---
title: HB 415. Homeowners Protection Act; enact
collection: bills
id: 2025-2026/hb415
cite_as: HB 415, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb415
md_url: https://georgiacommons.org/bills/2025-2026/hb415.md
text_url: https://georgiacommons.org/bills/2025-2026/hb415/text
source_url: https://www.legis.ga.gov/legislation/70256
date: 2025-02-18
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb415.md?full=1
bill_number: HB 415
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-02-12
last_action: House Second Readers
sponsors:
- Todd Jones
- Devan Seabaugh
- Carter Barrett
- Jesse Petrea
- John Corbett
- Noel Williams
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB415/2025
upstream_id: 1968138
summaries_model: claude-sonnet-5
topic_tags:
- landlord tenant law
- evictions
- property rights
- squatting
- dispossessory proceedings
---
# HB 415. Homeowners Protection Act; enact
## Text
House Bill 415
By: Representatives Jones of the 25th, Seabaugh of the 34th, Barrett of the 24th, Petrea of the
166th, Corbett of the 174th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to
enact the "Homeowners Protection Act"; to provide for a rental intention affidavit regarding
dispossessory proceedings; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in
Article 1 of Chapter 2, relating to recording relative to recording deeds and other real
property transactions, by adding a new Code section to read as follows:
"44-2-4.1.
(a) This Code section shall be known and may be cited as the 'Homeowners Protection
Act.'
(b) Any person who owns property may file a written affidavit with the clerk of the
superior court of the county where such property resides stating the intention to not subject
such property to rental agreement. Such affidavit shall:
(1) Identify the address of the property;
(2) State that such person is the rightful owner of the property;
(3) State that such property is not currently under a rental agreement; and
(4) Request that any unlawful tenant be removed within one calendar day upon
confirmation of the owner's written affidavit.
(c) The affidavit provided for in subsection (b) of this Code section may be used in
dispossessory proceedings as provided in Code Section 44-7-50."
SECTION 2.
Said title is further amended by revising subsection (a) of Code Section 44-7-50, relating to
demand for possession, procedure upon a tenant's refusal, and concurrent issuance of federal
lease termination notice, as follows:
"(a) 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 and in all cases when lands or
tenements are held and occupied by any tenant at will or sufferance, whether under contract
of rent or not, when the owner of such lands or tenements desires possession of such lands
or tenements, such owner may, individually or by an agent, attorney at law, or attorney in
fact, demand the possession of the property so rented, leased, held, or occupied. If the
tenant refuses or fails to deliver possession when so demanded, the owner or the agent,
attorney at law, or attorney in fact of such owner may immediately go before the judge of
the superior court, the judge of the state court, or the clerk or deputy clerk of either court,
or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject
matter, or a magistrate in the district where the land lies and make an affidavit under oath
to the facts. The affidavit as provided in Code Section 44-2-4.1 may also be the basis to
demand the possession of the property. Such affidavit may likewise be made before a
notary public."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 415 would let a property owner file a sworn affidavit with the superior court declaring the property is not rented, allowing faster removal of an occupant claiming tenant status.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2025-02-12)
- Last action: House Second Readers (2025-02-18)
- Sponsors: Todd Jones, Devan Seabaugh, Carter Barrett, Jesse Petrea, John Corbett, Noel Williams
- Official page: https://www.legis.ga.gov/legislation/70256
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb415.md?full=1