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What Adriana Ward expected to be a routine phase of selling her Marietta, Georgia home instead became a confrontation with a legal gray zone that many homeowners do not realize exists until it is too late. 

When a scheduled property showing revealed missing lockboxes, altered locks, and an unfamiliar occupant asserting residency, Ward found herself navigating a system where ownership alone was not enough to guarantee immediate control.

The man occupying the home reportedly described his actions as a “peaceful hostile takeover,” asserting that Georgia’s squatter laws shielded him from removal. While the claim itself lacked legal standing, the delay, damage, and emotional toll exposed how vulnerable vacant properties can be, even in states that have begun tightening enforcement.

The Expanding Risk of Vacancy

Ward’s experience is not isolated. Across major metropolitan areas in the United States, millions of residential properties remain vacant at any given time. Extended vacancy creates opportunity, particularly in hot housing markets where homes are frequently left empty between listings, renovations, or ownership transitions.

These conditions allow unauthorized occupants to test the limits of adverse possession doctrines and tenant protection laws, which vary significantly by state. In many jurisdictions, police are limited in what they can do when an occupant claims residency, forcing homeowners into lengthy civil processes even when ownership is uncontested.

As a result, disputes that begin as clear trespass cases can quickly evolve into legal standoffs, often requiring court intervention before removal is permitted.

Georgia’s Legislative Response

Georgia has already taken steps to close these loopholes. House Bill 1017, enacted in 2024, reclassified unauthorized occupancy as a criminal offense rather than a purely civil matter. The law allows law enforcement to issue formal notices to vacate, with removal permitted after three days if occupants fail to comply.

Governor Brian Kemp framed the legislation as a necessary correction, emphasizing that unlawful occupants should not be conflated with lawful tenants. The shift reflects a growing recognition among lawmakers that existing frameworks were ill-equipped to address deliberate squatting in vacant homes.

However, Ward’s case demonstrates that legislative reform does not always translate into seamless enforcement. In her situation, no trespassing charge was filed. Instead, authorities cited the occupant only for criminal damage related to the altered lock, leaving broader questions of accountability unresolved.

The Cost of Legal Ambiguity

In states without expedited removal statutes, homeowners often face a costly and time-consuming process. Establishing unlawful occupancy typically requires written notices, followed by eviction or unlawful detainer filings. During this period, property damage can accumulate, rental income can be lost, and legal expenses can escalate rapidly.

Estimates suggest that resolving a single squatting case can cost homeowners anywhere from hundreds to several thousand dollars, factoring in court fees, repairs, cleanup, and lost use of the property. For many, the financial burden compounds the emotional distress of seeing one’s home treated as disposable.

Ward described returning to a property left in severe disarray, with lingering odors and debris that rendered it temporarily uninhabitable. She later characterized the experience as deeply traumatic, underscoring that property disputes are rarely just legal inconveniences.