How to remove a squatter from real property in Georgia: detailed steps and legal options

Disclaimer: This is educational information only and not legal advice. I am not a lawyer. For help tailored to your situation, consult a licensed Georgia attorney.

Detailed answer — what happens if someone is squatting before your property is sold, and how to get them removed under Georgia law

If an unauthorized person is occupying your property before you sell it, the situation raises two parallel concerns: (1) regaining legal possession of the property, and (2) protecting the sale/ closing process. Georgia law treats an unauthorized occupant as either a trespasser or a person in possession who may require a civil ejectment/forcible-detainer action to remove. You should act promptly but follow the legal process — using force or illegal “self-help” (changing locks, removing personal property by force, etc.) can expose you to civil and criminal liability.

Immediate steps to take

Confirm identity and status: Try to determine whether the occupant claims to be a tenant, licensee, heir, or purchaser. Ask for any leases, written agreements, court orders, or proof of ownership they rely on.
Do not use self-help eviction: In Georgia, owners generally must remove an unauthorized occupant through the courts. Changing the locks, turning off utilities, physically removing people or their possessions, or threatening behavior can create legal trouble for the owner.
Contact local law enforcement if the occupant is committing a crime: If the person is actively committing criminal trespass, theft, or property damage, call the police. Law enforcement may remove a trespasser in clear criminal trespass situations, but police typically will not evict someone when the dispute is a civil possession issue.
Notify your title company and prospective buyer: Tell your title company or closing attorney immediately. Buyers and lenders usually require vacant possession at closing; unresolved occupants can delay or scuttle a sale.
Document everything: Take dated photos, videos, and a written log of communications and observations. Keep copies of any notices you deliver.

Civil remedies — ejectment / forcible detainer

The primary civil remedy to remove a squatter in Georgia is a court action for possession (often called ejectment or forcible detainer). The court can issue a judgment awarding possession and a writ of possession for sheriff enforcement.

Typical steps in a Georgia ejectment/forcible-detainer case:

File a complaint for possession in the appropriate county superior, state, or magistrate court, depending on the facts and county rules. Your complaint explains your ownership or right to possession and that the occupant is there without legal right.
Serve the occupant with process according to Georgia rules. If the occupant fails to answer, you may request a default judgment.
If you win, the court issues a judgment for possession and usually a writ (a court order) directing the sheriff to remove the occupant if they do not leave voluntarily.
The sheriff executes the writ and physically removes the occupant and their personal property if necessary. The owner can then legally re-enter and secure the property.

Because procedures and court names can vary by county (magistrate vs. superior court), consult a Georgia attorney or the local clerk for the correct filing route.

Criminal statutes that may apply

If the occupant entered unlawfully and refuses to leave, criminal trespass or related statutes may apply. Georgia law includes criminal trespass provisions that local police can enforce in appropriate circumstances; police involvement depends on facts and local law-enforcement policies. See Georgia criminal trespass statute: O.C.G.A. § 16-7-21.

Adverse possession concerns

Long-term, open, hostile, exclusive, and continuous possession can, over time, become title by adverse possession under Georgia law. Georgia generally requires a long statutory period to perfect an adverse possession claim. Acting promptly to remove unauthorized occupants protects your ownership and prevents any adverse-possession claim from ripening. See the Georgia Code on adverse possession: O.C.G.A. § 44-5-162.

Practical considerations when you are about to sell

Title and closing: Title companies usually require clear, vacant possession before issuing final closing documents. An unresolved occupant can delay closing until you obtain a court order.
Escrow holdback or price concession: Buyers may request that sale proceeds be held in escrow until the owner obtains removal or may renegotiate the sale price or terms.
Insurance and risk allocation: Talk to your title insurer; they may have procedures and options to protect the buyer and seller while removal is resolved.

Costs and timeline

Timelines vary. A forcible-detainer/ejectment action can take a few weeks to several months depending on service, court schedules, and appeals. Expect filing fees, possible attorney fees, sheriff fees, and costs to secure and repair the property after removal. If the squatter has left personal property behind, Georgia law controls how abandoned property is handled; the court or sheriff may store or dispose of it per local rules.

When to hire an attorney

Hire a Georgia real-estate attorney if:

The occupant claims a right to stay (lease, purchase contract, family relationship, or adverse possession).
You need rapid resolution to meet a closing deadline.
There are threats, violence, or criminal conduct.
Title issues or lender demands complicate the sale.

Helpful Hints

Act quickly. Delay increases the chance the occupant will assert stronger legal claims later.
Never use force or take the locks off unless you have a court order authorizing reentry.
Talk to your title company before closing. They can advise whether they will insure the sale with a known occupant or require removal first.
Collect evidence: dated photos, messages, and witness statements help in court.
If police are reluctant to remove the occupant, your attorney can file the civil action promptly and obtain a writ of possession enforceable by the sheriff.
If the squatter claims a lease or right to occupy, ask for written proof and demand to see it before making assumptions.
Keep all communications civil and documented. Avoid threats or harassment; those actions can undermine your position and expose you legally.
Ask your attorney about recovery of costs and attorney fees; sometimes courts award these when an owner prevails.
Consider a signed owner’s affidavit for title to explain the removal steps you took, which helps closing and title insurance underwriting.

For specific next steps in your county, contact a Georgia real property attorney or your local court clerk to learn the right filing procedure and to obtain a writ of possession if needed.