Can Police Remove Squatters in Georgia?
As a homeowner or property owner in Georgia, dealing with squatters can be a stressful and frustrating experience. Squatting, or occupying a property without the owner’s permission, is illegal in Georgia, but the process of removing squatters can be complex and time-consuming. In this article, we will explore the laws and procedures for removing squatters in Georgia, and provide guidance on what you can do if you find yourself in this situation.
Can Police Remove Squatters in Georgia?
In Georgia, police officers have the authority to remove squatters from a property, but only under certain circumstances. According to O.C.G.A. § 16-11-37, a police officer may enter a dwelling or other building to remove a person who is trespassing or has been ordered to leave by the property owner. However, the officer must have a valid reason for entering the property, such as a complaint of trespassing or a report of a disturbance.
When Can Police Remove Squatters?
Police officers can remove squatters in Georgia under the following circumstances:
- Trespassing: If a person is found to be trespassing on a property without the owner’s permission, the police can remove them.
- Disturbance: If a person is causing a disturbance or making excessive noise on a property, the police can remove them.
- Emergency: If there is an emergency situation, such as a fire or a medical emergency, the police can enter the property to remove anyone who is putting themselves or others at risk.
What Can You Do if Police Can’t Remove Squatters?
If the police are unable to remove squatters from your property, there are other steps you can take to try to regain possession of your property. Here are some options:
- File a complaint with the local authorities: If the police are unable to remove the squatters, you can file a complaint with the local authorities, such as the county sheriff’s department or the local magistrate’s court.
- Seek a restraining order: You can seek a restraining order from the court to prevent the squatters from returning to your property.
- Hire a private investigator: You can hire a private investigator to gather evidence of the squatters’ presence and activities on your property.
- Work with a property management company: If you are unable to deal with the squatters yourself, you can work with a property management company to handle the situation.
Legal Consequences for Squatters
Squatting is illegal in Georgia, and squatters can face serious legal consequences, including:
- Criminal trespassing: Squatters can be charged with criminal trespassing, which is a misdemeanor offense punishable by up to 12 months in jail and a fine of up to $1,000.
- Trespassing on private property: Squatters can be charged with trespassing on private property, which is a misdemeanor offense punishable by up to 12 months in jail and a fine of up to $1,000.
- Civil lawsuit: Squatters can also be sued in civil court for damages and other losses caused by their occupation of the property.
Table: Legal Consequences for Squatters in Georgia
| Offense | Punishment |
|---|---|
| Criminal Trespassing | Up to 12 months in jail and a fine of up to $1,000 |
| Trespassing on Private Property | Up to 12 months in jail and a fine of up to $1,000 |
| Civil Lawsuit | Damages and other losses |
Conclusion
Removing squatters from a property in Georgia can be a complex and time-consuming process, but it is illegal and can have serious legal consequences. If you find yourself dealing with squatters on your property, it is important to seek legal advice and take steps to protect your property and your rights. By understanding the laws and procedures for removing squatters in Georgia, you can take control of the situation and regain possession of your property.
Additional Resources
- Georgia Code: O.C.G.A. § 16-11-37
- Georgia Attorney General’s Office: www.ag.ga.gov
- National Center for Housing and Child Welfare: www.nchc.org
Bullets List:
- Police officers can remove squatters in Georgia under certain circumstances, including trespassing, disturbance, and emergency situations.
- If the police are unable to remove squatters, you can file a complaint with the local authorities, seek a restraining order, hire a private investigator, or work with a property management company.
- Squatters can face serious legal consequences, including criminal trespassing, trespassing on private property, and civil lawsuits.
- It is important to seek legal advice and take steps to protect your property and your rights if you find yourself dealing with squatters on your property.
