Cal. Civ. Code § 44-7-23
Termination of residential lease after issuance of civil or criminal family violence order or civil or criminal stalking order; notice; occupancy, waiver or modification prohibited.
Operative Text
(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. (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. (d) 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. (e) This Code section shall not be waived or modified by the agreement of the parties under any circumstances.
Under O.C.G.A. § 44-7-23, Georgia law allows a residential tenant who has obtained a qualifying family violence or stalking protective order — whether civil or criminal — to end a lease early by giving the landlord written notice 30 days in advance, along with a copy of the relevant order (and a police report if the order was issued ex parte). The tenant remains responsible only for rent prorated through the termination date and any previously unpaid amounts, but owes no early-termination fees or other lease-break penalties. This protection cannot be waived or altered by any lease clause or private agreement between the parties.
Plain English — not legal advice.
Property owners and managers operating under Georgia law should be aware that O.C.G.A. § 44-7-23 creates a mandatory early-termination right that no lease provision can override. A compliant operator accepts a proper written termination notice accompanied by the required protective order documentation, stops accruing rent charges after the 30-day notice period expires, and refrains from assessing any early-termination fees or penalties beyond prorated rent and pre-existing balances. Attempting to enforce lease clauses that conflict with this section — such as requiring additional months of rent or a buyout fee — is not permitted under Georgia law.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
O.C.G.A. § 44-7-23 gives Georgia residential tenants who hold a qualifying civil or criminal family violence or stalking order the right to exit a lease by delivering written notice to the landlord at least 30 days in advance, along with a copy of the protective order (and a police report if the order was ex parte). Under this provision, a tenant's financial obligation is limited to rent prorated through the termination date plus any amounts already owed — no early-termination fees or lease-break penalties can be charged. Tenants who believe a landlord is improperly withholding this right or assessing prohibited charges may wish to consult a tenant-rights organization or legal aid office familiar with Georgia housing law for guidance on available options.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.