Georgia and Florida Enact Laws Empowering Homeowners to Combat Rising Squatting Cases

According to a report by the Pacific Legal Foundation, Georgia has witnessed a significant rise in squatter cases taken to court over the years, particularly since 2019. The report highlights a staggering increase in such cases, with the number soaring from just three in 2017 to a staggering 198 civil court cases involving squatting in 2023 alone.

This alarming trend has raised concerns among homeowners and state officials, prompting a closer examination of the issue. The report reveals that the number of squatting cases in Georgia saw a substantial rise, particularly in the Peach State.

Furthermore, a survey conducted by the National Rental Home Council (NRHC) in 2023 found that Atlanta had the largest concentration of unlawful occupation, with 1,200 homes being occupied by squatters. Dallas followed closely behind with 475 reported cases, while Orlando reported 125 incidents.

Data Collection and Analysis

To gather the data reported by the Pacific Legal Foundation, Kyle Sweetland, a research manager for property rights for the public interest law firm, sought out states with a "centralized record system" for squatting cases, ultimately finding Georgia to be the most informative in this regard. Sweetland's analysis of the centralized records and applicable legal codes in Georgia provided a clearer understanding of the scope of the issue.

"In Georgia, there are certain legal codes that are related to squatting, where I was able to actually check and see that these cases are, in fact, dealing with squatters," Sweetland explained to Fox News Digital

It is important to note that the data collected in this report only encompasses 25 out of Georgia's 159 counties, highlighting the potential for even more squatter cases across the state.

The Impact of Legal and Economic Factors

The surge in squatter cases in Georgia has raised questions regarding the underlying factors contributing to this increase. While the precise reasons remain unclear, there are a few theories that have been proposed. Sweetland pointed out the potential impact of the 2020 eviction moratorium, which protected legal tenants but, under Georgia's old law, also extended protection to squatters. This unintended consequence may have contributed to the rising number of squatter cases.

Another hypothesis suggests that the rise in rent and home prices following the 2020 moratorium may have led to an increase in squatting as individuals sought alternative housing solutions during a time of economic uncertainty.

Legislative Response and Homeowner Protections

In response to the growing squatting crisis, many states, including Georgia, have passed laws to restore rights to homeowners and expedite the eviction process for squatters. The Georgia Squatter Reform Act, championed by Governor Brian Kemp, significantly shortened the time required to remove a squatter from a home, addressing a process that often took months or even years in other states.

Governor Kemp expressed his outrage at the prevalence of squatting, stating, "This is insanity that people just think they can come in and take over somebody's home. I mean, it's just outrageous."

As a consequence of the strengthened legislative measures, it is anticipated that more squatter cases will be pursued through the courts, as homeowners are now able to navigate the legal process more efficiently and effectively. Sweetland noted that the streamlined eviction process may encourage more homeowners to seek legal recourse to remove squatters from their properties.

Advice for Homeowners Facing Squatters

For homeowners dealing with the challenges posed by squatters, seeking the expertise of a real estate attorney is highly recommended. Jerron Kelley, a partner at Kelley & Grant P.A. in Boca Raton, Florida, emphasized that real estate attorneys possess the legal knowledge and expertise necessary to address such situations effectively, even in the absence of a landlord-tenant relationship.

Legal Advocacy and Future Developments

The legal landscape surrounding squatting cases continues to evolve as states implement new regulations and homeowners seek legal recourse. As the issue of squatting remains a pressing concern for homeowners, legal advocacy and support are crucial in addressing these challenges and ensuring that property rights are protected.

As the debate over squatting persists, it is essential for homeowners to stay informed about legal developments, seek professional legal guidance, and actively participate in discussions aimed at finding effective solutions to this growing issue.