Squatters’ rights might sound like an outdated concept, but they remain a critical and often misunderstood part of modern property law. For property owners in Georgia, dealing with squatters can be both frustrating and complex. This guide outlines your legal rights and walks you through the process of evicting a can a squatter be evicted while staying compliant with state laws.
Who Are Squatters?
A squatter is someone who unlawfully occupies a property without the owner’s permission. Squatters aren’t tenants; they don’t pay rent, they don’t have a lease agreement, and their presence on the property is unauthorized. However, if you’re in Georgia, understanding the law is crucial because squatters can sometimes gain legitimate rights to the property under adverse possession laws.
Georgia law states that if a squatter occupies a property for at least 20 continuous years without the owner’s permission, they may legally claim ownership through adverse possession. This makes it especially important for property owners to act promptly when dealing with squatters.
The Legal Eviction Process in Georgia
Evicting a squatter in Georgia involves following a strict legal process. Skipping steps or taking matters into your own hands can lead to complications or even legal consequences. Here’s an outline of the process:
1. Confirm That the Individual is a Squatter
Before taking legal action, ensure the individual in question is a squatter and not a tenant with an expired lease or a guest overstaying their welcome. Determining their status matters because eviction procedures differ depending on these circumstances.
2. Notify the Authorities
If you believe someone is trespassing on your property, contact local law enforcement immediately. They will investigate whether the individual is unlawfully occupying your property. If the police determine the person is trespassing, they may remove them. However, if the individual has been living on the property for some time, civil action may be required.
3. Serve a Written Notice
To begin the eviction process, notify the squatter in writing. Include a clear deadline for vacating the property. While Georgia law does not have a specific notice period for squatters, a 30-day notice is often reasonable and aligns with standard eviction practices.
4. File an Eviction Lawsuit
If the squatter refuses to leave after receiving written notice, you’ll need to file a formal eviction lawsuit, known as a “dispossessory warrant,” with your local magistrate court. The court will schedule a hearing where both parties can present their case. It’s wise to have legal representation during this stage to ensure your rights are protected.
5. Obtain a Court Order
If the court rules in your favor, you’ll receive a writ of possession, allowing you to take legal steps to remove the squatter. Present this court order to the local sheriff’s department, which will oversee the removal process.
6. Secure Your Property
Once the squatter vacates, secure your property to prevent future unauthorized entry. Consider changing locks, installing security measures, and conducting regular inspections of vacant properties.
Protecting Yourself from Squatters
Prevention is always better than eviction. To minimize the risk of squatters occupying your property:
- Regularly inspect vacant properties: Routine check-ups allow you to spot and address unauthorized occupancy early.
- Install security systems: Cameras, motion detectors, and alarm systems can deter potential squatters.
- Clearly mark your property: Signs such as “No Trespassing” can serve as visible warnings.
Final Thoughts
Evicting a squatter in Georgia is a process that requires patience, diligence, and an understanding of the law. Always follow the legal framework to avoid complications or liability. If you’re unsure about any step in the process, consult a legal professional specializing in property or real estate law.
By acting promptly and abiding by Georgia’s laws, you can protect your property rights and ensure that your assets remain secure.