Hotel Squatter Legal Guidance
A Message from GHLA's CEO:
Since the General Assembly adjourned sine die, your GHLA has remained committed to finding a solution to the increasing problem of squatters trespassing in Georgia's hotels. This week we received an important development worth sharing with every member.
Your GHLA is grateful for the continued leadership of Attorney General Chris Carr, and we have been working tirelessly alongside his office on this issue. On June 16, 2026, the Office of the Attorney General issued written guidance, through Assistant Attorney General Nathan D. Hovey, responding to a request from Senator John Albers and Representative Devan Seabaugh on the legal distinction between an innkeeper-guest relationship and a landlord-tenant relationship. That distinction determines what rights and remedies are available to a property owner when an occupant overstays and refuses to leave, so it is central to how our members handle these situations.
What the guidance says:
The guidance walks through the framework the Georgia Supreme Court established in Efficiency Lodge, Inc. v. Neason (2023) as well as Denson v. Gerteisen (2023), and reinforces several points that matter to every lodging operator in our state:
We are grateful to Senator John Albers and Representative Devan Seabaugh for raising this issue and for their continued partnership in protecting Georgia's lodging industry and the communities we serve.
What may pose a claim for tenancy:
Because the analysis turns on the facts, the central question is whether an occupant has taken actions consistent with possessing a room as their home and whether the operator knew about and allowed those actions. Conduct that may weigh toward a claim for tenant status includes:
The reverse is also instructive. Agreements and operating practices that prohibit alterations, occupant maintenance, or long-term personal use help preserve the innkeeper-guest relationship rather than a tenancy.
We extend our sincere thanks to Attorney General Chris Carr and his office for taking the time to provide this thoughtful guidance. It gives our members, and Georgia's law enforcement community, a clearer understanding of a complicated area of law.
Looking ahead to 2027:
This guidance is a meaningful step, but it is not a substitute for a clear statutory solution. Addressing the squatter problem and giving our members workable, predictable tools to protect their properties will remain a top GHLA priority heading into the 2027 legislative session, and we will continue working with our partners under the Gold Dome to get it done.
You can read the full guidance from the Office of the Attorney General, along with a plain-language summary below.
Thank you, as always, for your membership and your partnership.
Sincerely,
Chris Hardman
President & CEO
Georgia Hotel & Lodging Association
Click on the link below for a detailed copy of the analysis of the issue points by the Georgia Attorney General’s office.
Since the General Assembly adjourned sine die, your GHLA has remained committed to finding a solution to the increasing problem of squatters trespassing in Georgia's hotels. This week we received an important development worth sharing with every member.
Your GHLA is grateful for the continued leadership of Attorney General Chris Carr, and we have been working tirelessly alongside his office on this issue. On June 16, 2026, the Office of the Attorney General issued written guidance, through Assistant Attorney General Nathan D. Hovey, responding to a request from Senator John Albers and Representative Devan Seabaugh on the legal distinction between an innkeeper-guest relationship and a landlord-tenant relationship. That distinction determines what rights and remedies are available to a property owner when an occupant overstays and refuses to leave, so it is central to how our members handle these situations.
What the guidance says:
The guidance walks through the framework the Georgia Supreme Court established in Efficiency Lodge, Inc. v. Neason (2023) as well as Denson v. Gerteisen (2023), and reinforces several points that matter to every lodging operator in our state:
- The innkeeper-guest and landlord-tenant relationships are legally separate and distinct. Occupants of hotel rooms who actually hold landlord-tenant agreement status are the exception, not the rule.
- A person does not become a tenant simply by claiming to be one. Mere assertions of tenancy, standing alone, are not enough to establish that status.
- There is no bright-line rule. The substance of the relationship controls no matter what the parties call it, and the outcome depends on the specific facts of each situation.
- The stakes are real. If a landlord-tenant relationship exists, the operator must obtain a writ of possession through the courts to remove the occupant. If the relationship is innkeeper-guest and certain conditions are met, a statutory lockout remedy may be available instead.
We are grateful to Senator John Albers and Representative Devan Seabaugh for raising this issue and for their continued partnership in protecting Georgia's lodging industry and the communities we serve.
What may pose a claim for tenancy:
Because the analysis turns on the facts, the central question is whether an occupant has taken actions consistent with possessing a room as their home and whether the operator knew about and allowed those actions. Conduct that may weigh toward a claim for tenant status includes:
- Bringing in and furnishing the room with their own furniture
- Making alterations or modifications to the room
- Taking on their own cleaning, upkeep, or maintenance
- Providing their own linens
- Receiving personal mail at the property
- Decorating the room with personal effects
- Using the address for official purposes, such as registering children for school
- An operator knowingly allowing an occupant to do these things, which may establish implied consent to possession
The reverse is also instructive. Agreements and operating practices that prohibit alterations, occupant maintenance, or long-term personal use help preserve the innkeeper-guest relationship rather than a tenancy.
We extend our sincere thanks to Attorney General Chris Carr and his office for taking the time to provide this thoughtful guidance. It gives our members, and Georgia's law enforcement community, a clearer understanding of a complicated area of law.
Looking ahead to 2027:
This guidance is a meaningful step, but it is not a substitute for a clear statutory solution. Addressing the squatter problem and giving our members workable, predictable tools to protect their properties will remain a top GHLA priority heading into the 2027 legislative session, and we will continue working with our partners under the Gold Dome to get it done.
You can read the full guidance from the Office of the Attorney General, along with a plain-language summary below.
Thank you, as always, for your membership and your partnership.
Sincerely,
Chris Hardman
President & CEO
Georgia Hotel & Lodging Association
Click on the link below for a detailed copy of the analysis of the issue points by the Georgia Attorney General’s office.
| 2026.06.16_letter_re_landlord_innkeeper_issue.pdf |
