Gov. Kemp Declares War on Squatters: Georgia to Introduce Stricter Penalties and Faster Eviction

AP Photo/Megan Varner, File

Georgia Gov. Brian Kemp is set to sign a bill aimed at protecting the property rights of Georgians who might fall victim to squatters. The bill would punish those who set up residence in homes or buildings that belong to another.

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During a recent appearance on “Fox & Friends,” Gov. Kemp announced that he would be signing the bill on Wednesday. The law would empower property owners to file lawsuits against squatters while also streamlining the eviction process.

"Unfortunately, bad actors have figured out ways to take advantage of this, exploit, really the process that goes through the local government. So we’re passing legislation that I’m going to sign right after this interview to stiffen the penalties, to go after these folks, to also speed up the eviction process. But, also, allow the property owner to go after these squatters for damages," Kemp said.

Fox News' Ainsley Earhardt said squatting would become a misdemeanor criminal defense, punishable by a year in jail, under the new law. She added that squatters could face a $1,000 fine, sometimes in addition to possible jail time, and if they forge a fake lease, they could be charged with a felony.

Kemp referred to the idea that people could “take over somebody’s home” as “insanity. He asserted that the squatting trend occurring across the country reflects “the lawlessness that’s gone on under the Biden administration.”

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Georgia’s legislation is similar to a law passed in Florida to prevent squatters from victimizing property owners. Kemp addressed the absurdity of the idea of squatter’s rights.

“I mean, look, it's insane that this even happens to start with. But then when you can't remove these people from your own property, as a property owner myself, it goes to the insanity of the world that we're living in now. I know that Governor DeSantis isn't going to put up with that, and neither are we. Looking forward to signing the legislation today.”

Georgia lawmakers passed the bill in the House in March. Not only will it allow property owners to sue offenders but squatters could also face criminal charges.

Atlanta has been at the center of the national conversation about the practice, and Georgia lawmakers have taken notice.

In March, they passed House Bill 1017, the Georgia Squatter Reform Act, making it easier for homeowners and landlords to remove people who are staying on their properties without permission. The bill awaits Gov. Brian Kemp’s signature.

Marietta Republican Rep. Devan Seabaugh, the House sponsor, said the legislation would fix antiquated laws protecting squatters. Without the bill, it is difficult for homeowners to eject people who enter vacant properties, change the locks, and claim ownership or tenancy. He said the bill will make it quicker and easier for landlords and homeowners to wrest back control of their properties.

“Right now, squatters are treated like tenants of a property and they’re not tenants — they’re criminals and they’re intruders,” he said.

If signed into law, the amendments would make squatting a misdemeanor offense. Seabaugh said eviction backlogs in the civil courts mean it can take months to resolve cases.

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The trade group National Rental Home Council has tracked 1,200 complaints of trespassing among its members in the Atlanta area.

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