04/25/2024
Yesterday was a HUGE day for private property rights in Georgia. Governor Brian Kemp signed two of our REALTOR® priority bills into law.
1️⃣ House Bill 1017, also known as the Georgia Squatter Reform Act, sponsored by Representative Devan Seabaugh, is the product of months of work and collaboration between state legislators and the GAR lobby team to address the growing trend of squatting, especially in the Metro Atlanta area. Under previous laws, law enforcement was limited in how they could remove squatters from a property, and their hands were further tied when the squatters produced fake leases stating they were legal tenants. This led to months in superior court and thousands of dollars in legal fees. HB 1017 adds the crime of squatting to the criminal trespass statute, punishable by arrest and a heavy fine. It also moves the cases from superior court to magistrate court, and it removes the requirement for a trial by jury. The property owner will also be able to sue the squatter for damages to the property and to try to recover the lost rent. All of these changes are meant to increase penalties and speed up the process for a property owner to remove a squatter!
2️⃣ House Bill 1203, sponsored by Representative Trey Kelley, was also signed into law yesterday. This bill will authorize local law enforcement to create a list for landlords to use certain off-duty sheriffs, constables, or marshals to execute writs of possession. Currently, the Superior Court system is so backlogged, it is taking 6-9 months to process an eviction. This will allow us to take some of the pressure off of the Superior Court System and provide much needed relief to property owners.
