HB188: HB188 Criminal procedure; extend certain protections for victims of family violence and stalking with respect to residential leases

Georgia law already lets some abuse victims end a shared lease early, but this bill expands and clarifies those protections across criminal procedure, family law, and property law. It lets a person seeking a family violence protective order ask the superior court to order the abuser to move out of a shared rental home, not just a shared residence generally. It rewrites O.C.G.A. § 44-7-23 so that a tenant protected by a qualifying civil or criminal family violence or stalking order can either end their own lease with 30 days notice, or ask the landlord to end just the abuser's part of the lease while the victim stays. Landlords who get a written request backed by a protective order and police report (if the order was temporary) must give the abusive tenant 72 hours notice before ending that person's tenancy. The bill also makes it illegal for a landlord to refuse to rent to, evict, or fail to renew a lease for someone because they are a domestic violence or stalking victim, and gives victims a civil lawsuit remedy modeled on existing law (O.C.G.A. § 8-3-217). It would take effect when signed and apply to leases entered into or renewed after that date.

• Allows a person seeking a family violence protective order to ask the superior court to order the abuser to vacate a shared rental or leased home.
• Lets a tenant who is a victim end their own lease early with 30 days written notice after getting a qualifying protective or criminal order.
• Lets a victim instead ask the landlord to terminate only the abuser's part of a shared lease, keeping their own tenancy intact.
• Requires landlords acting on such a request to give the abusive tenant 72 hours written notice specifying the reason and effective date of termination.
• Prohibits landlords from refusing to rent to, evicting, or failing to renew a lease for someone because they or a household member are a domestic violence or stalking victim.
• Creates a civil lawsuit remedy for victims who face this kind of housing discrimination, using the same procedures as an existing Georgia code section (O.C.G.A. § 8-3-217).

Tenants who are victims of family violence or stalking, tenants accused or convicted of family violence or stalking who share a lease with a victim, landlords and property managers who must process termination requests and notices, and superior courts handling family violence protective order petitions.

Victims sharing a lease with an abuser would gain a faster, clearer path to separate their housing from the abuser without owing extra rent or penalties, while landlords face new notice deadlines and a ban on refusing housing to abuse victims, backed by potential lawsuits.

• Section 1 revises O.C.G.A. § 17-6-1.1 to clarify that pretrial bond conditions can bar an offender from any rental or leased premises shared with the victim.
• Section 2 amends O.C.G.A. § 19-13-3 so a family violence petition can ask the superior court to order the respondent to vacate a shared rental or leased residence.
• Section 3 amends O.C.G.A. § 19-13-4 to authorize courts to order eviction of an abusive party from a shared residence regardless of joint tenancy or ownership.
• Section 4 rewrites O.C.G.A. § 44-7-23, defining 'tenant offender' and 'tenant victim' and setting out two paths: the victim can end the whole lease with 30 days notice, or request the landlord terminate only the offender's tenancy.
• Section 4 requires landlords to post 72-hour written termination notice on the offender's door and limits liability so a tenant who terminates 14 or more days before occupancy owes no damages.
• Section 4 bars landlords from raising rent on remaining joint tenants or charging extra fees due to this kind of early termination.
• Section 4 makes it illegal for landlords to deny, evict, or fail to renew housing based on a person's status as a family violence or stalking victim, with a civil lawsuit remedy for violations.
• Section 5 sets the effective date as the Governor's signature (or becoming law without it), applying to leases entered into, renewed, or modified after that date.

1. 2025-02-03House Second Readers (House)
2. 2025-01-30House First Readers (House)
3. 2025-01-29House Hopper (House)

• Marvin Lim (D, HD-098)Primary sponsor
• Scott Holcomb (D, HD-101)
• Karen Lupton (D, HD-083)

• domestic violence protections
• tenant rights
• landlord tenant law
• family violence orders
• stalking victims