Título 16. CRIMES AND OFFENSES · Capítulo 7. DAMAGE TO AND INTRUSION UPON PROPERTY · Artículo 2. CRIMINAL TRESPASS AND DAMAGE TO PROPERTY · Parte 1. GENERAL PROVISIONS
16-7-21.1. Unlawful squatting.
Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.
El texto siguiente es la ley tal como la imprime el estado, en inglés.
- (a)
- (1)
A person commits the offense of unlawful squatting when he or she enters upon the land or premises of another and resides on such land or premises for any period of time knowingly acting without the knowledge or consent of the owner, the rightful occupant, or an authorized representative of the owner. As used in this Code section, the term “resides” means to inhabit or live on or within any land or premises.#
- (2)
Any person who commits or is accused of committing the offense of unlawful squatting as provided for in paragraph (1) of this subsection shall receive a citation advising that he or she shall present to the head of the issuing law enforcement agency or its designee, within three business days of receiving the citation for such alleged offense, properly executed documentation that authorizes the person’s entry on such land or premises. Such documentation may include a properly executed lease or rental agreement or proof of rental payments.#
- (3)
If such person is unable to provide the documentation required by paragraph (2) of this subsection, such person shall be subject to arrest for unlawful squatting and, upon conviction thereof, shall be subject to the penalty provided in subsection (b) of this Code section.#
- (4)
If such person provides documentation that authorizes such person’s entry on the land or premises, a hearing shall be set within seven days of the submission of such documentation, and, if the court of appropriate jurisdiction finds that the submitted documentation was not properly executed or is not meritorious, such person shall be subject to demand for possession and removal as provided in Code Section 44-11-32, be subject to arrest and upon conviction penalties as provided for in Code Sections 16-9-1 and 16-9-2, and be assessed an additional fine based on the fair market monthly rental rate of the land or premises.#
- (b)
Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor which upon conviction shall be punished as provided in Code Section 17-10-3.#
History
Code 1981, § 16-7-21.1, enacted by Ga. L. 2024, p. 400, § 3/HB 1017, effective April 24, 2024; Ga. L. 2025, p. 1029, § 16(7)/SB 153, effective July 1, 2025.
Effective date
This Code section became effective April 24, 2024.
Amendments
The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, in paragraph (a)(1), inserted “the” following “owner,” in the first sentence and substituted “As used in” for “For the purposes of” at the beginning of the second sentence; in paragraph (a)(2), substituted “he or she shall” for “they must” and “its designee,” for “their designee” and inserted a comma following “alleged offense” in the first sentence; in paragraph (a)(3), inserted a comma following “and” and inserted “thereof, shall be subject”; in paragraph (a)(4), substituted “provides” for “does provide” near the beginning, substituted “such documentation, and if”, (due to multiple instances of “documentation” and “and” in paragraph (a)(4)) inserted “of appropriate jurisdiction”, and deleted “shall” preceding “be assessed”; and, in subsection (b), substituted “punished” for “punishable”.
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.’”
Code Commission notes
Pursuant to Code Section 28-9-5, in 2024, Code Section 16-7-21.1, as enacted by Ga. L. 2024, p. 475, § 2/HB 827, was redesignated as Code Section 16-7-21.2.
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Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.
Texto leído de t16-ch7-11-(v14a)-pdf.pdf, Volumen V14A, edición 2018, suplemento de 2025, páginas 13 a 14; acción de fusión: added; SHA-256 del archivo 9c8d97e7499f.