Georgia Commons

Senate · Introduced · 2025-2026 Regular Session

SB 184: "Georgia Anti-Squatting Act of 2025"; enact

Last action February 19, 2025 · Senate Read and Referred

Senate Bill 184 would rewrite Georgia's unlawful squatting law to let property owners and innkeepers use a sworn affidavit to get police to eject squatters or overstaying hotel guests within five days, while raising penalties for related forgery.

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In plain language

Georgia already has a crime called unlawful squatting, but this bill changes how it works. Under the new process, a property owner, rightful occupant, or their representative could sign a sworn affidavit before an officer stating that someone is occupying their land without permission and refuses to leave. Once filed, a sheriff, deputy, constable, or marshal would have five days to remove that person. A person cited for squatting would have to show proof of a lease or rental payments right when they receive the citation, not within three business days as before, and a court hearing on any submitted documents would happen within seven days. The bill also raises the crime to a misdemeanor of a high and aggravated nature, a more serious category with tougher sentencing, and adds a one year mandatory minimum prison term, with no suspension or probation allowed, for forgery connected to a squatting case. Separately, it rewrites Georgia's innkeeper law so hotels can use a similar affidavit and sheriff process to eject guests who overstay or lack a valid rental contract, and it shields sheriffs and property owners from liability for property loss during removal unless the removal itself was wrongful.

What the bill does

  • Creates an affidavit process letting an owner, occupant, or representative get a sheriff to eject an alleged squatter within five days of filing the sworn statement.
  • Requires a person cited for squatting to show lease or payment documentation immediately upon receiving the citation, instead of within three business days.
  • Raises unlawful squatting to a misdemeanor of a high and aggravated nature, a more serious charge with harsher sentencing under O.C.G.A. Section 17-10-4.
  • Adds a one year mandatory minimum prison sentence, with no suspension, probation, or deferral, for forgery tied to a squatting case (O.C.G.A. Section 16-9-2).
  • Shields sheriffs and property owners from liability for lost or damaged property during a squatter's removal unless the removal was wrongful.
  • Rewrites Georgia's innkeeper law to let hotels use the same affidavit and sheriff-ejectment process against guests who overstay or lack a valid rental contract.

Who it affects

Property owners and landlords dealing with unauthorized occupants, people accused of squatting who could face faster arrest and stiffer penalties, sheriffs and other certified law enforcement officers who must carry out ejectments, innkeepers and hotel guests covered by Georgia's innkeeper law, and anyone charged with forgery connected to a squatting case.

Why it matters

Property owners would get a faster, court-free path to remove unauthorized occupants using a sworn statement rather than a lengthy eviction case, while accused squatters would have less time to produce proof of a lease before facing arrest and a tougher misdemeanor charge with a mandatory prison term for related forgery.

Key provisions

  • Section 2 revises O.C.G.A. Section 16-7-21.1 so an owner's sworn affidavit obligates a sheriff or similar officer to eject an alleged squatter within five days of filing.
  • Section 2 removes the prior three-business-day window, requiring documentation proving lawful entry to be produced upon receiving the citation instead.
  • Section 2 sets a seven-day hearing deadline once documentation is submitted, and allows arrest, penalties, and a fair-market-rent fine if a court finds the documents improperly executed or not meritorious.
  • Section 2 reclassifies the offense as a misdemeanor of a high and aggravated nature, sentenced under O.C.G.A. Section 17-10-4 rather than 17-10-3.
  • Section 2 grants sheriffs and property owners immunity from liability for property loss or damage during removal unless the removal was wrongful.
  • Section 3 adds a new subsection to O.C.G.A. Section 16-9-2 imposing a mandatory minimum one year prison sentence for forgery connected to a squatting violation, with no suspension or probation.
  • Section 4 rewrites O.C.G.A. Section 43-21-3.2 to give innkeepers an affidavit-based ejectment process against guests whose stay has ended or who lack a valid contract, with sheriff removal within five days.
  • Section 4 lets a property owner or agent pay a sheriff a reasonable hourly rate to stand by while locks are changed and a guest's belongings are removed.

From the bill

it shall be the duty of the sheriff, sheriff's deputy, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council of the county where the property is located to eject such person within five days of receiving such affidavit.

This sets the new five-day deadline for law enforcement to remove an alleged squatter once an owner files a sworn affidavit.

A person who commits the offense of forgery in relation to a violation of Code Section 16-7-21.1 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to a mandatory minimum term of imprisonment of no less than one year

This creates a mandatory one year prison term for forgery connected to a squatting case, with no chance of probation.

Status timeline

  1. 2025-02-19Senate Read and Referred (Senate)
  2. 2025-02-18Senate Hopper (Senate)

Sponsors

  • John Albers (R, SD-056)Primary sponsor
  • Shawn Still (R, SD-048)
  • Bo Hatchett (R, SD-050)
  • Ed Setzler (R, SD-037)
  • Carden Summers (R, SD-013)
  • Marty Harbin (R, SD-016)

Topics

  • squatting law
  • property rights
  • tenant and landlord disputes
  • criminal penalties
  • hotel and innkeeper law

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SB184: "Georgia Anti-Squatting Act of 2025"; enact | Georgia Commons