HB399: HB399 Property; require certain residential landlords to have in-state staff to manage tenant communications

Right now, an out-of-state owner of Georgia rental houses or duplexes can manage those properties without any requirement to have someone physically in Georgia to respond to tenants. House Bill 399 changes that. It adds a new section to Georgia's landlord-tenant law (O.C.G.A. § 44-7-25) requiring any landlord who does not live in Georgia and owns single-family or duplex rental property here to hire a real estate broker licensed under Georgia law. If that broker also does not live in Georgia, the landlord must have at least one person located in Georgia who receives and responds to tenant communications about maintenance and other property issues. The bill also narrows who can skip Georgia's real estate broker licensing rules: certain owner-manager exemptions in O.C.G.A. § 43-40-29 no longer apply to these out-of-state landlords. Separately, it amends the code enforcement law (O.C.G.A. § 36-74-30) so that when a licensed broker manages a property under investigation, the tenant must give code enforcement officers the manager's name, license number, and contact information on request.

• Requires out-of-state owners of Georgia single-family or duplex rental homes to employ a Georgia-licensed real estate broker to manage the property.
• Requires those landlords to also have at least one person physically located in Georgia to handle tenant maintenance and communication issues if their broker does not live in the state.
• Removes two existing licensing exemptions (for owner-managers and their full-time employees) for out-of-state landlords who own single-family or duplex rentals, so they cannot rely on those exemptions to avoid using a licensed broker.
• Requires tenants to give code enforcement officers the name, license number, and contact information of a licensed property manager when there is probable cause of a code violation.

Out-of-state owners of single-family and duplex rental homes in Georgia, the licensed real estate brokers and in-state staff they must hire, tenants who rely on those contacts for maintenance issues, and local code enforcement officers investigating suspected code violations.

Tenants renting from an out-of-state landlord would have a Georgia-based point of contact for repairs and complaints instead of dealing only with an owner who may be difficult to reach. Out-of-state landlords would face new staffing and licensing costs, and code officers would gain an easier way to identify who manages a problem property.

• Section 1 revises O.C.G.A. § 36-74-30(b) so that when a licensed broker manages a rental property under code investigation, the tenant must provide the manager's name, license number, and contact information to a code enforcement officer on request.
• Section 2 creates new O.C.G.A. § 44-7-25, requiring non-resident landlords of Georgia single-family or duplex rentals to employ a licensed broker, and an in-state staff person if the broker lives outside Georgia, to manage tenant communications.
• Section 2 also states that the licensing exemptions in paragraphs (7) and (8) of O.C.G.A. § 43-40-29(a) do not apply to these non-resident landlords.
• Section 3 revises O.C.G.A. § 43-40-29(a), listing the categories of people exempt from real estate broker licensing requirements, which remain in effect for other property owners.
• Section 4 repeals any conflicting laws.

1. 2025-05-14Effective Date 2025-07-01
2. 2025-05-14Act 315
3. 2025-05-14House Date Signed by Governor (House)
4. 2025-04-10House Sent to Governor (House)
5. 2025-04-04House Agreed Senate Amend or Sub (House)
6. 2025-04-04Senate Passed/Adopted By Substitute (Senate)
7. 2025-04-04Senate Third Read (Senate)
8. 2025-04-04Senate Taken from Table (Senate)

• Mary Oliver (D, HD-084)Primary sponsor
• Phil Olaleye (D, HD-059)
• Rhonda Burnough (D, HD-077)
• Shaw Blackmon (R, HD-146)
• Spencer Frye (D, HD-122)
• Joseph Gullett (R, HD-019)
• Max Burns (R, SD-023)

1. PassedHouse voteMarch 3, 2025

   163 yea, 4 nay (6 not voting, 7 absent)

   Passage: House Vote #136

2. PassedHouse voteApril 4, 2025

   159 yea, 5 nay (5 not voting, 11 absent)

   Agree To Senate Substitute: House Vote #447

3. PassedSenate voteApril 4, 2025

   41 yea, 9 nay (4 not voting, 2 absent)

   Passage By Substitute: Senate Vote #464

• landlord-tenant law
• out-of-state landlords
• property management
• code enforcement
• real estate licensing