Out-of-State Landlord in Georgia? Here's What HB 399 Means for You in 2026

If you own a Georgia rental property but live in another state, a change in Georgia law may affect how your property is managed.

House Bill 399 was signed on May 14, 2025, and took effect on July 1, 2025. That means the law is already in force in 2026. Under the new O.C.G.A. § 44-7-25, certain out-of-state landlords must work with a licensed Georgia real estate broker when managing single-family homes and duplexes.

The requirement applies even if you own only one rental property.

This article explains what HB 399 means for absentee owners, what the law requires, and how to review your current management setup.

Important: This article provides general information and is not legal advice. Questions about residency, LLCs, trusts, partnerships, short-term rentals, or your specific management arrangement should be reviewed with a Georgia attorney and, when appropriate, the Georgia Real Estate Commission.

What does HB 399 require?

HB 399 requires a landlord who is not a Georgia resident and who owns or operates a single-family or duplex residential rental property in Georgia to employ a broker licensed under Chapter 40 of Title 43.

In plain English, an out-of-state owner of a Georgia rental house or duplex generally needs to work through a Georgia-licensed real estate broker.

That broker may be located in Georgia or in another state. However, if the broker does not reside in Georgia, the broker must employ at least one person who is physically located in Georgia and responsible for:

• Receiving tenant communications
• Coordinating maintenance
• Managing property-related issues
• Responding to tenants about maintenance and other concerns

The statute does not state that this in-state employee must personally hold a real estate license. The licensing obligation applies to the broker. The in-state person’s role is to provide a local point of contact for tenants and property issues.

You can review the enacted bill through the official Georgia HB 399 legislation document.

Who is covered by the law?

HB 399 applies when both of these conditions are true:

1. The landlord is not a resident of Georgia.
2. The landlord owns or operates a Georgia single-family or duplex residential rental property.

The law is based on residency, not portfolio size. You do not need to own several properties for the law to apply. If you live outside Georgia and own one qualifying rental house, the requirement may apply to you.

The law is also focused on property type. It specifically addresses single-family and duplex residential rentals. Larger apartment communities may be subject to other licensing and management requirements, but they are outside the narrow property description in this section.

Residency questions can become more complicated when a property is owned by an LLC, trust, or partnership. HB 399 does not clearly define how “resident” applies to every type of ownership entity. If your property is held in an entity, ask a Georgia attorney to evaluate your structure rather than assuming the answer.

HB 399 closes the self-management route for covered owners

Before HB 399, Georgia law included exemptions that often allowed an owner to manage property personally, through a company they controlled, or through a full-time employee.

HB 399 specifically says those exemptions in O.C.G.A. § 43-40-29(a)(7) and (a)(8) do not apply to a nonresident landlord covered by the new law.

That means an out-of-state owner generally cannot rely on the following arrangements for a covered property:

• Managing the home personally from another state
• Managing the rental through a company the owner controls
• Using an unlicensed full-time employee as the management solution
• Treating ownership of the property as a substitute for working through a licensed broker

The Georgia code provisions addressing real estate licensing exemptions provide additional context.

This does not mean you must give up ownership or day-to-day decision-making. It means the property management relationship should be structured through a properly licensed broker or brokerage.

What are the practical risks of ignoring the requirement?

HB 399 itself does not list a specific penalty schedule for every violation of § 44-7-25. However, surrounding Georgia real estate law creates practical risks for unlicensed management activity.

Under O.C.G.A. § 43-40-30, acting as a real estate licensee without the required license can lead to enforcement by the Georgia Real Estate Commission. Depending on the circumstances, the Commission may issue a cease-and-desist order. Violations involving continued unlicensed activity can result in fines of up to $1,000 per transaction, with each day potentially treated as a separate violation under the statute.

There is also a financial risk. Under O.C.G.A. § 43-40-24, an unlicensed person generally cannot sue in Georgia courts to collect compensation for acts that required a real estate license.

In practical terms, an owner may face problems if the person or company handling leasing, rent collection, tenant communications, or other management services is not operating under the required licensed structure.

The safest approach is not to wait for a dispute, code complaint, or tenant issue. Review the arrangement before a problem arises.

Code enforcement now has a clearer path to your property manager

HB 399 also revised O.C.G.A. § 36-74-30(b).

Georgia law generally does not allow local governments to conduct investigations or inspections of residential rental properties without probable cause to believe that a code violation exists. It also does not permit a general rental-property registration requirement under this provision.

However, when there is probable cause of a code violation, a code enforcement officer may request that the tenant provide the property manager’s:

• Name
• License number
• Contact information

The tenant is required to provide that information for a property managed by someone licensed under Chapter 40 of Title 43.

This makes it especially important for owners to know who their official property manager is and to make sure the tenant has accurate contact information. The manager’s identity should not be unclear, outdated, or different from the person actually handling maintenance and property issues.

You can read the related Georgia code enforcement provision here.

What should out-of-state landlords do in 2026?

If you own a Georgia rental from another state, consider taking these steps:

1. Confirm whether HB 399 applies

Review:

• Where you personally reside
• Whether the property is a single-family home or duplex
• Whether the property is rented for residential use
• Whether an LLC, trust, or partnership owns the property
• Whether the property is a long-term or short-term rental

If you are unsure how your ownership structure affects the residency question, consult a Georgia attorney.

2. Review who currently manages the property

Identify the person or company responsible for:

• Leasing and renewals
• Rent collection
• Tenant communication
• Maintenance coordination
• Vendor access
• Emergency response
• Property inspections

If that person or company is not operating through a Georgia-licensed broker, ask for clarification about the licensing structure.

3. Use a written management agreement

Make sure the Georgia-licensed brokerage is clearly identified as the licensee of record under a written management agreement. The agreement should explain who is authorized to act for the property, how tenant communications are handled, and how maintenance and rent collection are managed.

Do not assume that an informal arrangement with a friend, relative, handyman, or unlicensed assistant satisfies the law.

4. Confirm the local point of contact

You should know exactly who is physically available in Georgia to receive and coordinate tenant maintenance requests. Your tenants should also have current contact information for reporting repairs and other property concerns.

5. Keep your records current

Maintain copies of:

• Your management agreement
• The brokerage’s license information
• Tenant contact instructions
• Vendor and maintenance records
• Emergency procedures
• Property inspection documentation

Good records make it easier to respond to tenant concerns, code enforcement questions, insurance claims, and owner reporting needs.

What about short-term rentals?

HB 399 left the separate short-term rental exemption in O.C.G.A. § 43-40-29(a)(11) intact.

That exemption addresses properties available for less than 90 days, but it includes several conditions involving the management agreement, occupancy, deposits, taxes, zoning, utilities, and other requirements.

Do not assume that calling a property a “short-term rental” automatically removes it from all licensing obligations. If your property is rented for fewer than 90 days, have the specific arrangement reviewed to determine whether the statutory exemption applies.

How GateKey Management helps out-of-state owners

For absentee owners, compliance is only one part of the challenge. You also need a reliable local partner who can respond when a tenant reports a leak, coordinate a vendor, collect rent, or address a property issue while you are hundreds of miles away.

GateKey Management is a Georgia-based property management company serving owners who want dependable local support. Our property management services can include:

• Tenant relations and communication
• Leasing and tenant placement
• Rent collection
• Maintenance coordination
• Property upkeep
• Owner reporting
• Local oversight for out-of-state owners

If you are comparing property management companies in Atlanta or looking for property management for landlords who live outside Georgia, ask whether the company has the licensed brokerage structure, local availability, and communication process your property requires.

The bottom line

HB 399 is already in effect. If you live outside Georgia and own or operate even one qualifying single-family home or duplex rental in the state, you should review how the property is managed.

The key questions are:

• Does the law apply to me?
• Is a Georgia-licensed broker involved?
• Is there a written management agreement?
• Who is the local point of contact for my tenants?
• Is my ownership structure compliant?
• Are my tenant and property records up to date?

A local, properly structured management relationship can help you protect your investment, respond faster to tenant needs, and manage your Georgia property with greater confidence from out of state.

This article is general information and is not legal advice. Consult a qualified Georgia attorney for advice about your specific property, ownership entity, residency status, and management arrangement.