A Comparison of Rental Housing-Related Domestic Violence Laws in Georgia, North Carolina, and South Carolina

By Tabitha Elligan

     According to The National Domestic Violence Hotline, an average of 24 people per minute experience some form of domestic violence by an intimate partner in the United States – more than 12 million women and men over the course of a single year. The National Domestic Violence Hotline also reported that nearly 3 in every 10 women and 1 in every 10 men in the United States have experienced rape, physical violence, and/or stalking by a partner. Domestic Violence is a serious matter throughout the United States and today we will learn its impacts on the rental housing industry specifically in Georgia, North Carolina, and South Carolina.

Georgia

     The Georgia Commission on Family Violence reported that law enforcement officers responded to over 65,000 family violence incidents in the state of Georgia in 2022 alone. In 2018, Georgia legislators created a law to protect survivors of domestic violence. Survivors of domestic violence are often forced to leave their homes for safety. Before the 2018 law passed if a domestic violence survivor wished to terminate their lease in order to relocate there was no real mechanism to do so. Today, survivors of domestic violence can end their lease early without penalty where they meet the required criteria.

     O.C.G.A. § 44-7-23 provides that a resident may terminate their lease agreement 30 days after providing the housing provider with written notice of termination when a civil family order or criminal family violence order has been issued. The order must be to protect the resident or their minor child. This means that no matter when the resident chooses to leave the property, they are still responsible for paying rent for the remaining 30 days after providing notice. However, they will not be responsible for any fees associated with early termination. Also, if the resident provides an ex parte temporary protection order (TPO), the resident must also produce to the housing provider with a copy of the police report. An ex parte TPO is one that is obtained by the victim who stands before a judge without the presence of the aggressor. If the TPO is not ex parte, there is no need to provide a police report.

In Summary:

1. 1. 1. The resident must provide written 30-day notice and an order from the court to the housing provider.
      2. If the order was provided in court without the aggressor present(ex parte), the resident should provide a police report.
      3. If the order was provided in court with the aggressor present, the resident does not need to provide a police report. 

North Carolina

     The North Carolina Coalition Against Domestic Violence reported that during a 24-hour survey period in 2022, the North Carolina domestic violence local and state hotline staff answered 513 calls, averaging 21 hotline calls every hour. The hotline staff stated that when there are not enough resources, victims of domestic violence simply request a safe place to live, legal representation, and counseling. Much like Georgia, North Carolina legislators created a law to assist victims of domestic violence with terminating their lease and moving out if deemed necessary.

     N.C. Gen. Stat. § 42-45.1 provides that any victim of domestic violence, sexual assault, or stalking may terminate their rental agreement for a rental home by providing the housing provider with a written notice of termination to be effective in at least 30 days. Much like Georgia, the resident will not be held responsible for any fees and penalties associated with the early termination. The notice must be accompanied by an Order of Protection. It can either be a valid order of protection issued by a court – not an ex parte order; a criminal order that restrains a person from contact with a protected resident; or a valid Address Confidentiality Program card issued to the victim. If the order of protection is ex parte, it cannot be submitted with the 30-day notice. Additionally, the victim must submit a copy of a safety plan with the notice to terminate. The safety plan must be provided by a domestic violence or sexual assault program and should recommend relocation for the resident.

In Summary:

1. 1. 1. The resident must provide a written 30-day notice to the housing provider of their intent to terminate the lease and vacate the home.
      2. The notice must be accompanied by 1 of 3 of the following:
         • A copy of a restraining order (permanent)
         • A copy of a court order of protection
         • An Address Confidentiality
      3. The resident must also provide a program-approved safety plan

.South Carolina

     In 2018, South Carolina ranked 11th in the country for the number of women killed by men – the first time in the 23-year history of the Violence Policy Center study that South Carolina was not ranked in the top ten, according to the National Coalition Against Domestic Violence. Notwithstanding domestic violence statistics like those mentioned, the South Carolina legislature has not yet passed any laws similar to those found in North Carolina and Georgia. In the meantime if you need advice on the best approach, please contact our South Carolina office.