Georgia Commons

House · Engrossed · 2025-2026 Regular Session

HB 61: Motor vehicles; issuance of separate license plates for hearses and ambulances; provide

Last action March 31, 2026 · House Tabled

A Senate substitute to HB 61, retitled the Georgia Anti-Squatting Act of 2026, would rewrite Georgia's squatting and eviction laws, giving property owners a fast law enforcement removal process and toughening penalties for using fake lease documents.

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In plain language

Although HB 61 was originally about license plates for hearses and ambulances, the Senate replaced its content entirely with the Georgia Anti-Squatting Act of 2026. The bill rewrites Georgia's unlawful squatting law (O.C.G.A. § 16-7-21.1), requires magistrate courts to handle squatting cases and creates a new fast-track removal process for property owners. Under the new process, a property owner can submit a sworn complaint to the sheriff or another certified peace officer asking for immediate removal of unauthorized occupants, without going through a full eviction lawsuit, as long as conditions like no pending lease dispute are met. The bill also changes innkeeper-guest rules, shortens the deadline for sheriffs to execute eviction writs from 14 to 7 days, seals certain dispossessory court records after a tenant wins or after three years, and makes using a fake lease or deed to claim occupancy a felony punishable by one to five years in prison. It would take effect immediately if signed by the Governor.

What the bill does

  • Creates a new fast-track process (O.C.G.A. § 44-11-34) letting property owners get sheriffs to immediately remove unauthorized occupants after filing a sworn complaint.
  • Rewrites the unlawful squatting misdemeanor law (O.C.G.A. § 16-7-21.1), removing the old citation-and-documentation process and adding a restitution requirement based on fair market rent.
  • Makes knowingly presenting a fake lease or deed to claim occupancy a felony with a mandatory one to five year prison sentence that cannot be suspended or probated.
  • Shortens the time a sheriff has before a landlord can hire an off-duty officer to execute an eviction writ, from 14 days to 7 days.
  • Requires courts to seal dispossessory (eviction) case records from public view once a tenant wins, satisfies a settlement, or three years pass.
  • Adds new rules for innkeepers, including a 10-day written notice requirement before removing long-term guests who have stayed more than 90 days.

Who it affects

Real property owners and landlords, tenants and occupants facing removal, sheriffs and other certified peace officers who carry out removals, magistrate court judges, hotel and motel innkeepers and their guests, and anyone accused of unlawful squatting or lease fraud in Georgia.

Why it matters

Property owners would gain a quicker way to remove unauthorized occupants without a lengthy court eviction process, while people accused of squatting would face faster removal and a possible felony charge for using fake lease paperwork. Tenants who win eviction cases would also get more privacy through sealed court records.

Key provisions

  • Section 2 and 3 give magistrate courts jurisdiction over unlawful squatting cases and the new removal proceedings under O.C.G.A. § 44-11-34.
  • Section 4 rewrites O.C.G.A. § 16-7-21.1, dropping the prior three-day documentation window and instead making violation a misdemeanor with restitution based on fair market rent.
  • Section 6 requires courts to make dispossessory case records unavailable to the public once the tenant prevails, a settlement is fulfilled, or three years pass.
  • Section 7 cuts the writ-of-possession execution deadline from 14 to 7 days before a landlord can hire an off-duty certified officer, and adds officer-safety notice requirements.
  • Section 8 creates O.C.G.A. § 44-11-34, letting property owners file a sworn 'Complaint to Remove Persons Unlawfully Residing' with law enforcement for immediate removal, subject to seven listed conditions.
  • Section 8 also makes knowingly presenting a fraudulent lease or deed a felony with a mandatory minimum sentence of one to five years, non-suspendable and non-probatable.
  • Section 8 creates a civil cause of action for wrongful removal, allowing recovery of triple the fair market rent plus damages, court costs, and attorney's fees.
  • Section 9 makes the Act effective immediately upon the Governor's signature or becoming law without signature.

From the bill

The General Assembly finds that the right to exclude others from entering, and the right to direct others to immediately vacate, real property are the most important real property rights.

States the legislature's stated rationale for creating the new removal process.

Any person who, with the intent to remain or reside upon real property, knowingly and willfully presents to another person a false document purporting to be a valid lease agreement, deed, or other instrument conveying real property rights commits a felony

Defines the new felony for using fake lease or ownership documents to squat.

A court of competent jurisdiction shall order all records of the court relating to a dispossessory proceeding to be made unavailable to the public when the tenant has prevailed

Requires eviction court records to be sealed under specified conditions.

Status timeline

  1. 2026-03-31House Tabled (House)
  2. 2026-03-20Senate Passed/Adopted By Substitute (Senate)
  3. 2026-03-20Senate Third Read (Senate)
  4. 2026-02-03Senate Committee Favorably Reported By Substitute (Senate)
  5. 2026-01-12Senate Recommitted (Senate)
  6. 2025-03-27Senate Read Second Time (Senate)
  7. 2025-03-25Senate Committee Favorably Reported By Substitute (Senate)
  8. 2025-02-12Senate Read and Referred (Senate)
Show full history (14 actions)
  1. 2025-02-11House Passed/Adopted (House)
  2. 2025-02-11House Third Readers (House)
  3. 2025-02-04House Committee Favorably Reported (House)
  4. 2025-01-17House Second Readers (House)
  5. 2025-01-16House First Readers (House)
  6. 2025-01-15House Hopper (House)

Sponsors

  • Devan Seabaugh (R, HD-034)Primary sponsor
  • Lauren McDonald (R, HD-026)
  • John Corbett (R, HD-174)
  • Danny Mathis (R, HD-133)
  • Clint Crowe (R, HD-118)
  • Shawn Still (R, SD-048)

Votes

  1. PassedHouse voteFebruary 11, 2025

    165 yea, 0 nay (7 not voting, 8 absent)

    Passage: House Vote #21

  2. PassedSenate voteMarch 20, 2026

    29 yea, 21 nay (0 not voting, 4 absent)

    Motion For The Previous Question: Senate Vote #766

  3. FailedSenate voteMarch 20, 2026

    24 yea, 26 nay (0 not voting, 4 absent)

    Adoption Of Amend #1a By Sen From The 14th To Amend #1 By Sen From The 14th: Senate Vote #767

  4. FailedSenate voteMarch 20, 2026

    22 yea, 28 nay (0 not voting, 4 absent)

    Adoption Of Amendment #1 By The Senator From The 14th: Senate Vote #768

  5. PassedSenate voteMarch 20, 2026

    32 yea, 18 nay (0 not voting, 4 absent)

    Passage By Substitute: Senate Vote #769

Topics

  • squatting law
  • evictions
  • property rights
  • landlord-tenant law
  • law enforcement powers

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HB61: Motor vehicles; issuance of separate license plates for hearses and ambulances; provide | Georgia Commons