How
homeowners can get their property back
By John Adams
Published February 20,
2024 7:34am EST
Real
Estate FOX
5 Atlanta
How
to deal with squatters in Georgia
You
can't just call the locksmith if a squatter moves into your empty house and
changes the locks. FOX 5 real estate expert John Adams explains to Buck Lanford
what homeowners can do if they're dealing with squatters.
Fox
5 real estate expert John Adams, based on "Nothing good ever happens in an
empty house!"
Those
are some words of wisdom from FOX his decades of experience as a Georgia
landlord and property manager.
But
what happens when somebody moves into your empty house, takes possession, and
changes the locks? The answer may surprise you because you can’t just call
the locksmith!
A
squatter is a person who is illegally residing on a property that they do not
own. Let’s say you own a rental property, and when the most recent renter
moved out, you hired a contractor to paint the interior. You put a
"for rent" sign in the front yard, and the contractor goes deer
hunting over the weekend.
But
what happens when somebody moves into your empty house, takes possession, and
changes the locks? The answer may surprise you because you can’t just call
the locksmith!
A
squatter is a person who is illegally residing on a property that they do not
own. Let’s say you own a rental property, and when the most recent renter
moved out, you hired a contractor to paint the interior. You put a
"for rent" sign in the front yard, and the contractor goes deer
hunting over the weekend.The squatter sees the sign, finds that the house is
vacant, and discovers the back door unlocked. He visits the hardware
store, changes out the door locks, and moves in, claiming to be the new renter.
If a squatter moves
into your empty house and changes the locks, you can try to call the police and
have them arrested for trespassing, but the local authorities usually won’t get
involved just because you say the person is a squatter. Remember that the
squatter is telling the same police that they have a legal right to be on the
property.
Even
if that is a bald-faced lie, the police are not in a position to hear both
sides of the matter and make a judgment. In Georgia, that duty falls to
judges in the county where the property is located.
You
also can't just change the locks or install new ones. That is called a
"self-help" eviction and is illegal in Georgia. If you turn off the
utilities, that is also considered a self-help eviction, and landlords who
perform self-help evictions can face fines, criminal charges, and even jail
time.
The
tenant may also be able to sue the landlord for damages, including the cost of
finding a new place to live and any property that was damaged or destroyed
during the eviction.
So
if you encounter a squatter in Georgia, here's what Adams says you can do to
get your property back.
There
is a specific Georgia code, Section 44-11-30, that empowers homeowners to
reclaim their property from intruders who wrongfully occupy it. Understanding
this code and its provisions can help Georgia homeowners take action against
unwelcome occupants.
The
U.S. Marshals came out to one metro Atlanta house to make an arrest on a
parallel investigation connected to a squatting case.
Step
1: Affidavit of Intruder
The
owner must first create and get notarized an affidavit of intruder, which lays
out a good-faith claim that the squatter has no legal claim to the property.
Step
2: Present affidavit to the county sheriff
Georgia
law does not empower police departments to remove squatters, but it does allow
the local sheriff to do so.
Step
3: The sheriff serves the affidavit on squatter
Most
Georgia sheriffs are unfamiliar with OCGA 44-11-30 and are often reluctant to
get involved. Yes, it is their job, but they probably don’t want to do
it.
Step
4: Sheriff evicts squatter on the spot
Unless
the squatter presents the sheriff with a counterclaim affidavit, the sheriff is
supposed to force the squatter to leave the property immediately and allow the
owner to reclaim occupancy on the spot.
In
actuality, the sheriff often stalls the procedure, preferring that the owner
pursue a standard dispossessory procedure through the local courts. In
that case, the sheriff is simply following an order of the court, not having to
make a decision.
A
savvy squatter can likely extend the eviction process for 60 to 90
days. In the meantime, he or she is living rent-free at your expense.
So
why is this allowed to happen? Adams says the COVID-19 pandemic threw a monkey
wrench into Georgia eviction courts. Evictions were prohibited under
federal law. Once the courts reopened, they were clogged beyond capacity,
and many local sheriffs, especially in metro Atlanta, claimed to be overworked
and understaffed. Some are just plain lazy.
Adams
recommends anyone who may have a house that is going to be vacant for any
length of time install a motion-sensor burglar alarm with an ear-shattering
siren in the attic. Because the squatter is caught before they move in
with furniture and appliances, local police are much more likely to recognize
the squatter as an intruder, regardless of what they may say. This has become a
real problem, especially in metro Atlanta. In response, legislators will
get to vote on The Georgia Squatter Reform Act. The proposed law makes it clear
that squatting is a crime to be handled by police. House Bill 1017 says to
squatters, "No more freeloading, no more free rides."
Atlanta
native John Adams has been a real estate broker and investor in residential
real estate for the past four decades.
https://www.fox5atlanta.com/opinion/squatters-in-georgia-how-homeowners-can-get-their-property-back
Florida Ends Squatters
Scam
Governor DeSantis Signs Legislation to End the Squatters Scam in
Florida
On March 27, 2024, in News Releases, by Staff
ORLANDO, Fla.—Today, Governor Ron DeSantis signed
HB 621, which protects property rights, provides homeowners remedies against
squatting, and increases penalties on squatters.
“We are putting an end to the squatters scam in Florida,” said Governor Ron DeSantis.
“While other states are siding with the squatters, we are protecting property
owners and punishing criminals looking to game the system.”
“Florida is once again leading the nation, this time in securing
our state against squatters,” said Attorney
General Ashley Moody. “Biden has allowed millions of illegal
immigrants to flood across the border. After video evidence of their plan to
take over homes emerged, we’re ensuring Floridians are protected from this
egregious and brazen scheme. I’m grateful to Governor DeSantis for signing this
important legislation into law, and to Representative Kevin Steele for carrying
this bill through Session.”
Under HB 621, a property owner can request law enforcement to
immediately remove a squatter from their property if the following conditions
are met:
The individual has unlawfully entered and remains on the property;
The individual has been directed to leave the property by the
owner but has not done so; and
The individual is not a current or former tenant in a legal
dispute.
In Florida, it will be quick and simple to reclaim your home from
squatters, avoiding costly delays, litigation, and missed rents.
HB 621 also creates harsh penalties for those engaged in squatting
and for those who encourage squatting and teach others the scam. The bill makes
it:
A first-degree misdemeanor for making a false statement in writing
to obtain real property or for knowingly and willfully presenting a falsified
document conveying property rights;
A second-degree felony for any person who unlawfully occupies or
trespasses in a residential dwelling and who intentionally causes $1,000 or
more in damages; and
A first-degree felony for knowingly advertising the sale or rent
of a residential property without legal authority or ownership.
https://www.flgov.com/2024/03/27/governor-desantis-signs-legislation-to-end-the-squatters-scam-in-florida/#:~:text=ORLANDO%2C%20Fla.%E2%80%94Today%2C,%2C%E2%80%9D%20said%20Governor%20Ron%20DeSantis.
Comments
Georgia
and all other States need to pass this law to prevent Squatters from stealing
your home.
Norb Leahy, Dunwoody GA Tea
Party Leader
