As a property owner, squatters are an issue that you want to avoid at all costs. Squatters can acquire property ownership through a legal doctrine known as adverse possession. Different states have different requirements that a squatter must meet before making a claim of adverse possession.
As per Georgia state law, there are 2 steps that you must follow to successfully remove a squatter from your property.
As a property owner, it’s important to familiarize yourself with Georgia’s landlord-tenant law, Georgia adverse possession laws and squatter's rights in order to prevent someone else from taking over the legal possession of your real estate property. In this post, we’ll cover the rights that squatters have and how you can prevent them.
Who is Considered a Squatter?
Before you can understand the squatters’ law and the understanding of real estate law needed to protect your property from them, you must know who a squatter is. A squatter is someone that stays on a property without lawful permission from the owner. This means that, besides lacking ownership rights to the real estate property, they also don’t pay any rent to live there.
Is a Squatter a Trespasser?
You may be wondering: what's the difference between a squatter and a trespasser?
A trespasser is someone entering your rental property without your permission. This can happen in forms of crossing a boundary or entering a boundary. However, a sqautter is a person who occupies an unused property illegally. Squatters often live in the property for a longer period of time, sometimes with the intent of claiming ownership.
Who are Tenants at Sufferance?
Tenants at sufferance are usually referred to as holdover tenants. These are tenants that choose to continue living in the rental premises even after the term of their lease agreement expires. Unless the landlord sues them for unlawful detainer, they can continue living on the property at the landlord’s will. This also means that the landlord can evict them at any time without notice.
What are the Squatters’ Rights in Georgia?
As per Georgia adverse possession laws, after living on a property for a certain uninterrupted period of time, a squatter can make an adverse possession claim to the property. However, from April 24, 2024, Georgia laws have made it easier for landlords to remove illegal occupants from their premises.
In the state of Georgia, to make the adverse possession claim, a squatter needs to have stayed on the real estate property for at least 20 years. These 20 years need to be continuous (i.e. not interrupted for weeks or months) for the property's legal title to be changed.
However, with ‘color of title,’ that time can be reduced to just 7 years.
Color of title is a legal term that refers to a title that has significant defects in the written documents. This means that what seems like a valid title isn’t proper and therefore invalidates their claim to the property.
In Georgia, squatters must meet 5 distinct requirements in order to file for a legal adverse possession claim and the legal title of the property to be changed.
The Complexities of Adverse Possession Claims
Real adverse possession cases are often complex. Sometimes they even involve multiple generations of possessors and occupiers.
For this reason, not anyone that moves into an unoccupied, abandoned, or foreclosed property can establish legal ownership of the property. In reality, this is typically illegal and their trespassing may amount to a felony.
How to Protect Your Georgia Property from Squatters
The best way to avoid having to deal with squatters is to keep squatters from living on your property in the first place. There are several things you can do to accomplish this, including:
- Carrying out regular property inspections.
- Securing all entrances to the property. This may mean blocking the entrances, closing all doors, and making sure that windows and doors are properly locked.
- Posting signs that say ‘No trespassing. All trespassers will be prosecuted’.
- Beginning the formal eviction proceedings as soon as you find out there are squatters living in your property.
- Offering the squatter the legal documentation to rent the unit.
- Seeking the help of a court in evicting the squatters if they fail to honor the eviction notice.
- Hiring expert legal help before taking any drastic actions, such as attempting to self-evict the squatter.
- Hiring a reputable property management company to help find a desirable tenant for your property and make sure there are no squatters in your property at any time.
How to Remove Squatters
If there is a squatter already living in your Georgia real estate property, then you must begin the legal principle of a formal eviction process. This means serving the tenant with an eviction notice to leave the property. Georgia doesn’t specify the time limits of this notice; the period can be anywhere from 24 hours to 10 days.
If the squatter doesn’t move out after the expiry of the notice period, take the issue to court immediately and file a forceful detainer lawsuit. If your trial is successful, the court will direct the sheriff to conduct the eviction on your behalf.
Conclusion
At Avalon Property Management, we are well versed in Georgia state laws. We can help you handle all legal aspects of your property, including removing a squatter. Further, with our services, we’ll fill your vacancy and take care of your property so that you never face having squatters on your property. Contact us today to get started with our services or to learn more about Georgia adverse possession.
