Cal. Civ. Code § 44-7-22

Termination of a residential rental agreement by a service member.

In Force
Verified 10/28/2026 · Next check 11/4/2026
GeorgiaRent Regulation

Operative Text

Cal. Civ. Code § 44-7-22
(a) As used in this Code section, the term “service member” means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer.
(b) Any service member may terminate his or her residential rental or lease agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord’s receipt of the notice if any of the following criteria are met:
(1) The service member is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises;
(2) The service member is released from active duty or state active duty after having leased the rental premises while on active duty status and the rental premises is 35 miles or more from the service member’s home of record prior to entering active duty;
(3) After entering into a rental agreement, the service member receives military orders requiring him or her to move into government quarters;
(4) After entering into a rental agreement, the service member becomes eligible to live in government quarters and the failure to move into government quarters will result in a forfeiture of the service member’s basic allowance for housing;
(5) The service member receives temporary duty orders, temporary change of station orders, or state active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period exceeding 60 days; or
(6) The service member has leased the property but prior to taking possession of the rental premises receives a change of orders to an area that is 35 miles or more from the location of the rental premises.
(c) The notice to the landlord pursuant to subsection (b) of this Code section shall be accompanied by either a copy of the official military orders or a written verification signed by the service member’s commanding officer.
(d) In the event a service member dies during active duty, an adult member of his or her immediate family may terminate the service member’s residential rental or lease agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord’s receipt of the notice. The notice to the landlord must be accompanied by either a copy of the official military orders showing the service member was on active duty or a written verification signed by the service member’s commanding officer and a copy of the service member’s death certificate.
(e) Upon termination of a rental agreement under this Code section, the service member is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The service member is not liable for any other 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 service member terminates the rental agreement pursuant to this Code section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable.
(f) The provisions of this Code section shall apply to all residential rental or lease agreements entered into on or after July 1, 2005, and to any renewals, modifications, or extensions of such agreements in effect on such date. The provisions of this Code section may not be waived or modified by the agreement of the parties under any circumstances.
Source: Legislative text reproduced verbatim
Plain English

O.C.G.A. § 44-7-22 establishes a right for qualifying Georgia service members — those on active duty for 90 days or more with the U.S. armed forces, Coast Guard, or Georgia National Guard — to end a residential lease early under specific military-related circumstances, such as a permanent change of station, deployment orders, or a move into government quarters. To exercise this right, the service member (or, in the event of death, an immediate family member) must give the landlord written notice at least 30 days in advance, accompanied by official military orders or a commanding officer's verification. Once the lease is properly terminated under this provision, the service member owes only prorated rent through the termination date and cannot be charged additional rent or early-termination penalties.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Landlords operating in Georgia should be aware that § 44-7-22 limits their ability to hold service members to standard lease terms when qualifying military circumstances arise. A compliant operator accepts a written termination notice accompanied by official orders or a commanding officer's verification, calculates rent only through the effective termination date on a prorated basis, and refrains from assessing early-termination fees or other damages in these situations. Because § 44-7-22 explicitly states that its protections cannot be waived or modified by any agreement between the parties, lease clauses that attempt to override these rights are unenforceable.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Service members and their families in Georgia can look to § 44-7-22 for protection when military obligations require leaving a rental before the lease ends — covering situations ranging from permanent change of station orders to eligibility for government quarters that would otherwise cost a housing allowance. To invoke this protection, a written termination notice must be delivered to the landlord at least 30 days before the intended effective date, along with a copy of the official orders or a signed statement from the commanding officer. Tenants who believe a landlord has improperly charged early-termination fees or refused to honor a valid notice under § 44-7-22 may consider consulting a tenant-rights organization, a military legal assistance office (such as a JAG office), or reviewing available complaint processes in their jurisdiction.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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