Rep. Devan Seabaugh’s Legislation to Combat Illegal Squatting Passes House

State Representative Devan Seabaugh (R-Marietta) touts the Georgia House of Representatives’ recent passage of House Bill 1017, or the Squatter Reform Act. This legislation, sponsored by Rep. Seabaugh, would create the offense of unlawful squatting when someone enters and resides upon the land or premises of the owner without the owner or rightful occupant’s knowledge or consent.

“This bill amends the Official Code of Georgia so that the rightful and lawful owners of a property can expeditiously remove an intruder, also known as a squatter, from their property,” said Rep. Seabaugh. “This bill is needed because for property owners in Georgia, squatters are occupying their property, which presents a very difficult and expensive legal problem as the law currently stands. We have homeowners tied up in court for eight months to two years in some cases trying to get these squatters removed from their property. HB 1017 sends a message to squatters that they are criminals, and they will be treated like criminals.”

Under HB 1017, a person who violates this provision would receive a citation advising them to present documentation within three business days, authorizing their presence on the land or premises. If the person is unable to provide documentation, the person would be subject to arrest for criminal trespass and would be guilty of a misdemeanor. If a person does provide documentation, a hearing would be set within seven days of submitting the documentation to determine its validity. If the documentation is found to be improperly executed or fraudulent, that person would be subject to demand for possession and removal, subject to arrest and assessed an additional fine based on the fair market monthly rental rate of the premises. A law enforcement official would exhibit an affidavit regarding a person’s claim to the property at least three days prior to turning that person out of possession.

The bill passed unanimously in the House and was sent to the Senate for consideration.

The full text of HB 1017 may be found here.

Representative Devan Seabaugh represents the citizens of District 34, which includes portions of Cobb County. He was elected to the House of Representatives in 2021 and currently serves as Vice Chairman of the Industry & Labor Committee and the Appropriations Subcommittee on Health. He also serves on the Code Revision, Creative Arts & Entertainment, Public Health and Transportation committees.

legis.ga.gov