HB 188: Criminal procedure; extend certain protections for victims of family violence and stalking with respect to residential leases

Under current Georgia law, a tenant protected by a family violence or stalking order can terminate an entire shared residential lease, which also displaces other joint tenants who did nothing wrong. HB188 changes that approach in O.C.G.A. § 44-7-23 so a protected tenant victim can instead terminate only the offender's portion of a shared lease, or ask the landlord to remove just the offender while the victim's own tenancy continues. Landlords who receive such a request must give the offending tenant at least 72 hours' written notice before ending their part of the lease. The bill also lets a person petitioning superior court for a family violence protective order ask the court to order the abuser to vacate a shared rental home, clarifies that eviction of a party can happen despite shared tenancy or ownership, and adds pretrial release conditions covering shared rental premises. It creates a new civil right of action against landlords who discriminate against family violence or stalking victims. The changes would take effect when the Governor signs the bill or it becomes law without signature, and apply to leases entered into or renewed after that date.

• Lets a tenant victim of family violence or stalking terminate only the abusive tenant's share of a jointly held lease instead of ending the whole agreement.
• Authorizes landlords to terminate an abusive tenant's (called a 'tenant offender') portion of a shared lease upon written request from the protected tenant, with 72 hours' notice to the offender.
• Allows a person seeking a family violence protective order to ask the superior court to order the abuser to vacate any shared rental or leased home.
• Prohibits landlords from terminating, refusing to renew, or refusing to enter a lease with someone because they or a household member are a victim of family violence or stalking, or because they previously ended a lease as a tenant victim.
• Creates a civil right of action for victims of landlord discrimination, using the same remedies already available under O.C.G.A. § 8-3-217.
• Clarifies that remaining joint tenants cannot be charged higher rent or extra fees because the offender's tenancy was terminated early.

Renters who are victims of family violence or stalking, their abusers who share a lease with them, landlords and property managers who must process termination requests and notices, other joint tenants on a shared lease, and courts handling family violence protective order petitions.

Victims currently may have to end an entire shared lease to escape an abuser, disrupting other tenants and their own housing. This bill would let a victim remove just the abuser from the lease, keep their own home, and sue a landlord who denies housing because of their status as a victim.

• Section 1 adds shared rental or leased premises to the list of places covered by no-contact pretrial release orders under O.C.G.A. § 17-6-1.1.
• Section 2 lets a person petitioning for family violence relief under O.C.G.A. § 19-13-3 ask the court to order the respondent to vacate a shared residence, including a rental.
• Section 3 clarifies in O.C.G.A. § 19-13-4 that a court can order eviction of a party despite shared tenancy or ownership of the residence.
• Section 4 rewrites O.C.G.A. § 44-7-23 to define 'tenant offender' and 'tenant victim' and to let a tenant victim terminate only the offender's part of the lease or request the landlord do so.
• Section 4 requires landlords to give a tenant offender at least 72 hours' written notice, posted on the door and delivered by any agreed additional method, before ending that tenant's lease share.
• Section 4 bars landlords from charging remaining joint tenants higher rent or extra fees due to an offender's early lease termination.
• Section 4 creates a civil right of action against landlords who discriminate against family violence or stalking victims, using remedies under O.C.G.A. § 8-3-217.
• Section 5 makes the Act effective upon the Governor's signature or becoming law without signature, 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 discrimination
• family violence protective orders
• stalking laws