Property Management Laws And Regulations In Georgia

Georgia regulates third-party property management through several authorities at once, and the rules that matter most to a management company are the ones covering your license, your client trust accounts, and the money you hold on behalf of owners and tenants. This guide covers those rules for professional managers, with the statute or agency regulation behind each one.

Everything below is sourced to Georgia's own statutes, agency rules, and court materials rather than to secondhand summaries. Specific dollar amounts and deadlines do change; the citations do not, so you can always open the authority and confirm the current text before you act on it.

Licensing Requirements For Property Managers

Georgia requires a real estate broker's license, issued by the Georgia Real Estate Commission (GREC), for anyone who manages property, collects rents, or provides community association management for others for compensation. The statutory definition of a broker in O.C.G.A. Title 43, Chapter 40 expressly covers property management and rent collection, and the exemptions in O.C.G.A. 43-40-29 are narrow (chiefly owners and their regular employees). A 2025 law (HB 399) goes further and forces out-of-state owners of single-family and duplex rentals to hire a Georgia-licensed broker. Georgia also has a separate community association manager (CAM) license category.

• Georgia's license law defines a broker to include any person who, for another and for a fee or other valuable consideration, collects rents or other trust funds or performs property management or community association management services, so third-party property management requires a GREC license. (O.C.G.A. 43-40-1)
• GREC states that if an individual performs brokerage activities for a fee in Georgia, including locating tenants for rental properties or performing property management services, and does not fall within the exceptions of O.C.G.A. 43-40-29, the person must be licensed by the Commission; unlicensed activity can lead to fines or sanctions and is also a criminal misdemeanor. (O.C.G.A. 43-40-29; O.C.G.A. 43-40-30)
• The license-law exemptions cover an owner, the owner's spouse or family member, or the owner's regular employees performing acts with reference to property owned or leased by that owner in the regular course of managing the property, plus a community association member who provides management services only to the one association of which they are a member. (O.C.G.A. 43-40-29(a)(1) and (a)(12))
• Effective for 2025, any landlord that is not a Georgia resident and owns or operates single-family or duplex residential rentals in Georgia must employ a Georgia-licensed broker; if that broker does not reside in Georgia, the broker must employ at least one person located in the state who is responsible for receiving, coordinating, managing, and responding to tenant communications about maintenance and related issues. (O.C.G.A. 44-7-25 (created by HB 399, 2025))
• HB 399 also provides that the owner-related exemptions in O.C.G.A. 43-40-29(a)(7) and (a)(8) do not apply to out-of-state landlords of single-family or duplex rentals, closing the self-management loophole for those owners. (O.C.G.A. 44-7-25(b))
• To renew an active license, a Georgia licensee must complete 36 instructional hours of continuing education during the renewal period, including at least 3 hours on the topic of license law. (GREC Rule 520-1-.05(1)(d) and (e); O.C.G.A. 43-40-8)
• Effective July 1, 2025, any broker or associate broker renewing an active Georgia license must have completed at least 18 hours of continuing education on the topic of broker education during each renewal period. (GREC Rule 520-1-.05(1)(f))
• Georgia real estate licenses, including community association manager licenses, operate on a four-year renewal cycle administered by GREC. (GREC Rule 520-1-.04)

Client Trust Account Rules

Georgia brokers who hold client money, including rents and security deposits, must keep it in a separate, federally insured trust (escrow) account registered with GREC. Rule 520-1-.08 and O.C.G.A. 43-40-20 require registration of each account within one month of opening, monthly reconciliation, clear accounting records open to Commission inspection, and prompt delivery of funds by licensees to their broker. A broker may not treat trust funds as commission income until the underlying transaction is consummated or terminated.

• Trust funds include down payments, earnest money deposits, security deposits, rents, association fees, or other funds received in a real estate brokerage transaction; generally any funds that could be returned or refunded or that belong to others must be maintained in a separate, federally insured account designated as a trust or escrow account. (GREC Rule 520-1-.08)
• A broker must notify the Commission of the name of the financial institution and the account name or number for each trust account, and this notification must be made within one month of opening each trust account; a broker may maintain more than one trust account. (O.C.G.A. 43-40-20; GREC Rule 520-1-.08(1)(a))
• A broker is not entitled to any part of earnest money, a security deposit, or other trust funds paid to the broker in connection with a real estate transaction as part or all of the broker's commission or fee until the transaction has been consummated or terminated. (O.C.G.A. 43-40-20; GREC Rule 520-1-.08)
• A broker who does not accept trust funds is not required to maintain a designated trust account, but if such a broker later receives trust funds, the broker must open the designated trust account within one business day of receipt and register it with the Commission within one month. (O.C.G.A. 43-40-20)
• A broker must maintain clear records of the accounting of trust funds, reconcile the trust account monthly, and provide access to those records to the Commission upon request. (GREC Rule 520-1-.08)
• A licensee must place all cash, checks, or other items of value received in a brokerage capacity into the custody of the broker holding the licensee's license as soon after receipt as is practicably possible; licensees may not deposit such funds into their own accounts. (GREC Rule 520-1-.08)
• When registering a trust account, the firm certifies that the account is federally insured and used only for the deposit of funds of others in real estate brokerage transactions, and authorizes the Commission to examine any of the firm's escrow or trust accounts at such times as it may direct. (O.C.G.A. 43-40-20(f) and (h))
• Depending on the level of trust funds held, a broker providing property management or community association management services may need to maintain a fidelity bond or insurance policy. (GREC Rule 520-1-.06; O.C.G.A. 43-40-1)

Trust account rules are where Georgia management companies get into trouble fastest, because a shortage is a licensing problem and not just a bookkeeping problem. The Georgia Real Estate Commission holds the broker responsible for a shortage regardless of who made the entry, which is the main reason property management trust accounting is kept structurally separate from the corporate books. The habits that keep you clean are the boring ones: deposit on time, never let operating money and client money mix, reconcile every account every month, and keep a per, property record you could hand to an auditor without preparing it first. Our guide to preparing for a trust account audit walks through what examiners actually ask for.

Security Deposit Rules

Since July 1, 2024, Georgia caps security deposits at two months' rent. Landlords who own more than ten rental units or who use a management agent must keep deposits in a dedicated escrow account or post a surety bond, must run formal move-in and move-out inspections, and face triple damages for bad-faith withholding. Because any professionally managed property involves a management agent, all of these stricter rules apply to property management companies. All landlords must return the deposit within 30 days.

• No landlord may demand or receive a security deposit in an amount that exceeds the equivalent of two months' rent; this applies to residential leases entered into or renewed on or after July 1, 2024. (O.C.G.A. 44-7-30.1 (created by HB 404, 2024))
• Landlords who own more than ten rental units (counting units owned by their spouse or children) or who contract with a management agent must place security deposits in a bank escrow account used only for security deposits or post a bond with the superior court clerk, and must give tenants written notice of the location of the deposit. (O.C.G.A. 44-7-31)
• All landlords, regardless of the number of units owned, must return the security deposit within 30 days after termination of the lease or the date the tenant vacates, whichever occurs last, and any amounts withheld must be accompanied by a notice identifying the damage and its estimated dollar amount. (O.C.G.A. 44-7-34)
• Landlords subject to the escrow rules (more than ten units or using a management agent) must complete a written move-in inspection list and, within three business days after lease termination, must inspect and prepare a signed list of damages with estimated values; the tenant then has five business days to inspect and sign or dispute the list. (O.C.G.A. 44-7-33)
• A landlord who owns more than ten units or uses a management agent and wrongfully withholds a deposit can be liable for three times the amount wrongfully withheld plus attorney fees, unless the withholding was a mistake made despite efforts to avoid error. (O.C.G.A. 44-7-35)
• Deductions may be taken from the deposit for tenant-caused damage beyond normal wear and tear, unpaid rent or late charges, unpaid pet fees, unpaid utilities owed under the lease, and damages from early termination; normal wear and tear may not be charged. (O.C.G.A. 44-7-34)
• When a rental property is sold, the former owner must either transfer the security deposit to the new owner, who becomes responsible for it, or refund the deposit to the tenant; if a mailed refund is returned undeliverable and the tenant cannot be located after reasonable effort, the deposit becomes the landlord's 90 days after mailing. (O.C.G.A. 44-7-31; O.C.G.A. 44-7-34)

Lease Agreements And Required Disclosures

Since July 1, 2024, every Georgia residential lease is deemed to include a provision that the premises are fit for human habitation, and this cannot be waived by contract. Georgia requires a written flood-history disclosure before lease signing, written notice of where the security deposit is held, and a pre-tenancy move-in inspection list for professionally managed properties, alongside the federal lead-based paint disclosure for pre-1978 housing.

• Any contract, lease, license, or similar agreement, oral or written, for the use or rental of real property as a dwelling place is deemed to include a provision that the premises is fit for human habitation. (O.C.G.A. 44-7-13(b) (as amended by HB 404, 2024))
• If a residential rental property has flooded at least three times in the past five years with damage to living space, the landlord must notify the prospective tenant in writing before entering the lease; failure to disclose makes the landlord liable for the tenant's property damage from flooding during the lease. (O.C.G.A. 44-7-20)
• Landlords required to escrow deposits (including any landlord using a management agent) must give tenants written notice of the location of the security deposit and provide the move-in inspection list before accepting the deposit. (O.C.G.A. 44-7-31; O.C.G.A. 44-7-33)
• For rental housing built before 1978, landlords must disclose all known lead-based paint and lead hazards, provide available records and reports, give tenants the EPA pamphlet Protect Your Family from Lead in Your Home, and include a lead warning statement in or attached to the lease. (42 U.S.C. 4852d (federal); summarized in state handbook)
• The statutory definition of utilities for Georgia's landlord-tenant chapter now means cooling, heat, light, and water service, and it is illegal for a landlord to knowingly and willfully suspend a tenant's utilities during an eviction until after the court's final decision. (O.C.G.A. 44-7-14.1(a) (as amended by HB 404, 2024))
• The lease should establish the conditions under which a landlord may enter the rental unit, including notice; the state handbook advises that lease terms control access, deposits, late charges, and termination procedures. (Georgia Landlord-Tenant Handbook (lease terms))

Entry Notice And Tenant Privacy

Georgia has no statute setting a minimum notice period before a landlord may enter an occupied rental. Entry rights come from the lease, so property managers should write specific entry and notice clauses into every lease and follow them. Entering at unreasonable times or without a lease-granted right can put the landlord in breach.

• The lease establishes under what conditions a landlord may enter a rental unit; Georgia statutes do not impose a general advance-notice requirement for landlord entry. (Georgia Landlord-Tenant Handbook (Landlord Access to the Rental Unit))
• If the lease does not give the landlord the right to enter the unit, the tenant can legally refuse to allow the landlord in. (Georgia Landlord-Tenant Handbook (Landlord Access to the Rental Unit))
• A landlord who enters at unreasonable times, such as the middle of the night, may be in breach of the lease even where the lease grants entry rights. (Georgia Landlord-Tenant Handbook (Landlord Access to the Rental Unit))
• Depriving a tenant of access to the property or materially interfering with the tenant's rights under the lease within three months of a protected tenant action is presumed retaliatory under Georgia's retaliation statute. (O.C.G.A. 44-7-24)

Rent, Late Fees, And Other Charges

Georgia preempts local rent control statewide: no county or city may regulate the rent charged on privately owned residential property. There is no state cap on rent increases or late fees, so lease terms control, but since July 1, 2024 a landlord must give a written three-business-day notice covering all rent, late fees, utilities, and other charges owed before filing an eviction for nonpayment.

• No county or municipal corporation may enact, maintain, or enforce any ordinance or resolution that regulates in any way the amount of rent charged for privately owned, single-family or multiple-unit residential rental property; Georgia has preempted local rent control since 1984. (O.C.G.A. 44-7-19)
• Unpaid rent and late charges owed under the lease are among the amounts a landlord may lawfully deduct from the security deposit; Georgia statutes do not set a dollar or percentage cap on residential late fees, which are governed by the lease. (O.C.G.A. 44-7-34)
• Before filing a dispossessory action for nonpayment, the landlord must give the tenant a notice to vacate or pay all past due rent, late fees, utilities, and other charges owed within three business days; the notice must be posted in a sealed envelope conspicuously on the door and delivered by any additional methods agreed in the rental agreement. (O.C.G.A. 44-7-50(c) and (d) (as amended by HB 404, 2024))
• A tenant facing eviction for nonpayment may avoid eviction by tendering all rent and fees claimed plus court costs within seven days of service of the dispossessory, but a tenant may only use this tender defense once in a twelve-month period. (O.C.G.A. 44-7-52)

Fee income is also taxable income, and how you record management fees, late fees, and pass, through charges affects both your compliance position and your books. See our guide to Georgia property management taxes for the reporting side.

Fair Housing Obligations

The Georgia Commission on Equal Opportunity (GCEO) is the state's only fair housing enforcement agency and enforces the Georgia Fair Housing Law, which parallels the federal Fair Housing Act's protected classes (race, color, religion, sex, national origin, familial status, disability); Georgia adds no extra state-level protected classes. GCEO investigates complaints filed within one year, attempts conciliation, and can refer violations to the Georgia Attorney General.

• The Georgia Commission on Equal Opportunity enforces the Georgia Fair Housing Law and serves as the state's only fair housing and equal employment enforcement agency, operating under the Office of the Governor. (O.C.G.A. 8-3-200 et seq.)
• GCEO's Fair Housing Division enforces the Georgia Fair Housing Law by investigating claims of unlawful housing discrimination throughout Georgia and provides education and training to promote voluntary compliance. (O.C.G.A. 8-3-200 et seq.)
• A fair housing complaint must be filed with GCEO within one year (365 calendar days) of the alleged discrimination for the agency to have jurisdiction to investigate. (O.C.G.A. 8-3-208)
• During an investigation GCEO attempts to resolve complaints through conciliation; if a violation is found and cannot be resolved voluntarily, the case may be referred to the Georgia Attorney General's Office for legal enforcement action. (O.C.G.A. 8-3-208 et seq.)
• HUD has a formal partnership with GCEO under which the state agency processes fair housing complaints, reflecting the Georgia Fair Housing Law's substantial equivalence to the federal Fair Housing Act. (Georgia Fair Housing Law; federal Fair Housing Act)

Habitability And Safety Duties

The Safe at Home Act (HB 404, effective for leases entered or renewed on or after July 1, 2024) made Georgia's landlord repair duty a true habitability standard: every residential lease is deemed to include a provision that the premises are fit for human habitation, and cooling now counts as a utility that cannot be cut off during an eviction. Georgia has separately prohibited landlord retaliation since 2019, with a three-month presumption window and defined remedies.

• The landlord shall keep the premises in repair and is liable for all substantial improvements placed on the premises with the landlord's consent. (O.C.G.A. 44-7-13(a))
• Every residential rental agreement, oral or written, is deemed to include a provision that the premises is fit for human habitation; this duty applies to leases entered into or renewed on or after July 1, 2024. (O.C.G.A. 44-7-13(b); HB 404 Section 6)
• Georgia law prohibits landlord retaliation against tenants who request repairs, participate in tenant organizations addressing health or safety, file good-faith code complaints with a government entity, or attempt to enforce lease or legal rights. (O.C.G.A. 44-7-24)
• If within three months of a protected tenant action the landlord files a dispossessory, deprives the tenant of access, reduces services, raises rent, terminates the lease, or materially interferes with tenant rights, the law presumes retaliation unless the landlord shows a lawful non-retaliatory reason. (O.C.G.A. 44-7-24)
• A successful tenant retaliation claim can recover one month's rent plus 500 dollars, court costs, and possible attorney fees, less any balance the tenant owes the landlord. (O.C.G.A. 44-7-24)
• It is illegal for a landlord to knowingly and willfully suspend a tenant's utilities (cooling, heat, light, and water service) during an eviction until after the judge's final decision. (O.C.G.A. 44-7-14.1)

Eviction Basics

Georgia evictions are court dispossessory proceedings, usually filed in magistrate court in the county where the property sits; self-help eviction is illegal. For nonpayment, the landlord must first give a written three-business-day notice to pay or vacate (for leases entered or renewed on or after July 1, 2024), then file a dispossessory affidavit. The tenant has seven days to answer, and if the landlord prevails a writ of possession issues, effective after seven days.

• A landlord cannot remove a tenant or cut off access without going through the court dispossessory process; self-help evictions are illegal in Georgia even when the tenant has violated the lease. (O.C.G.A. 44-7-50 et seq.)
• At least three business days before filing a dispossessory for nonpayment of rent or fees, the landlord must give the tenant written notice to pay the amounts owed or vacate; the notice may be served by any method provided in the lease or posted in a sealed envelope on the door. (O.C.G.A. 44-7-50(c) (as amended by HB 404, 2024))
• The dispossessory affidavit is filed under oath, typically in magistrate court in the county where the rental property is located, stating the parties, the ground for removal, that possession was demanded and refused, that the three-day nonpayment notice was given if applicable, and amounts owed. (O.C.G.A. 44-7-50)
• The tenant must answer the dispossessory summons orally or in writing within seven days of service; if the tenant does not answer within seven days the court can order eviction by default. (O.C.G.A. 44-7-51)
• If the court rules for the landlord, the landlord requests a writ of possession requiring the tenant to move after seven days; either party may appeal within seven days of judgment. (O.C.G.A. 44-7-55)

Recent Changes Worth Tracking

These are the Georgia changes most likely to affect a management company's procedures. Confirm the effective date against the source below before you update a lease template or a policy.

• Effective 2024-07-01: Safe at Home Act (HB 404): every residential lease deemed to include a fit-for-human-habitation provision, security deposits capped at two months' rent, cooling added to the statutory definition of utilities, and a mandatory three-business-day pay-or-vacate notice before nonpayment dispossessory filings. Applies to leases entered into or renewed on or after the effective date. (O.C.G.A. 44-7-13, 44-7-14.1, 44-7-30.1, 44-7-50 (HB 404, 2024))
• Effective 2025-07-01: HB 399: out-of-state landlords who own or operate single-family or duplex rentals in Georgia must employ a licensed Georgia broker, and an out-of-state broker must have at least one Georgia-based employee handling tenant communications; the owner self-management license exemptions in O.C.G.A. 43-40-29(a)(7)-(8) no longer apply to these landlords, and tenants of licensed-manager properties must provide the manager's name, license number, and contact information to code enforcement on request. (O.C.G.A. 44-7-25; O.C.G.A. 43-40-29; O.C.G.A. 36-74-30 (HB 399, 2025))
• Effective 2025-07-01: GREC Rule 520-1-.05(1)(f): brokers and associate brokers renewing an active license must now complete at least 18 hours of broker-education continuing education per renewal period, within the existing 36-hour CE requirement framework. (GREC Rule 520-1-.05(1)(f))

Staying Compliant Without Guessing

Most Georgia compliance failures are not decisions, they are drift: a deposit that sat too long, a reconciliation that got skipped in a busy month, a lease template that never got updated after a statute changed. Build the calendar first. Monthly trust reconciliations, an annual review of your lease and disclosure packet against current statutes, and a documented process for deposits and refunds cover the large majority of what an examiner will ask about.

This guide is a starting point for professional managers, not legal advice. For a specific dispute, a novel fact pattern, or anything with real money at stake, work with a Georgia attorney, and confirm the current text of any statute cited above with the Georgia real estate regulator or the Georgia legislature.

Sources

Every fact above is drawn from one of the official sources below.

• O.C.G.A. 43-40-1, Georgia Real Estate Commission (GREC RENews, August 2021)
• O.C.G.A. 43-40-29(a)(1) and (a)(12), Office of the Governor of Georgia (HB 399 as signed, 2025)
• GREC Rule 520-1-.05(1)(d) and (e); O.C.G.A. 43-40-8, Georgia Real Estate Commission (Rule 520-1-.05)
• GREC Rule 520-1-.04, Georgia Real Estate Commission (Real Estate Education in Georgia manual)
• GREC Rule 520-1-.08, Georgia Real Estate Commission (GREC RENews, April 2021)
• O.C.G.A. 43-40-20(f) and (h), Georgia Real Estate Commission (Trust Account Registration Form)
• O.C.G.A. 44-7-30.1 (created by HB 404, 2024), Office of the Governor of Georgia (HB 404, Safe at Home Act)
• O.C.G.A. 44-7-31, Georgia Department of Community Affairs (Georgia Landlord-Tenant Handbook)
• O.C.G.A. 44-7-19, Georgia General Assembly (Official Code of Georgia Annotated)
• O.C.G.A. 8-3-200 et seq., Georgia Commission on Equal Opportunity
• O.C.G.A. 8-3-200 et seq., Georgia Commission on Equal Opportunity (Fair Housing Division)
• O.C.G.A. 8-3-208, Georgia Commission on Equal Opportunity (Fair Housing Intake Process)
• Georgia Fair Housing Law; federal Fair Housing Act, Georgia Commission on Equal Opportunity (HUD partnership announcement)