SB413: SB413 Landlord and Tenant; residential rental or lease agreement terminations if a tenant or a legal occupant of a residence experienced residential firearm violence; provide

26 LC 62 0253 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 Cod e of Georgia Annotated,1 relating to general provisions regarding landlord and tenant, so as to provide for residential2 rental or lease agreement terminations if a tenant or a legal o ccupant of a residence 3 experienced residential firearm violence or reasonably fears such tenant or a legal occupant4 would experience such violence at such residence; to provide for definitions; to provide for5 written notice; to provide for procedures; to provide for related matters; to repeal conflicting6 laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article 1 of Chapter 7 of Title 44 of the Official Code of Geor gia Annotated, relating to10 general provisions regarding landlord and tenant, is amended by revising Code11 Section 44-7-23, relating to termination of residential lease after issuance of civil or criminal12 family violence order or civil or criminal stalking order, noti ce, and occupancy, waiver or13 modification prohibited, as follows:14 "44-7-23.15 (a) As used in this Code section, the term:16 S. B. 413 - 1 - 26 LC 62 0253 (1) 'Civil family violence order' means:17 (A) Any protective order issued pursuant to Article 1 of Chapt er 13 of Title 19,18 provided that the respondent was present or had notice of the h earing that resulted in19 the issuance of such order; or20 (B) Any ex parte temporary protective order issued pursuant to Article 1 of Chapter 1321 of Title 19, provided that such order is accompanied by a police report showing a basis22 for such order.23 (2) 'Civil stalking order' means:24 (A) Any protective order issued pursuant to Code Section 16-5-94, provided that the25 respondent was present or had notice of the hearing that resulted in the issuance of such26 order; or27 (B) Any ex parte temporary protective order issued pursuant to Code Section 16-5-94,28 provided that such order is accompanied by a police report show ing a basis for such29 order.30 (3) 'Criminal family violence order' means:31 (A) Any order of pretrial release issued as a result of an arr est for an act of family32 violence; or33 (B) Any order for probation issued as a result of a conviction or plea of guilty, nolo34 contendere, or first offender to an act of family violence.35 (4) 'Criminal stalking order' means:36 (A) Any order of pretrial release issued as a result of an arr est for an act of stalking37 under Article 7 of Chapter 5 of Title 16; or38 (B) Any order for probation issued as a result of a conviction or plea of guilty, nolo39 contendere, or first offender to an act of stalking under Artic l e 7 o f C h a p t e r 5 o f40 Title 16.41 (5) 'Qualified third party' means any law enforcement officer; court employee; physician,42 psychiatrist, psychologist, social worker, registered nurse, th erapist, mental heath43 S. B. 413 - 2 - 26 LC 62 0253 therapist, community health worker, or clinical professional counselor; person employed44 by a governmental entity or nonprofit agency or service that advises or provides services45 to persons regarding violence; or any member of the clergy of a church or religious46 society or denomination.47 (6) 'Residence' means a dwelling place that is the subject of a residential rental or lease48 agreement for real estate to which the tenant is a party.49 (7) 'Residential firearm violence' means the occurrence of one or more of the following50 acts against a tenant or legal occupant of a residence at or in the immediate vicinity of51 such residence:52 (A) Any felony committed with a firearm;53 (B) Any misdemeanor committed with a firearm;54 (C) Any action using a firearm that creates a serious risk of injury; or55 (D) Any action using a firearm that results in injury.56 (8) 'Victim services provider' means any city or state contracted entity or any licensed57 physician or registered nurse who has provided victim services to a tenant or legal58 occupant of a residence.59 (b) A tenant may terminate his or her residential rental or lease agreement for real estate60 effective 30 days after providing the landlord with a written notice of termination;61 (1) That the tenant or legal occupant of the residence has been a victim of residential62 firearm violence; or63 (2) When when a civil family violence order, civil stalking order, criminal family64 violence order, or criminal stalking order has been issued:65 (1)(A) Protecting such tenant or his or her minor child; or66 (2)(B) Protecting such tenant when he or she is a joint tenant, or his or her minor child,67 even when such protected tenant had no obligation to pay rent to the landlord.68 S. B. 413 - 3 - 26 LC 62 0253 (c) The With the notice to the landlord pursuant to subsection (b) of this Code section,69 shall be accompanied by the tenant or legal occupant of the residence shall provide th e70 landlord with one of the following:71 (1) For notice made pursuant to paragraph (1) of subsection (b ) of this Code section,72 documentation demonstrating that the tenant or legal occupant of the residence has been73 a victim of residential firearm violence. Such documentation may include:74 (A) A document provided by a victim services provider verifying the tenant or legal75 occupant of the residence has experienced residential firearm violence;76 (B) A record from a federal, state, or local law enforcement agency verifying an act of 77 residential firearm violence occurred;78 (C) A record from a healthcare provider for treatment related to residential firearm79 violence against the tenant or legal occupant of the residence; or80 (D) A sworn affidavit from a qualified third party stating the tenant or legal occupant81 has experienced residential firearm violence; or82 (2) For notice made pursuant to paragraph (2) of subsection (b) of this Code section, a83 copy of the applicable civil family violence order, civil stalk ing order, criminal family84 violence order, or criminal stalking order and a copy of the police report if such order was85 an ex parte temporary protective order.86 (d) A landlord shall provide a tenant written notice of termination specifying the cause for87 the termination and the effective date of such termination at l east 72 hours prior to the88 termination effective date.89 (e) Upon termination of a residential rental or lease agreement under this Code section, the90 tenant may occupy the real estate until the termination is effective. Such tenant shall be91 liable for the rent due under such agreement prorated to the ef fective date of the92 termination, payable at such time as would have otherwise been required by the terms of93 such agreement, and for any delinquent or unpaid rent or other sums owed to the landlord94 prior to the termination of such agreement. The tenant shall not be liable for any other fees,95 S. B. 413 - 4 - 26 LC 62 0253 rent, or damages due to the early termination of the tenancy as provided for in this Code96 section. Notwithstanding any provision of law to the contrary, if a tenant terminates a97 residential rental or lease agreement pursuant to this Code section 14 or more days prior98 to occupancy, no damages or penalties of any kind will be assessable.99 (e)(f) This Code section shall not be waived or modified by the agreement of the parties100 under any circumstances."101 SECTION 2.102 All laws and parts of laws in conflict with this Act are repealed.103 S. B. 413 - 5 -