § 44-2-4.1, letting a property owner file a written affidavit with the superior court clerk declaring the property is not under a rental agreement.
• Requires the affidavit to identify the property address, assert ownership, state there is no current rental agreement, and request removal of an unlawful occupant within one calendar day.
• Amends O.C.G.A. § 44-7-50 so this new affidavit can serve as the basis for demanding possession of property in a dispossessory (eviction) proceeding.
• Repeals any existing laws that conflict with these new provisions.

Property owners seeking to remove occupants they say are not legitimate tenants, people occupying property who could be labeled 'unlawful tenants,' clerks of superior court who process the new affidavits, and judges or magistrates who handle dispossessory cases.

This would give property owners a documented, sworn route to assert a property was never rented and seek quick removal of an occupant, potentially speeding up cases owners describe as squatting. It also raises questions about what happens if an occupant disputes the owner's claim of no rental agreement.

• Section 1 adds O.C.G.A. § 44-2-4.1, naming the new law the 'Homeowners Protection Act' and creating the affidavit process for owners who say their property is not rented.
• The affidavit must include the property address, an ownership statement, a statement that no rental agreement exists, and a request for removal of an unlawful tenant within one calendar day of confirmation.
• Section 2 revises O.C.G.A. § 44-7-50 to allow this new affidavit to serve as grounds for a dispossessory demand for possession, alongside the traditional sworn affidavit process.
• Section 3 repeals any conflicting laws, a standard clause that does not itself change specific statutes.

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)

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