---
title: SB 413. Landlord and Tenant; residential rental or lease agreement terminations if a tenant or a legal occupant of a residence experienced residential firearm violence; provide
collection: bills
id: 2025-2026/sb413
cite_as: SB 413, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb413
md_url: https://georgiacommons.org/bills/2025-2026/sb413.md
text_url: https://georgiacommons.org/bills/2025-2026/sb413/text
source_url: https://www.legis.ga.gov/legislation/72291
date: 2026-01-27
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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next: https://georgiacommons.org/bills/2025-2026/sb414.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb413.md?full=1
bill_number: SB 413
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-01-16
last_action: Senate Read and Referred
sponsors:
  - Kim Jackson
  - Harold Jones
  - Elena Parent
  - Nan Orrock
  - Donzella James
  - Sally Harrell
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB413/2025
upstream_id: 2085236
summaries_model: claude-sonnet-5
topic_tags:
  - renters rights
  - landlord tenant law
  - gun violence
  - housing policy
  - domestic violence protections
---

# SB 413. Landlord and Tenant; residential rental or lease agreement terminations if a tenant or a legal occupant of a residence experienced residential firearm violence; provide

## Text

Senate Bill 413
By: Senators Jackson of the 41st, Jones II of the 22nd, Parent of the 44th, Orrock of the 36th,
James of the 28th and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated,
relating to general provisions regarding landlord and tenant, so as to provide for residential
rental or lease agreement terminations if a tenant or a legal occupant of a residence
experienced residential firearm violence or reasonably fears such tenant or a legal occupant
would experience such violence at such residence; to provide for definitions; to provide for
written notice; to provide for procedures; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to
general provisions regarding landlord and tenant, 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) 'Qualified third party' means any law enforcement officer; court employee; physician,
psychiatrist, psychologist, social worker, registered nurse, therapist, mental heath
</ins>
<ins>therapist, community health worker, or clinical professional counselor; person employed
by a governmental entity or nonprofit agency or service that advises or provides services
to persons regarding violence; or any member of the clergy of a church or religious
society or denomination.
(6) 'Residence' means a dwelling place that is the subject of a residential rental or lease
agreement for real estate to which the tenant is a party.
(7) 'Residential firearm violence' means the occurrence of one or more of the following
acts against a tenant or legal occupant of a residence at or in the immediate vicinity of
such residence:
(A) Any felony committed with a firearm;
(B) Any misdemeanor committed with a firearm;
(C) Any action using a firearm that creates a serious risk of injury; or
(D) Any action using a firearm that results in injury.
(8) 'Victim services provider' means any city or state contracted entity or any licensed
physician or registered nurse who has provided victim services to a tenant or legal
occupant of a residence.
</ins> (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;
<ins>(1) That the tenant or legal occupant of the residence has been a victim of residential
firearm violence; or
(2) When</ins> <del>when</del> a civil family violence order, civil stalking order, criminal family
violence order, or criminal stalking order has been issued:
<ins>(1)(A)</ins> Protecting such tenant or his or her minor child; or
<ins>(2)(B)</ins> 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) <del>The</del> <ins>With the</ins> notice to the landlord pursuant to subsection (b) of this Code section,
<del>shall be accompanied by</del> <ins>the tenant or legal occupant of the residence shall provide the
landlord with one of the following:
(1) For notice made pursuant to paragraph (1) of subsection (b) of this Code section,
documentation demonstrating that the tenant or legal occupant of the residence has been
a victim of residential firearm violence. Such documentation may include:
(A) A document provided by a victim services provider verifying the tenant or legal
occupant of the residence has experienced residential firearm violence;
(B) A record from a federal, state, or local law enforcement agency verifying an act of
residential firearm violence occurred;
(C) A record from a healthcare provider for treatment related to residential firearm
violence against the tenant or legal occupant of the residence; or
(D) A sworn affidavit from a qualified third party stating the tenant or legal occupant
has experienced residential firearm violence; or
(2) For notice made pursuant to paragraph (2) of subsection (b) of this Code section,</ins> 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.
(d) <ins>A landlord shall provide a tenant written notice of termination specifying the cause for
the termination and the effective date of such termination at least 72 hours prior to the
termination effective date.
(e)</ins> Upon termination of a residential rental or lease agreement under this Code section, the
tenant may occupy the real estate until the termination is effective. Such tenant shall be
liable for the rent due under such agreement prorated to the effective date of the
termination, payable at such time as would have otherwise been required by the terms of
such agreement, and for any delinquent or unpaid rent or other sums owed to the landlord
prior to the termination of such agreement. The tenant 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. Notwithstanding any provision of law to the contrary, if a tenant terminates a
residential rental or lease agreement pursuant to this Code section 14 or more days prior
to occupancy, no damages or penalties of any kind will be assessable.
<del>(e)(f)</del> This Code section shall not be waived or modified by the agreement of the parties
under any circumstances."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

A Georgia Senate bill would let renters break a residential lease early if they or another legal occupant were victims of firearm violence at the home, adding to existing protections for domestic violence and stalking victims.

### Plain-language summary

Current Georgia law (O.C.G.A. § 44-7-23) already lets a tenant end a residential lease early with 30 days written notice if a civil or criminal family violence order or stalking order has been issued to protect the tenant or their child. This bill adds a new reason: if the tenant or another legal occupant of the home was a victim of what the bill calls residential firearm violence, meaning a felony, misdemeanor, or other act involving a firearm that injured or seriously risked injuring them at or near the residence.
To use this new ground, the tenant must give the landlord documentation such as a statement from a victim services provider, a law enforcement record, healthcare records, or a sworn statement from a qualified third party like a police officer, nurse, social worker, or member of clergy. The bill also requires landlords to give tenants written notice of the termination cause and effective date at least 72 hours before the lease ends. As under current law, the tenant still owes prorated rent through the effective date but no extra fees or damages, and the protections cannot be waived by agreement.

### What it does

- Adds residential firearm violence as a new legal ground for a tenant to end a residential lease early with 30 days written notice.
- Defines residential firearm violence as any felony, misdemeanor, or other firearm-related act causing or seriously risking injury to a tenant or legal occupant at or near the residence.
- Requires tenants to submit supporting documentation, such as records from a victim services provider, law enforcement, a healthcare provider, or a sworn affidavit from a qualified third party like police, medical staff, clergy, or social workers.
- Requires landlords to give tenants written notice specifying the termination reason and effective date at least 72 hours before the lease ends.
- Keeps the tenant responsible for prorated rent and unpaid amounts through the termination date, but bars landlords from charging extra fees or damages for the early termination.
- Prohibits landlords and tenants from waiving or modifying these termination protections by agreement.

### Who it affects

Renters and other legal occupants of Georgia residences who experience firearm violence at home, landlords who manage residential leases, and third parties such as police officers, healthcare workers, social workers, and clergy who may be asked to verify a tenant's experience with such violence.

### Why it matters

Tenants who experience gun violence in their homes would gain a clear legal path to leave a lease early without owing extra fees, similar to existing protections for domestic violence and stalking victims. Landlords would face new documentation checks and a 72-hour notice requirement before ending a tenancy under this ground.

### Key provisions

- Section 1 revises O.C.G.A. § 44-7-23 to add definitions for 'qualified third party,' 'residence,' 'residential firearm violence,' and 'victim services provider.'
- Subsection (b) lets a tenant terminate a lease with 30 days written notice if the tenant or a legal occupant experienced residential firearm violence, in addition to existing family violence and stalking order grounds.
- Subsection (c) lists the documentation a tenant must provide, including victim services provider statements, law enforcement records, healthcare records, or a sworn affidavit from a qualified third party.
- New subsection (d) requires landlords to give tenants written notice of the termination cause and effective date at least 72 hours before the termination takes effect.
- Subsection (e) keeps tenants liable for prorated rent through the termination date but bars additional fees or damages, and waives all penalties if notice is given 14 or more days before move-out.
- The final subsection reaffirms that these protections cannot be waived or modified by agreement between landlord and tenant.
- Section 2 repeals conflicting laws.

## Status

- Status: Introduced (2026-01-16)
- Last action: Senate Read and Referred (2026-01-27)
- Sponsors: Kim Jackson, Harold Jones, Elena Parent, Nan Orrock, Donzella James, Sally Harrell
- Official page: https://www.legis.ga.gov/legislation/72291

> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb413.md?full=1
