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GA HB1016

GA HB1016
Magistrate courts; expand existing remedies regarding unauthorized possession of real property


summary

Introduced
01/27/2026
In Committee
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Article 1 of Chapter 10 of Title 15, Article 2 of Chapter 7 of Title 16, and Article 2 of Chapter 11 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to magistrate courts, criminal trespass and damage to property, and proceedings against intruders, respectively, so as to expand existing remedies regarding the unauthorized possession of real property; to provide for magistrate court jurisdiction over certain related proceedings; to authorize certain third parties to request assistance from law enforcement for the expedient removal of a person in unauthorized possession of real property under certain conditions; to authorize the removal of a person in unauthorized possession based on such request and conditions; to require that any person subject to removal or arrest for the unauthorized possession of real property be given 30 calendar days to present a counteraffidavit prior to any such removal or arrest; to provide for legislative findings and intent; to provide for definitions; to make conforming changes; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

AI Summary

This bill expands the remedies available in Georgia's magistrate courts for situations involving the unauthorized possession of real property, commonly known as unlawful squatting. It increases the timeframe for individuals accused of unlawful squatting to present documentation proving their right to occupy the property from three business days to 30 calendar days after receiving a citation. Furthermore, it allows for certain third parties, specifically other unit owners or lot owners within a condominium or property owners' development (referred to as "interested third parties"), to initiate removal procedures against unauthorized occupants of "affected property" (real property within such developments that is occupied without a good faith claim). This process requires the interested third party to notify the affected owner and the relevant association (condominium or property owners' development association) of their intent to remove the occupant, and the removal can proceed if the affected owner authorizes it or fails to respond within 30 days. The bill also clarifies that if no counteraffidavit is filed by the person in possession, they will be removed after 30 days, and it allows courts to award fair market value rent and other monetary relief in such cases, with appeals going directly to Georgia's appellate courts.

Committee Categories

Justice

Sponsors (2)

Last Action

House Second Readers (on 01/29/2026)

bill text


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