House Bill 188
By: Representatives Lim of the 98th, Holcomb of the 101st, and Lupton of the 83rd
A BILL TO BE ENTITLED
AN ACT
To amend Title 17, Title 19, and Title 44 of the Official Code of Georgia Annotated, relating
to criminal procedure, domestic relations, and property, respectively, so as to extend certain
protections for victims of family violence and stalking with respect to residential leases; to
clarify that a petition seeking relief from family violence may include a request that the
superior court order the respondent to vacate any shared rental or leased premises; to
authorize the individual termination of a family violence or stalking offender's tenancy of a
shared premises by a landlord upon the family violence or stalking victim's request; to
prohibit a landlord from discriminating against victims of family violence or stalking; to
provide for a civil right of action and remedies; to provide for statutory construction; to make
conforming changes; to provide for definitions; to provide for an effective date and
applicability; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended by revising paragraph (3) of subsection (e) of Code Section 17-6-1.1, relating to
electronic pretrial release and monitoring program for defendants, requirements, procedures,
and fees, as follows:
"(3) Compliance with any court orders or special conditions of bond which may include
an order directing that no contact, direct or indirect, be made with the victim or
forbidding entry upon, about, or near certain premises, <ins>including, but not limited to, any
rental or leased premises shared with the victim;"
</ins> SECTION 2.
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is
amended by revising subsection (a) of Code Section 19-13-3, relating to petition seeking
relief from family violence, temporary ex parte, hearing, dismissal of petition upon failure
to hold hearing, procedural advice for victims, and delays, as follows:
"(a) A person who is not a minor may seek relief under this article by filing a petition with
the superior court alleging one or more acts of family violence. A person who is not a
minor may also seek relief on behalf of a minor by filing such a petition. <ins>A person filing
a petition for relief under this article may request that the superior court order the
respondent to vacate any shared residence, including, but not limited to, a rental or leased
premises."
</ins> SECTION 3.
Said title is further amended by revising paragraph (5) of subsection (a) of Code
Section 19-13-4, relating to protective orders and consent agreements, contents, delivery to
sheriff, expiration, and enforcement, as follows:
"(5) <ins>Notwithstanding a party's shared tenancy or shared ownership of a residence or
household, order</ins> <del>Order</del> the eviction of <del>a</del> <ins>such</ins> party from the residence or household and
order assistance to the victim in returning to it, or order assistance in retrieving personal
property of the victim if the respondent's eviction has not been ordered;"
SECTION 4.
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by
revising Code Section 44-7-23, relating to termination of residential lease after issuance of
civil or criminal family violence order or civil or criminal stalking order, notice, and
occupancy, waiver or modification prohibited, as follows:
"44-7-23.
(a) As used in this Code section, the term:
(1) 'Civil family violence order' means:
(A) Any protective order issued pursuant to Article 1 of Chapter 13 of Title 19,
provided that the respondent was present or had notice of the hearing that resulted in
the issuance of such order; or
(B) Any ex parte temporary protective order issued pursuant to Article 1 of Chapter 13
of Title 19, provided that such order is accompanied by a police report showing a basis
for such order.
(2) 'Civil stalking order' means:
(A) Any protective order issued pursuant to Code Section 16-5-94, provided that the
respondent was present or had notice of the hearing that resulted in the issuance of such
order; or
(B) Any ex parte temporary protective order issued pursuant to Code Section 16-5-94,
provided that such order is accompanied by a police report showing a basis for such
order.
(3) 'Criminal family violence order' means:
(A) Any order of pretrial release issued as a result of an arrest for an act of family
violence; or
(B) Any order for probation issued as a result of a conviction or plea of guilty, nolo
contendere, or first offender to an act of family violence.
(4) 'Criminal stalking order' means:
(A) Any order of pretrial release issued as a result of an arrest for an act of stalking
under Article 7 of Chapter 5 of Title 16; or
(B) Any order for probation issued as a result of a conviction or plea of guilty, nolo
contendere, or first offender to an act of stalking under Article 7 of Chapter 5 of
Title 16.
<ins>(5) 'Tenant offender' means a person who is a party to a residential rental or lease
agreement against whom a civil family violence order, civil stalking order, criminal
family violence order, or criminal stalking order has been entered that is in current effect.
(6) 'Tenant victim' means an adult, or the parent or guardian of a minor, who is a party
to a residential rental or lease agreement and who has been granted a civil family violence
order, civil stalking order, criminal family violence order, or criminal stalking order that
is in current effect for his or her own protection or the protection of a minor child,
regardless of whether such individual had any obligation to pay rent to the landlord.
</ins> <del>(b) A tenant may terminate his or her residential rental or lease agreement for real estate
effective 30 days after providing the landlord with a written notice of termination when a
civil family violence order, civil stalking order, criminal family violence order, or criminal
stalking order has been issued:
(1) Protecting such tenant or his or her minor child; or
(2) Protecting such tenant when he or she is a joint tenant, or his or her minor child, even
when such protected tenant had no obligation to pay rent to the landlord.
(c) The notice to the landlord pursuant to subsection (b) of this Code section shall be
accompanied by a copy of the applicable civil family violence order, civil stalking order,
criminal family violence order, or criminal stalking order and a copy of the police report
if such order was an ex parte temporary protective order.
</del> <ins>(b) Upon the issuance of a civil family violence order, civil stalking order, criminal family
violence order, or criminal stalking order, the tenant victim protected by any such order
may:
</ins>
<ins>(1) Terminate his or her residential rental or lease agreement as to any rental or leased
premises shared with the tenant offender by providing the landlord with a written notice
of termination, accompanied by a copy of the applicable civil family violence order, civil
stalking order, criminal family violence order, or criminal stalking order and a copy of
the police report if such order was an ex parte temporary protective order. Any notice of
termination provided pursuant to this paragraph shall be effective 30 days after receipt
by the landlord and shall not terminate the residential rental or lease agreement as to the
tenant offender or any other joint tenants; or
(2) Provide the landlord with a written request to terminate the tenant offender's rental
or lease agreement as to any rental or leased premises shared with the tenant offender,
pursuant to subsection (c) of this Code section. Any request provided pursuant to this
paragraph shall be accompanied by a copy of the applicable civil family violence order,
civil stalking order, criminal family violence order, or criminal stalking order and a copy
of the police report if such order was an ex parte temporary protective order.
(c)(1) So long as the tenant victim has not elected to terminate his or her residential
rental or lease agreement pursuant to paragraph (1) of subsection (b) of this Code section,
a landlord is authorized to terminate the residential rental or lease agreement of a tenant
offender as to any rental or leased premises shared with the tenant victim upon receipt of
a written request for such termination from a tenant victim accompanied by a copy of the
applicable civil family violence order, civil stalking order, criminal family violence order,
or criminal stalking order and a copy of the police report if such order was an ex parte
temporary protective order.
(2) At least 72 hours prior to the termination effective date of a tenant offender's
residential rental or lease agreement pursuant to paragraph (1) of this subsection, the
landlord shall provide the tenant offender with written notice of termination specifying
the cause for the termination and such effective date of such termination. Such notice
shall be posted conspicuously on the door of the premises in a sealed envelope addressed
</ins>
<ins>to the tenant offender and delivered via any additional method or methods agreed upon
in the rental or lease agreement.
</ins> (d) Upon <ins>any</ins> termination of a <ins>tenant victim's or tenant offender's</ins> residential rental or lease
agreement under this Code section, <del>the tenant may occupy the real estate until the
termination is effective:
</del> <ins>(1)</ins> Such tenant <ins>victim or tenant offender</ins> shall be <del>liable for the</del> <ins>jointly liable with any
other joint tenants for any</ins> rent due under <del>such</del> <ins>the residential rental or lease</ins> agreement
prorated to the effective date of the termination, payable at such time as would have
otherwise been required <del>by the terms of such agreement,</del> and for any <del>delinquent or unpaid
rent or</del> other sums owed to the landlord prior to the effective date of the termination <del>of
such agreement.;
</del> <ins>(2) Such tenant victim or tenant offender</ins> <del>The tenant</del> shall not be liable for any other fees,
rent, or damages due to the early termination of the tenancy as provided for in this Code
section. <ins>Any termination of</ins> <del>Notwithstanding any provision of law to the contrary, if a
tenant terminates</del> a residential rental or lease agreement pursuant to <ins>subsection (b) or (c)
of</ins> this Code section <ins>at least</ins> 14 <del>or more</del> days prior to occupancy, no damages or penalties
of any kind will be assessable.; <ins>and
(3) No landlord shall require any remaining joint tenant to pay a rental amount higher
than the total rental amount for the premises specified in the residential rental or lease
agreement or any additional deposit or other fees due to the early termination of the
tenancy as provided for in this Code section.
(e)(1) No landlord shall terminate a tenancy, fail to renew a tenancy, or refuse to enter
into a residential rental or lease agreement with a person based on such person's or a
household member's status as a victim of family violence or stalking or based on the
person or a household member's having previously terminated a residential rental or lease
agreement on the basis of being a tenant victim.
</ins>
<ins>(2) If a landlord terminates a tenancy, fails to renew a tenancy, or refuses to enter into
a residential rental or lease agreement based on circumstances provided for in
paragraph (1) of this subsection, the aggrieved person may commence a civil action in
the same manner and may seek the same remedies as provided in Code Section 8-3-217.
(f)</ins> This Code section shall not be waived or modified by agreement of the parties under
any circumstances.
<ins>(g) Nothing in this Code section shall be construed to impair any eviction related rights
afforded to a tenant victim or tenant offender, including, but not limited to, any such rights
afforded under Article 3 of Chapter 7 of Title 44, relating to dispossessory proceedings."
</ins> SECTION 5.
(a) This Act shall become effective upon its approval by the Governor or upon its becoming
law without such approval.
(b) This Act shall apply to all residential rental or lease agreements entered into on or after
the effective date of this Act, and to any renewals, modifications, or extensions of such
agreements entered into on or after such date.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.