Breaking a lease in Georgia

If you are the tenant

• A tenant at will (including a month-to-month tenant without a fixed term) may end the tenancy with 30 days' notice (O.C.G.A. 44-7-7). The statute does not tie the notice to the end of a rental period.

If the landlord ends it

• A landlord must give 60 days' notice to end a tenancy at will (O.C.G.A. 44-7-7). The statute does not tie the notice to the end of a rental period.

Written notice required: Not stated. O.C.G.A. 44-7-7 sets the notice periods but does not say the notice must be in writing. Military and family-violence terminations require written notice (44-7-22, 44-7-23).

A written lease can only be ended according to its terms, except for the military and family-violence exceptions. A tenant who leaves early without the landlord's agreement may owe rent through the end of the lease unless the landlord accepts the surrender, for example by re-renting the unit (Georgia Landlord-Tenant Handbook, DCA).

Landlord's duty to re-rent: No. Georgia law does not require the landlord to find another tenant. Unless the lease says otherwise, the landlord may leave the unit empty and hold the tenant responsible for rent through the end of the lease, unless it accepts the tenant's leaving (e.g., re-rents the unit); taking back keys or entering does not by itself count as acceptance (Georgia Landlord-Tenant Handbook, DCA, rev. 8-29-24).

Lease-break fees: No statutory cap. An early termination fee in the lease is enforceable only if the landlord's damages are hard to estimate, the parties intended it to cover damages rather than to penalize, and it is a reasonable estimate of the damages; otherwise a judge may refuse it (Georgia Landlord-Tenant Handbook, DCA).

• Domestic violence, sexual assault or stalking (O.C.G.A. 44-7-23)

  A tenant protected by a family violence or stalking order may end a lease effective 30 days after giving the landlord written notice with a copy of the order.

  Notice:

  30 days, in writing

  Proof:

  A copy of the civil or criminal family violence order or stalking order protecting the tenant or the tenant's minor child; if it is an ex parte temporary order, also a copy of the police report.

  What you still owe:

  Rent prorated to the effective date plus any earlier unpaid rent; no other fees, rent, or damages. No damages or penalties if ended 14 or more days before move-in.

• Military service (state law) (O.C.G.A. 44-7-22)

  A service member may end a lease entered into on or after July 1, 2005 with at least 30 days' written notice for PCS orders 35+ miles away, release from active duty, orders into government quarters, temporary orders over 60 days 35+ miles away, or a change of orders before move-in; covers Georgia National Guard on federal duty for 90+ days.

  Notice:

  30 days, in writing

  Proof:

  A copy of the official military orders or a written verification signed by the commanding officer.

  What you still owe:

  Rent prorated to the termination date; no other rent or damages. No damages or penalties if notice is given 14 or more days before move-in.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

• Georgia treats a tenancy with no fixed end date as a tenancy at will; a tenant who holds over after the lease and keeps paying monthly rent with the landlord's consent becomes a tenant at will (Georgia Landlord-Tenant Handbook).
• A landlord must also give 60 days' notice to raise rent for a tenant at will (Georgia Landlord-Tenant Handbook).
• Statute text for 44-7-7 and 44-7-22 was read from a FindLaw reproduction because the official Lexis-hosted Georgia code could not be loaded; 44-7-23 was read from the enrolled 2021 SB 75 on gov.georgia.gov.

• Write a Georgia notice to vacate
• Georgia security deposit law: getting your deposit back after you move

• Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24) Retrieved October 13, 2026.
• 2021 SB 75 (amending O.C.G.A. 44-7-23), signed Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.