A property management company in Atlanta has been collecting rents, signing leases, and screening tenants for a portfolio of single-family homes for three years. The company's owner is a licensed salesperson affiliated with a broker. When a tenant dispute escalates to a complaint with the Georgia Real Estate Commission, the investigation raises licensing and compliance questions that can expose both the management company and supervising broker to significant legal and regulatory consequences.

Georgia property management licensing law is specific about who must be licensed, what activities require a license, and what each license type permits. It is also one of the more commonly misunderstood areas of Georgia real estate practice. The owner-exemption is narrower than most people assume. The on-site employee exception has precise statutory limits. The difference between a salesperson license and a broker license matters enormously for property management operations. And the 2025 legislative session eliminated exemptions that many affiliated management companies had relied upon for years.

This guide covers who must hold a Georgia real estate license to manage property for others, the specific exemptions that apply, what each license type permits, the trust account obligations that attach to licensed property managers, and the continuing education requirements that changed effective July 1, 2025.

Quick Reference: Georgia Property Management Licensing at a Glance

What Constitutes Licensable Property Management Activity in Georgia

Under O.C.G.A. Title 43, Chapter 40, the Georgia Real Estate License Law broadly requires anyone who, for compensation, engages in the management of real property on behalf of another to hold a real estate license issued by the Georgia Real Estate Commission (GREC). The statute defines real estate brokerage to include property management activities performed for others.

Specifically, managing property for another for compensation - including collecting rents, negotiating or executing leases, screening and qualifying applicants, handling security deposits, or making maintenance decisions - constitutes licensable activity in Georgia. A person who performs any of these functions on behalf of a property owner without holding the appropriate license is in violation of O.C.G.A. Chapter 43-40.

The licensing obligation is triggered by two elements together: acting on behalf of another and receiving compensation. Removing either element may take the activity outside the licensing requirement - but both must be absent.

The Four License Types and What Each Permits

Georgia issues four distinct license types relevant to property management, and the distinctions between them are operationally critical.

Broker's License

• A broker's license is the license type required to operate an independent property management company in Georgia. A licensed broker can collect management fees directly, enter into management agreements with property owners, hold client funds in a designated trust account, and supervise affiliated licensees. Most independent property management operations require the principal to hold a broker's license - or to operate under one.

• To qualify for a Georgia broker's license, an applicant must have maintained a salesperson's license on active status for at least three of the five years immediately prior to applying, per O.C.G.A. §43-40-8(c)(4). The applicant must also complete the required broker pre-license education and pass the broker licensing examination.

Associate Broker's License

• An associate broker holds a broker's license but affiliates with and works under another broker's firm rather than operating independently. In a property management context, an associate broker can perform all broker-level activities within the firm but does not serve as the qualifying broker responsible for the firm's overall compliance.

Salesperson's License

• A salesperson license authorizes an individual to perform real estate activities only under the direct supervision and sponsorship of a licensed broker. A salesperson in a property management context can assist with leasing, tenant communication, and maintenance coordination - but cannot independently enter into management agreements, collect management fees for their own account, or operate without the oversight of their affiliated broker. The broker is responsible for the conduct of all affiliated salespersons.

Community Association Manager (CAM) License

• Georgia's CAM license authorizes the holder to manage community associations such as homeowners associations and condominium associations - but not traditional residential rental properties. A CAM licensee who attempts to manage rental properties outside the community association context is operating outside the scope of their license.

The Exemptions Under O.C.G.A. §43-40-29: What They Are and What They Are Not

O.C.G.A. §43-40-29 provides a list of exceptions to the licensing requirements of Chapter 40. These exemptions are narrower than most people in the property management industry assume - and the 2025 legislative session narrowed them further.

The Owner-Manager Exemption (Section 43-40-29(1))

• The statute exempts any person who, as owner, as the spouse of an owner, as general partner of a limited partnership, or as lessor, performs acts in the regular course of managing property they own. This exemption is clean and straightforward: if you own the property you are managing, you do not need a license to manage it.

• The exemption also covers regular employees of the owner performing management functions for the owner's property. The operative word is "regular" - employees in a traditional employment relationship, not independent contractors. An independent contractor performing the same management work does not fall within this exemption.

• This basic exemption - owner plus regular employees managing the owner's own property - remains intact after the 2025 amendment. What changed in 2025 was the elimination of broader exemptions for affiliated management structures, discussed below.

The On-Site Employee Provision

Section 43-40-29 specifically describes the ministerial acts that an unlicensed employee of a licensed broker may perform without holding their own license:

• Delivering a lease application, a lease, or any amendment to any person

• Receiving a lease application, security deposit, rental payment, or related payment made payable to the broker or the owner

• Showing a rental unit to any person, provided the employee is acting under the direct instructions of the broker

• Providing information authorized by the broker about a rental unit, a lease application, or a lease

• Providing information to a tenant about the status of their security deposit or rent payments

• Performing ministerial acts explicitly authorized by the broker in a written agreement between the broker and the employee

The scope of this exemption is precise and limited. The unlicensed employee cannot make discretionary decisions, cannot collect funds for their own account, and cannot act independently. Every act must be either directly instructed or explicitly authorized in writing by the licensed broker.

The Attorney Exemption

• Licensed practicing attorneys acting solely as an incident to the practice of law are exempt from the licensing requirements.

For property management teams maintaining precise lease records, RIOO's contracts and renewals workflows document every lease action with timestamps and party records - creating the audit trail that demonstrates whether each activity was performed within the authorized scope of the responsible licensee.

The 2025 Amendment: Affiliate Exemptions Are Eliminated

This is the most significant change to Georgia property management licensing in recent years - and one that many property management companies have not yet acted on.

During the 2025 Georgia legislative session, the General Assembly amended O.C.G.A. §43-40-29 by eliminating subsections (7) and (8). These provisions had previously allowed property management companies owned by the same parent entity as the property owner - or those with controlling interests in the property - to manage affiliated properties without a brokerage license, even when the management entity was not the direct titled owner.

Under the prior law, subsections (7) and (8) allowed most individuals and firms engaged in property management services to manage affiliated properties without a brokerage license if the management entity shared common ownership with the property owner. Per the Holland & Knight analysis of the 2025 Georgia legislative session, those exemptions have been eliminated.

What remains is the basic exemption under §43-40-29(1): a direct property owner - and their regular employees - managing property the owner actually owns are still exempt. The 2025 amendment did not eliminate this foundational exemption. What it eliminated were the broader structures that allowed separately formed management affiliates, or management companies employed by but separate from the owner, to avoid the licensing requirement.

Property management companies that structured their operations around the affiliate exemption must now evaluate whether their activities require licensure under the amended statute. The statute does not define the scope of "ownership" for purposes of the remaining exemption, which creates some interpretive uncertainty - but the practical message is clear: management structures relying on common ownership relationships between separate entities to avoid licensing must be reviewed by legal counsel.

Also Read: Dispossessory Proceedings in Georgia: Why Getting the Process Right Is Everything

The Qualifying Broker Requirement

Every property management firm operating in Georgia under a real estate license must have a qualifying broker. The qualifying broker is the licensed broker who assumes responsibility for the conduct of all licensees affiliated with the firm.

Under GREC Rule 520-1-.07, the qualifying broker is held responsible for any affiliated licensee who violates the provisions of O.C.G.A. Chapter 43-40 and its attendant rules. The qualifying broker must instruct all affiliated licensees on the provisions of the License Law and must notify GREC of any known violations.

If the qualifying broker of a firm dies, resigns, or is discharged unexpectedly, the firm must secure a new qualifying broker within 60 days - or cease all real estate brokerage activity until it does. A property management company that loses its qualifying broker and does not replace them within 60 days is operating without required licensure.

This creates a specific operational dependency: the licensed status and ongoing compliance of the qualifying broker directly determines whether the entire firm can legally operate. Property management companies with multiple locations or large portfolios need clear succession planning for the qualifying broker role.

Trust Account Obligations Under O.C.G.A. §43-40-20

The trust account requirements are among the most technically specific - and most frequently violated - obligations attached to Georgia property management licensure.

Under O.C.G.A. §43-40-20, a broker who receives trust funds in real estate transactions must:

• Maintain a designated trust or escrow account :
  The account must be at a state bank or trust company (or authorized foreign bank). The broker must notify GREC of the bank's name and the account number and must authorize GREC to examine the account at any time. A broker who receives trust funds but does not have a trust account must open one within one business day of receiving those funds.

• Never commingle client funds with personal or operating funds :
  Client funds held in trust - including security deposits and rental payments collected on behalf of owners - must remain separate from the broker's own funds. The only exception is a minimal balance maintained to keep the account open, which must be clearly identified as the broker's own funds.

• Maintain separate property management trust accounts :
  Brokers who manage property may maintain designated rental trust or escrow accounts separate from their regular brokerage trust accounts. Within those rental trust accounts, security deposits must be clearly identified and credited to the individual tenant, and the account must always maintain a balance equal to the total of all security deposits being held.

• Pay bills only when funds are credited :
  When paying bills on behalf of a property owner from a rental trust account, there must be sufficient funds credited and deposited to that owner's account to cover the payment. Drawing on another owner's funds to cover one owner's expenses is a trust account violation.

• Maintain required accounting records :
  Every trust or escrow deposit must be detailed with the names of both parties, the amount and date of deposit, the identification of the property, and the amount, payee, and date of each check drawn in connection with that deposit.
  
  These are not aspirational standards - they are enforceable legal obligations. GREC has authority under O.C.G.A. §43-40-21 to refer trust account violations to the Attorney General for injunctive relief and to seek appointment of a receiver over a broker's trust accounts.

Getting Licensed: Pre-License Education and Examination

For individuals seeking a Georgia real estate salesperson license as the first step toward property management:

• Minimum age: 18 years old

• Education: High school diploma or GED

• Pre-license education: 75-hour GREC-approved salesperson pre-license course per O.C.G.A. §43-40-8(4)

• Examination: Pass the Georgia real estate salesperson examination

• Post-license education: Complete a 25-hour GREC-approved salesperson post-license course within the first year of licensure per O.C.G.A. §43-40-8(d). Failure to complete this course causes the license to lapse automatically

• Broker affiliation: Must affiliate with a licensed Georgia broker before practicing

For those moving from a salesperson license to a broker license - which is required to operate an independent property management firm - the applicant must have maintained a salesperson's license on active status for at least three of the five years immediately prior to applying, per O.C.G.A. §43-40-8(c)(4), complete the broker pre-license education, pass the broker licensing examination, and meet GREC's character and fitness requirements.

Continuing Education Requirements: What Changed in 2025

All Georgia real estate licensees with license numbers above 100,000 must complete 36 hours of GREC-approved continuing education every four years, by the last day of their birth month. Within those 36 hours, at least 3 hours must cover Georgia License Law.

New as of July 1, 2025 - Broker CE requirement : All Associate Brokers, Brokers, and Qualifying Brokers must now complete 18 hours of broker-specific continuing education as part of their 36-hour renewal requirement. This requirement was approved by the Governor's office in March 2025 and took effect July 1, 2025, confirmed by the official GREC announcement.

The broker-specific CE courses must be at least three credit hours long and must cover topics including training licensees, supervising licensees, reviewing brokerage agreements, and managing a firm. A single course can count toward both the License Law requirement and the broker CE requirement if approved by GREC.

This requirement does not apply to salesperson licensees or CAM licensees. Non-resident brokers licensed by reciprocity are also exempt from the new broker CE requirement. Inactive brokers who activate their license after July 1, 2025 must complete the 18 hours of broker CE upon activation.

Common Compliance Failures and Disciplinary Consequences

GREC disciplines licensees for a range of violations. The following are among the most common in the property management context:

• Operating without a license :
  Under O.C.G.A. §43-40-24, any person who performs property management activities for compensation without the required license cannot maintain any legal action to collect their fee. Unlicensed activity also exposes the individual to criminal penalties under O.C.G.A. §43-40-25.

• Trust account violations :
  Commingling client funds, failing to maintain required account balances, paying owner expenses without sufficient funds credited, or failing to notify GREC of the trust account are each separately actionable violations. GREC actively audits trust accounts.

• Operating under an affiliate exemption that no longer exists :
  The 2025 amendment eliminated the affiliate exemptions under §43-40-29(7) and (8). Property management entities that structured operations around those provisions and have not updated their structure face unlicensed practice exposure.

• Qualifying broker failure :
  Operating without a qualifying broker - or with a qualifying broker who has had their license suspended or revoked - is a violation that affects every licensee affiliated with the firm.

• CE non-completion :
  Failure to complete the required continuing education by the renewal deadline results in license lapse. A lapsed licensee who continues practicing is an unlicensed practitioner.

• Incorrect use of license type :
  A salesperson operating independently, or a CAM licensee managing traditional rentals, is practicing outside the scope of their license.

Frequently Asked Questions

1. Does every property manager in Georgia need a real estate license?
Any person who manages property on behalf of another for compensation in Georgia must hold a real estate broker's license - or work under a licensed broker. The license requirement covers collecting rent, executing leases, screening tenants, and making management decisions for compensation. Owners managing their own property and their regular employees are exempt under §43-40-29(1).

2. Can a salesperson license be used to operate an independent property management company in Georgia?
No. A salesperson must work under the direct supervision of a licensed broker and cannot independently enter into management agreements, collect management fees for their own account, or operate without broker oversight. Operating an independent property management company requires a broker's license.

3. Do on-site employees need a real estate license in Georgia?
Not if they are regular employees of the property owner performing ministerial acts under the direct instructions of the licensed broker, within the specific activities authorized by O.C.G.A. §43-40-29. However, if the on-site employee makes independent discretionary decisions about the property, they have stepped outside the exemption.

4. What did the 2025 Georgia legislative session change about property management licensing exemptions?
The 2025 amendment to O.C.G.A. §43-40-29 eliminated subsections (7) and (8), which had allowed affiliated management companies with common ownership and management firms employed by property owners to avoid the licensing requirement. The basic exemption for owners and their regular employees managing the owner's own property under §43-40-29(1) remains intact.

5. What trust account obligations apply to licensed Georgia property managers?
Under O.C.G.A. §43-40-20, licensed brokers managing property must maintain designated trust accounts at authorized financial institutions, notify GREC of the account details, authorize GREC to examine the account, never commingle client funds, maintain balances equal to all security deposits held, and keep detailed accounting records for every deposit and disbursement.

6. Can a Community Association Manager license be used to manage rental properties in Georgia?
No. The CAM license authorizes management of community associations such as HOAs and condo associations. It does not authorize management of traditional residential rental properties.

8. What happens if a property manager collects fees without a required license in Georgia?
Under O.C.G.A. §43-40-24, an unlicensed person cannot maintain any legal action to collect compensation for property management services. The fees are unenforceable. The individual also faces potential criminal penalties under §43-40-25.

Conclusion

Georgia property management licensing is specific and its compliance consequences are immediate. The requirement is a broker's license for independent management operations. The owner exemption covers direct owners managing their own properties and their regular employees - but not affiliated management entities relying on the structures eliminated by the 2025 amendment. The on-site employee exception is narrow, ministerial, and requires active broker supervision. Trust account obligations are detailed, enforceable, and actively audited by GREC. And continuing education requirements for brokers became more demanding as of July 1, 2025.

Property management companies operating in Georgia need clarity on which license type governs their specific activities, whether any applicable exemptions remain valid post-2025, whether their trust account structure meets every technical requirement, and whether every affiliated licensee is current on their CE. These are not one-time questions - they are recurring operational obligations that must be tracked across the life of the firm.

RIOO supports Georgia property management operations with the financial tracking, lease management, and portfolio visibility that licensed property managers need to operate in compliance with these requirements.

Disclaimer : This blog is intended for general informational purposes only and does not constitute legal advice. Georgia real estate licensing laws are subject to change, and individual circumstances vary. Property managers and firms should consult a qualified Georgia attorney and verify current requirements with the Georgia Real Estate Commission before making compliance decisions.