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How to Evict a Squatter in Georgia
Understand Your Legal Rights and Protect Your Georgia Property
A squatter is someone who occupies an empty property without the owner's permission. Dealing with squatters can be a challenging endeavor because even squatters have rights. When a property owner embarks on evicting a squatter, it is vital that he or she follow the law and have a through understanding of its ins and outs to ensure a smooth and lawful eviction. Here are some guidelines.
Determine Legal Occupancy Status
Before taking any action, it's essential to confirm that the person in question is indeed a squatter and not a tenant with a valid lease agreement. Tenants have legal protections, and evicting them follows a specific legal process.
Contact Local Law Enforcement
If a property owner discovers a squatter on his or her property, the first step is to contact local law enforcement and explain the situation. The owner must provide evidence that the person is squatting without permission. Law enforcement may be able to assist by issuing a trespass warning or advising the squatter to leave voluntarily.
Serve Notice to Vacate
If the squatter does not leave after law enforcement intervenes, then the property owner must serve the squatter with a written notice to vacate the property. This notice must be clear and concise, stating that the squatter's occupancy is unauthorized and demanding that the squatter leave within a specific timeframe. In Georgia, the notice period typically ranges from three to 30 days, depending on the circumstances.
File an Eviction Lawsuit
If the squatter remains on the property after receiving the notice to vacate, the owner then needs to file an eviction lawsuit in the appropriate court. In Georgia, eviction cases are typically handled in the Magistrate Court of the county where the property is located. The proprty owner must file the necessary legal documents, pay any required filing fees, and submit the lawsuit.
Serve the Eviction Lawsuit
After filing the eviction lawsuit, the property owner must ensure that the squatter is served with a copy of the lawsuit and a receives a summons to appear in court. This can be done by hiring a process server or following the specific rules for service outlined by Georgia law. Proper service is crucial for the legal process to move forward.
Court Hearing
Once the squatter is served with the lawsuit and court summons, then the court will schedule a hearing. Both parties have the opportunity to present their case before a judge.
During the hearing, the property owner must provide evidence demonstrating that the squatter's occupation is unauthorized and that the owner has followed the legal process. Evidence of occupation can include photos of the property with the squatter's belongings in it.
The owner should keep all court documents and receipts for filing fees to show that he or she has followed Georgia's eviction laws when it comes to squatters.
If the squatter does not show up for the hearing, the judge will rule in the property owner's favor. If the squatter does make an appearance and the judge rules in the owner's favor, then the court will issue an eviction order.
Obtain Writ of Possession
If the court does rule in the property owner's favor, then the judge will issue an eviction order, often referred to as a "writ of possession." This document grants law enforcement the authority to physically remove the squatter from the property if he or she does not leave voluntarily within a specified timeframe.
Law Enforcement Execution
If the squatter still refuses to vacate after the eviction order is issued, then law enforcement will carry out the eviction. They will provide the squatter with a notice indicating the date and time of the eviction. If the squatter does not comply, then law enforcement will forcibly remove the squatter from the property.
Handling the Personal Belongings
After the eviction, the property owner may find that the squatter has left personal belongings on the property. In Georgia, the owner must store these belongings in a safe place for a designated period, usually seven to 30 days, to give the squatter a chance to retrieve his or her items. If the squatter does not claim his or her belongings within this period, the property owner may dispose of them in accordance with state laws.
Bottom Line
The bottom line is that evicting a squatter in Georgia can be tricky. Evicting anyone anywhere is not easy, even for property owners with solid legal grounds. It is a complicated, contentious and often costly endeavor.
Get Help!
Ask a Georgia Eviction Law Question, Get an Answer ASAP!
If, though, it is time to evict a squatter, then it is a good idea to talk to an experienced Georgia eviction lawyer before proceeding to ensure that all of your rights are protected. One small misstep could mean the squatter staying on the property.
And the longer he or she stays, the harder it can be to get him or her out. For example, Georgia squatter laws allow a person to make an "adverse possession" claim if they occupy, maintain and pay taxes on an empty property for 20 years!
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