25 LC 48 1486
Senate Bill 184
By: Senators Albers of the 56th, Still of the 48th, Hatchett of the 50th, Setzler of the 37th,
Summers of the 13th and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and
1
offenses, so as to provide that a person must show certain documentation upon receipt of a2
citation for unlawful squatting; to provide for a penalty; to amend Code Section 16-9-2 of3
the Official Code of Georgia Annotated, relating to penalties for forgery, so as to provide for4
a penalty for forgery cases related to the offense of unlawful squatting; to amend Article 15
of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to rights, duties,6
and liabilities of innkeepers, so as to provide for certain guest ejectment procedures for7
innkeepers; to provide for an affidavit; to provide for related matters; to provide for a short8
title; to repeal conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
This Act shall be known and may be cited as the ''Georgia Anti-Squatting Act of 2025.''12
SECTION 2.13
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is14
amended by revising Code Section 16-7-21.1, relating to unlawful squatting, as follows:15
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"16-7-21.1.
16
(a)(1) A person commits the offense of unlawful squatting when he or she enters upon17
the land or premises of another and resides on such land or premises for any period of18
time knowingly acting without the knowledge or consent of the owner, the
rightful19
occupant, or an authorized representative of the owner, and shall be subject to removal. 20
If the owner, rightful occupant, or authorized representative of the owner, shall take and21
subscribe an affidavit, in writing, before any officer authorized to administer an oath22
setting forth that such owner, rightful occupant, or authorized representative of the owner23
in fact claims, in good faith, that the occupancy of any person upon such land or premises24
is unauthorized and such person refuses to vacate the premises, it shall be the duty of the25
sheriff, sheriff's deputy, constable, marshal, or other individual certified by the Georgia26
Peace Officer Standards and Training Council of the county where the property is located27
to eject such person within five days of receiving such affidavit. For purposes of As used28
in this Code section, the term 'resides' means to inhabit or live on or within any land or29
premises.30
(2) Any person who commits or is accused of committing the offense of unlawful31
squatting as provided for in paragraph (1) of this subsection shall receive a citation32
advising that they must he or she shall present to the head of the issuing law enforcement33
agency or their its designee, upon within three business days of receiving the citation for34
such alleged offense, properly executed documentation that authorizes the person's entry35
on such land or premises. Such documentation may include a properly executed lease or36
rental agreement or proof of rental payments.37
(3) If such person, upon receiving the citation, is unable to provide the documentation38
required by paragraph (2) of this subsection, such person shall be subject to arrest for39
unlawful squatting and, upon conviction thereof, shall be subject to the penalty provided40
in subsection (b) of this Code section.41
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(4) If such person does provide provides documentation that authorizes such person's42
entry on the land or premises, a hearing shall be set within seven days of the submission43
of such documentation, and, if the court of appropriate jurisdiction finds that the44
submitted documentation was not properly executed or is not meritorious, such person45
shall be subject to demand for possession and removal as provided in Code46
Section 44-11-32, be subject to arrest and, upon conviction thereof, be subject to penalties47
as provided for in Code Sections 16-9-1 and 16-9-2, and shall be assessed an additional48
fine based on the fair market monthly rental rate of the land or premises.49
(b) The sheriff, sheriff's deputy, constable, marshal, or other individual certified by the50
Georgia Peace Officer Standards and Training Council is not liable to the unlawful51
occupant or any other party for loss, destruction, or damage of property. The owner,52
rightful occupant, or authorized representative of the owner is not liable to an unlawful53
occupant or any other party for the loss, destruction, or damage to the personal property of54
such unlawful occupant unless the removal was wrongful.55
(c) Any person who violates subsection (a) of this Code section shall be guilty of a56
misdemeanor of a high and aggravated nature which upon conviction shall be punishable57
punished as provided in Code Section 17-10-3 17-10-4."58
SECTION 3.59
Code Section 16-9-2 of the Official Code of Georgia Annotated, relating to penalties for60
forgery, is amended by adding a new subsection to read as follows:61
"(e) A person who commits the offense of forgery in relation to a violation of Code62
Section 16-7-21.1 shall be guilty of a felony and, upon conviction thereof, shall be 63
sentenced to a mandatory minimum term of imprisonment of no less than one year, and no64
portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated,65
deferred, or withheld by the sentencing court."66
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SECTION 4.
67
Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to68
rights, duties, and liabilities of innkeepers, is amended by revising Code Section 43-21-3.2,69
relating to written statement of period of occupancy signed by guest and rights of innkeeper70
and guest under contract, as follows:71
"43-21-3.2.72
(a)
A written statement prominently setting forth in bold type the time period during which73
a guest may occupy an assigned room, when separately signed or initialed by the guest, is74
a valid nonassignable contract. At the expiration of such time period, the guest may be75
restrained from entering such room and any property of the guest shall be subject to the76
innkeeper's lien as provided by Code Section 43-21-5 and may be removed by the77
innkeeper to a secure place where the guest may recover his or her property upon payment78
by such guest of all sums due for food, lodging, or other accommodation without liability79
to the innkeeper, except for damages to or loss of such property attributable to its removal.80
If a guest vacates his or her room prior to the date contained in the written statement, that81
such guest shall not be liable for charges for the time after the room is vacated unless the82
guest has agreed otherwise before occupying the room.83
(b)(1) Any guest on the premises at or after the expiration of the time period provided84
for in subsection (a) of this Code section, whose occupancy has been terminated under85
Code Section 43-21-3.1, or who does not have a valid contract with the innkeeper shall86
be subject to ejectment.87
(2) When the innkeeper, its agent, or its attorney in fact, shall take and subscribe an88
affidavit, in writing, before any officer authorized to administer an oath setting forth that89
such innkeeper, its agent, or its attorney in fact claims, in good faith, that the occupancy90
of a guest has expired or has otherwise been terminated or the guest does not have a valid91
contract and refuses to vacate the premises, it shall be the duty of the sheriff, sheriff's92
deputy, constable, marshal, or other individual certified by the Georgia Peace Officer93
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Standards and Training Council of the county where the inn is located to eject such guest94
within five days of receiving such affidavit.95
(3) In the event that such sheriff, sheriff's deputy, constable, marshal, or other individual96
is unable to eject such guest within the time period provided in paragraph (2) of this97
subsection, the innkeeper shall be entitled to utilize the services of an off-duty sheriff,98
sheriff's deputy, constable, marshal, or other individual certified by the Georgia Peace99
Officer Standards and Training Council to eject such guest.100
(c) After the sheriff serves the notice to immediately vacate, the property owner or his or101
her authorized agent may request that the sheriff stand by to keep the peace while the102
property owner or his or her authorized agent changes the locks and removes the personal103
property of the unlawful occupant from the premises to or near the property line. When104
such a request is made, the sheriff may charge a reasonable hourly rate, and the person105
requesting the sheriff to stand by and keep the peace is responsible for paying the106
reasonable hourly rate set by the sheriff. The sheriff is not liable to the unlawful occupant107
or any other party for loss, destruction, or damage of property. The property owner or his108
or her authorized agent is not liable to an unlawful occupant or any other party for the loss,109
destruction, or damage to the personal property of such unlawful occupant unless the110
removal was wrongful.111
(d) When an innkeeper furnishes accommodations to a guest on a day-to-day or112
week-to-week basis, an innkeeper-guest relationship shall be presumed to exist regardless113
of such guest's length of stay at such inn."114
SECTION 5.115
All laws and parts of laws in conflict with this Act are repealed. 116
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