How to Remove a Squatter in Georgia: The Legal Process for Owners

In Georgia, removing someone who is living in your property without permission usually runs through the county Magistrate Court as a dispossessory (eviction) action, not a quick police escort. There are two big exceptions and changes to know. First, Georgia's Squatter Reform Act (House Bill 1017), effective July 1, 2024, created a faster path: an owner can file an affidavit with law enforcement, and the occupant generally has three (3) business days to produce documentation proving they are authorized to be there, or face a criminal charge for unlawful squatting. Second, for context on the worst-case timeline, Georgia's adverse possession period is 20 years of open, continuous possession (or 7 years under written color of title). This page is general information, not legal advice.

Trespasser vs. Squatter: Why the Difference Decides Everything

The single most important question Georgia owners ask is "why won't the police just remove this person?" The answer is about whether the occupant has established occupancy.

• A trespasser is someone caught entering or briefly on your property who has not settled in. This is a criminal matter, and law enforcement can act on it.
• A settled squatter or holdover occupant is someone who has moved in, kept belongings there, received mail, or otherwise looks like a resident. Officers responding to a call often see a "civil dispute" and tell you to go to court, because they cannot easily tell on the spot who has a right to be there.

Before the 2024 reform, this gray zone forced almost every settled-occupant case into civil eviction. The new affidavit process narrows that gap, but officers still use judgment, and a person who claims any kind of permission or lease can push the dispute back into civil court.

The Georgia Squatter Reform Act (HB 1017) Path

The 2024 law gives owners a criminal-side option that did not clearly exist before. In general terms:

• The owner or authorized agent files a sworn affidavit stating the person is occupying the property without authorization.
• The occupant is given the chance to present documentation, typically within about three business days, showing a lease, rental agreement, or other proof of permission to be there.
• If no valid documentation is produced, the person can be charged with unlawful squatting, and a process exists to require them to leave or face penalties.
• If the occupant produces a lease or other document, the matter usually shifts back to civil eviction, because a court then has to sort out whether that document is valid.

Because this law is recent and the exact steps can vary by county sheriff and local practice, confirm the current procedure with your county before relying on it.

The Civil Route: A Dispossessory in Magistrate Court

When the occupant claims a tenancy, a former lease, or any color of permission, the reliable route is a dispossessory proceeding under Georgia's landlord-tenant statute (the dispossessory provisions in O.C.G.A. Title 44, Chapter 7). The general sequence is:

• Demand for possession. You make a demand that the person leave. For a holdover or at-sufferance occupant, this is the trigger to file.
• File a dispossessory affidavit in the Magistrate Court of the county where the property sits. The court has the occupant served.
• The occupant's answer. Georgia typically gives a short window (often seven days from service) to answer. If they answer, the court sets a hearing; if they do not, you may seek a default writ.
• Hearing and judgment. If you prevail, the court issues a writ of possession.
• The lawful lockout. Only after the writ issues, and usually after a short waiting period, can the sheriff or marshal carry out the removal. Owners may not change locks, shut off utilities, or remove belongings themselves; "self-help" eviction is unlawful in Georgia and can expose you to liability.

Ejectment and the True Owner's Remedy

If the person never had any landlord-tenant relationship with you at all, an owner may instead pursue an ejectment action in Superior Court to establish title and recover possession. This is more involved than a dispossessory and is where a Georgia real estate attorney earns their fee, especially if the occupant raises an adverse possession claim.

Adverse Possession: The 20-Year Backdrop

Owners worry that a squatter can "own" the home by staying. In Georgia this takes a long time. The general rule is 20 years of possession that is actual, open, notorious, continuous, and hostile. Under written color of title the period drops to 7 years. A weekend or even a few months of squatting does not transfer ownership, but it is a reason to act promptly rather than letting occupancy harden.

When to Get Help

Consider a Georgia landlord-tenant attorney or legal aid when the occupant produces a lease (real or forged), claims they paid you or a previous owner, raises adverse possession, or when the property is inherited or recently purchased and the chain of title is messy. Even a single consultation can keep you from an unlawful self-help mistake that costs more than the eviction itself.

Landlord-tenant rules change, and cities and counties can add their own requirements, so confirm the current Georgia statutes and your county's Magistrate Court and sheriff procedures, or consult a Georgia attorney, before you act.