Squatting is a serious problem, and it is one of the reasons your vacant properties can be so vulnerable.
This is one of the most frustrating issues for rental property owners.
Squatters are individuals who occupy a property without permission or legal right. In Georgia, they can sometimes gain legal rights to the property through adverse possession if they are not removed promptly.
The good news is that there are legal steps to prevent squatters from entering your property and actions to remove them if they do manage to take up residence.
Let’s talk about it.
Understanding Squatting in Georgia
In Georgia, a squatter may potentially claim legal ownership of a property after meeting specific requirements, including:
- Continuous Possession. The squatter must occupy the property continuously for 20 years.
- Open and Notorious Use. The squatter must openly occupy the property in a manner that is obvious to the rightful owner and the public.
- Exclusive Use. The squatter must use the property exclusively, without sharing possession with the owner or others.
- Hostile Use. The squatter must use the property without the permission of the owner.
While adverse possession is rare, it’s still possible. You might run into a situation where a squatter in your property doesn’t have adverse possession. They can still be difficult to evict.
Preventative Steps to Protect Your Property
Here’s how to protect your investment property, especially when it’s not occupied by legal tenants.
1.Regular Property Inspections
A vacant property is an easy target for squatters. One of the most effective ways to prevent squatting is by regularly monitoring your property. Set a schedule to inspect your property for any signs of unauthorized entry or occupancy.
If you cannot make regular visits, consider hiring a property management company to monitor the property. Additionally, check the locks, windows, and doors to ensure they are secure.
2.Secure the Property Properly
Make sure that your property is well-secured to discourage squatters from entering. Some steps you can take include:
- Installing high-quality locks on doors and windows.
- Putting “No Trespassing” signs around the property, clearly marking it as private property.
- Installing security cameras and lights, especially around entry points, to deter squatters and provide a record if someone does try to enter.
- Fencing off the property, if applicable, to limit access to unauthorized individuals.
3.Maintain Utility Services
Squatters often seek out vacant homes because they are easily entered and may not have utility services turned on. Keeping utilities such as electricity, water, and gas in your name can help prevent squatters from taking up residence without detection.
4.Hire a Property Manager
If you manage multiple properties or don’t live near your rental property, consider hiring a professional property manager. We can handle leasing, maintenance, inspections, and tenant screening to ensure that only qualified tenants occupy your property. With a good property manager in place, you’re less likely to experience issues with squatters. We’re protecting the investment, whether it’s occupied or vacant.
Legal Steps to Take if Squatters Occupy Your Property
Squatters may still find their way onto your property despite your best efforts. If this happens, acting swiftly and legally is essential to regain possession of your property. Here are the steps you need to follow:
- Confirm That Squatting is Occurring
The first step is to confirm that someone is squatting on your property. If you notice signs of unauthorized occupation, such as broken locks or trash left behind, or if neighbors alert you to suspicious activity, you’ll want to verify that no one is legally renting or living on your property. Gather the necessary documentation to ensure that someone who should not be present is not.
- Notify the Squatter
Once you have verified that someone is squatting on your property, the next step is to give the squatter a formal notice to vacate. Georgia law requires that you serve the squatter with a “demand for possession” notice. This notice informs the squatter that they must leave the property immediately, or you will pursue legal action.
- File an Eviction Lawsuit (Dispossessory Action)
If the squatter does not leave after receiving the demand for possession, you can file a dispossessory action in the local magistrate court. This legal process is similar to evicting a tenant and requires you to prove that the individual has no legal right to occupy the property. While it may seem strange that you have to go through a formal court eviction process with someone with no rights to your property, this is the best and most effective way to remove the squatter.
Once you file, the court will issue a summons for the squatter to appear before a judge. If the judge rules in your favor, you will be granted an eviction order, which allows a sheriff to remove the squatter from the property. Don’t take any legal risks, and don’t try to remove someone you don’t know physically.
As a landlord in the Atlanta area, protecting your rental property from squatters requires a combination of prevention and legal action. Securing your property, conducting regular inspections, and screening tenants thoroughly can significantly reduce the risk of squatters taking over your property. And if squatters manage to occupy your space, know that Georgia law offers you a transparent legal process to remove them swiftly.
We are here to help you take these proactive steps. We can protect your property and advocate for you and your property. Understanding your rights as a property owner will help ensure that your rental properties remain protected and under your control.
If you have questions about squatters or want to avoid vacancies that can attract this type of risk, we invite you to contact us at Silas Frazier Realty, LLC. We lease, manage, and maintain investment properties in Atlanta, Snellville, Stone Mountain, Lilburn, Conyers, Smyrna, Marietta, Lithonia, Jonesboro, McDonough, Vinings, Brookhaven, Tucker, and the surrounding areas.
