Bottom Line Up Front:
Yes, police in Georgia can now remove squatters, but you must stop calling them "tenants." Under the Georgia Squatter Reform Act (HB 1017), effective April 2024, unauthorized occupants are classified as criminal trespassers. HB 1017 amends O.C.G.A. § 16-7-21.1 and O.C.G.A. § 44-11-30, shifting squatter removal from civil dispossessory court to criminal magistrate jurisdiction.
The law creates a strict 3-day timeline: File an affidavit → Police issue citation → Squatter must produce a lease within 3 business days or face immediate arrest. However, a word of caution: if a squatter has moved in heavy furniture and appears non-transient, responding officers may still push you toward the traditional civil eviction process to avoid liability.
Can Police Remove Squatters in Georgia? The 2026 Landlord's Field Guide
We see it weekly at ASAP Cash Offer: A property owner in Georgia finds a stranger living in their vacant rental, calls 911, and the officer shrugs: "Sorry, it's a civil matter."
That "civil matter" designation was the loophole that allowed squatters to live rent-free for 6 to 12 months. However, we have actively used the new HB 1017 laws to bypass this deadlock. The key is understanding that squatting is no longer a civil dispute—it is a crime.
HB 1017: The Legal Shift
In response to a wave of viral squatting cases in Atlanta, the Georgia General Assembly passed HB 1017 (The Georgia Squatter Reform Act). This legislation fundamentally shifts the jurisdiction of squatting from civil court to criminal enforcement.
A person who enters or remains on a property without the owner's consent is now guilty of Unlawful Squatting, a misdemeanor of a high and aggravated nature. If they present a fraudulent lease to delay removal, it escalates to a felony.
How Georgia Police Remove Squatters: The 3-Day Protocol
The new law is not automatic. Police will not kick someone out just because you call 911. You must trigger the process by filing specific paperwork that legally defines the occupant as an "Intruder" rather than a "Tenant."
"I just walked a distressed property in DeKalb County (Stone Mountain). The squatters had bypassed the new smart locks by prying the rot-compromised back door frame. Neighbors reported seeing a moving truck at 2 AM. Even with the HB 1017 citation taped to the door, the copper wiring was already stripped. This is the reality on the ground - the law is faster, but the physical damage happens instantly."
- Devon Wayne, Founder
MAGISTRATE COURT - AFFIDAVIT OF PROPERTY OWNER
*Visual representation of the critical selection on the standard GA Magistrate Affidavit form.
You must go to your county Magistrate Court. Do not file a standard Dispossessory Warrant (eviction). Ask specifically for the "Affidavit of Property Owner" or "Proceedings Against Intruder" form (O.C.G.A. § 44-11-30).
The Sheriff or Marshal serves the Affidavit of Property Owner, which the Magistrate Court uses to establish jurisdiction over unlawful squatting under O.C.G.A. § 16-7-21.1. This is not a "30-day notice." It is a criminal citation giving them exactly 3 business days to present sworn testimony or a valid lease to the court.
Outcome A (Most Common): The squatter ignores the citation. On Day 4, you contact the Sheriff. They are authorized to arrest the occupant for criminal trespass and remove them immediately.
Outcome B (The Loophole): The squatter presents a lease (even a fake one). The police pause. A hearing is set within 7 days.
Why Affidavits Get Rejected (Our Data)
In our experience buying distressed properties across Georgia, we see these common errors cause delays:
- "My Tenant": Using the word "Tenant" anywhere on the form triggers the civil process.
- Accepting $1: Proving you accepted even a partial payment invalidates the "Intruder" claim.
- Heirs' Property: Filing as "Son of Deceased" without Temporary Letters of Administration attached often leads to immediate dismissal by the clerk.
The Courtroom "Go-Bag": What Georgia Police & Magistrate Courts Require
In many Georgia counties, particularly Fulton and DeKalb, court clerks are overworked and highly scrutinized. If you arrive without specific documentation, they may refuse to accept your affidavit or classify it incorrectly. We recommend preparing a physical folder with the following:
- Certified Copy of the Deed: A simple printout from the tax assessor's website is often rejected. Go to the Superior Court Clerk (Real Estate Division) and pay for a certified copy ($2-$5).
- Government-Issued ID: Must match the name on the Deed exactly. If you are an LLC manager, bring your Articles of Organization showing you are the authorized agent.
- Utility Bills: Bring recent water or power bills in your name for the property address. This proves you are the financially responsible party, while the intruder has no accounts.
- Police Report Numbers: If you have called 911 previously, print the "CAD Report" or bring the Case Number. This establishes a history of unauthorized entry.
- Photos of Vacancy: If you have dated photos showing the home was empty before the intruder arrived (e.g., from a listing agent or inspection), bring them printed in color.
Pro Tip: Do not rely on digital copies on your phone. Courthouses often prohibit cell phone use or have poor signal. Bring physical paper copies of everything.
Inside the 7-Day Squatter Hearing (Georgia Magistrate Court)
If the squatter produces a document (even a napkin with "Lease" written on it), the police must pause enforcement. Under HB 1017, a hearing is scheduled within 7 days. Here is what happens inside that courtroom:
1. The Burden of Proof Shift
In a typical eviction, the landlord must prove non-payment. In an Intruder hearing, the burden shifts. Once you prove ownership (via Deed), the intruder must prove they have a legal right to be there. They must present a valid lease or proof of rent payments.
2. The "Fake Lease" Defense
Judges are increasingly savvy to downloaded internet lease templates. They will look for:
- Missing Owner Signatures: Does the signature match your actual signature?
- Incorrect Owner Names: Squatters often check tax records and use the previous owner's name.
- Cash Receipts: Judges rarely accept handwritten "cash rent receipts" without corresponding bank deposits or text messages confirming payment.
3. The Verdict
If the judge finds the document is fraudulent, the squatter isn't just evicted. They can be handcuffed in the courtroom and charged with False Swearing (Felony). This high-stakes penalty is often enough to make squatters skip the hearing entirely, resulting in a Default Judgment for you.
The "Accidental Tenant" Trap That Disqualifies You From HB 1017
This is the most critical section of this guide. HB 1017 is powerful, but it is fragile. It only applies to true intruders. If you accidentally treat the squatter like a tenant, you lose your right to use the criminal statute.
- You ever accepted "partial rent" or "cash for keys" from them.
- You had a verbal agreement (e.g., "Just stay for a week").
- They are a former tenant who stayed after the lease expired (Holdover Tenant).
If any of the above apply, the person is legally a "Tenant at Sufferance." If you file a criminal intruder affidavit against a Tenant at Sufferance, you can be charged with False Swearing (O.C.G.A. § 16-10-71), which carries a prison sentence of 1 to 10 years.
County-by-County: How Fulton, DeKalb, Cobb & Gwinnett Enforce HB 1017
While state law is uniform, enforcement varies wildly by county. Here is what we see on the ground in the metro Atlanta area:
Watch: Georgia Governor Signs Squatter Reform Act
Source: 11Alive News - Confirming the shift from civil to criminal jurisdiction.
Fulton County
Location: 185 Central Ave SW, Atlanta, GA 30303
The Reality: Fulton County Magistrate Court processes HB 1017 affidavits through its Warrant Division, but docket overcrowding often delays hearings. Even with the 7-day mandate in HB 1017, hearing dates often slip. The Marshal's department handles service here.
Resource: Fulton Magistrate Warrant Division
DeKalb County
Location: 556 N McDonough St, Decatur, GA 30030
The Reality: DeKalb requires very specific language on affidavits. If you check the wrong box ("Failure to Pay Rent" vs. "Intruder"), the judge will throw out the case, forcing you to restart. They are strict on the "Tenant at Sufferance" distinction.
Resource: DeKalb Magistrate Court
Cobb & Gwinnett Counties
The Efficiency: These counties generally process HB 1017 citations faster. The Sheriff's departments here are more aggressive in executing removal orders once the 3-day window expires.
Resources: Cobb Magistrate Court (32 Waddell St, Marietta) | Gwinnett Magistrate Court (75 Langley Dr, Lawrenceville)
The Cost Analysis: Eviction vs. Selling
Many owners assume that once the law is on their side, the problem is free to fix. This is rarely true. Even with the expedited process, costs pile up—especially if the squatter damages the home out of spite before leaving.
Georgia Squatter Eviction Cost vs. Selling As-Is
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The "Aftermath": Securing Your Home Post-Removal
The most dangerous moment for your property is the 24 hours after the police remove the intruder. Squatters frequently return the same night to retaliate or re-occupy. Once they are back inside, you often have to start the legal process over from scratch.
How to Secure a Property After Squatter Removal in Georgia
1. Immediate Hardening
Do not just change the locks. Squatters who have lived there know which windows are unlocked or which doors have weak frames.
- Install Steel Security Screens: If the property will remain vacant for repairs, consider temporary steel screens (like those from VPS) to prevent window entry.
- Change the Deadbolts immediately: Ensure you use Grade 1 or 2 deadbolts with reinforced strike plates.
2. The "Occupied" Look
A dark, silent house is a target.
- Cellular Alarm System: Install a battery-powered alarm (like SimpliSafe or Ring) that runs on cellular data, as squatters likely cut the Wi-Fi/Phone lines.
- Lighting: Put internal lights on timers. A well-lit house signals activity.
"Securing a property post-removal is a race against the clock. Just last month in Gwinnett County, our crew finished boarding up a house at 4 PM, and neighbors caught the same squatters trying to pry off the steel screens by 9 PM. If you don't harden the property immediately, you'll be back at the Magistrate Court on Monday."
- Devon Wayne, Founder
How to Talk to Police (When They Refuse to Help)
If you call the police and say, "My tenant won't leave," you have failed. The word "tenant" triggers the civil protection protocols. You must use the correct legal terminology to force them to acknowledge the criminal nature of the complaint.
I have filed the required Affidavit of Property Owner with the Magistrate Court asserting this person is an intruder with no legal right to the premises. Under Georgia law, this requires a citation to be issued, not a civil eviction referral."
Georgia Squatter Myth-Busting
Myth 1: "They have rights after 30 days."
Fact: False. Tenancy under Georgia law is established by consent and rent, not duration of occupancy — a squatter remains a criminal trespasser regardless of time on the property.
Myth 2: "If they get mail there, they live there."
Fact: False. Receiving mail does not create a lease. It is a common tactic used by squatters to confuse police, but it does not override the Deed or the lack of a rental agreement in court.
Myth 3: "I can just throw their stuff on the curb."
Fact: Dangerous. While you can remove the person criminally, Georgia's bailment laws regarding property are strict. You generally have a duty to safeguard their items for a reasonable period or follow the Sheriff's writ process to avoid a civil lawsuit for "Conversion" (theft).
Frequently Asked Questions
Can I turn off utilities to get them out?
No. This is known as "Constructive Eviction." Even with the new squatter laws, turning off water, power, or heat is illegal in Georgia and can result in you being fined or sued by the squatter. You must wait for the Writ of Possession.
What if they leave their furniture behind?
This is the "Bailment" trap. If you throw their items on the curb without a Writ of Possession, you can be sued for theft (Civil Conversion). You generally must store items for 30 days or hire the Sheriff to execute a full clean-out.
Does this law apply to commercial property?
Yes, O.C.G.A. § 16-7-21.1 applies to "land or premises," covering both residential and commercial real estate.
Does the 3-day rule apply to Heirs' Property?
It is difficult. Police require the affidavit to be signed by the authorized owner. If the owner is deceased, you generally need Temporary Letters of Administration from the Probate Court to prove you have the authority to act. Without this, police often view it as a "family civil dispute" and refuse to intervene.
About the Author: Devon Wayne
Devon Wayne is the Founder of ASAP Cash Offer. With over a decade of experience buying distressed properties across Georgia, Devon specializes in navigating complex real estate challenges, including squatter removals, title issues, and heavily damaged homes.
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