Official Code of Georgia Annotated
Title 44. PROPERTY · Chapter 11. EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS · Article 2. PROCEEDINGS AGAINST INTRUDERS
44-11-30. Manner of ejecting intruders; affidavit; ejection by sheriff and other peace officers; counteraffidavit.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
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 the described land or tenement and that such land or tenement is in the hands of another named person who does not in good faith claim a right to such possession and yet refuses to abandon the same, 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 land or tenement is located, upon receiving such affidavit, to exhibit such affidavit to the person described as being in possession of such land or tenement 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 land or tenement. 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 such affidavit was exhibited.
History
Ga. L. 1853-54, p. 52, § 1; Code 1863, § 3979; Code 1868, § 4000; Code 1873, § 4072; Code 1882, § 4072; Civil Code 1895, § 4808; Civil Code 1910, § 5380; Code 1933, § 105-1501; Ga. L. 2024, p. 400, § 4/HB 1017, effective April 24, 2024; Ga. L. 2025, p. 1029, § 44(7)/SB 153, effective July 1, 2025.
Amendments
The 2024 amendment, effective April 24, 2024, rewrote this Code section. The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, substituted “deputy sheriff,” for “sheriff deputy,” twice in the first sentence and once in the last sentence.
Editor's notes
Ga. L. 2024, p. 400, § 1/HB 1017, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Georgia Squatter Reform Act.’”
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t44-ch8-17-(v32)-pdf.pdf, Volume V32, 2022 edition, 2025 supplement, pages 15 to 16; merge action: replaced; file SHA-256 41d663706f28.