Richmond Hill's rental market has an unusually high share of out-of-state owners, largely a byproduct of Fort Stewart's constant cycle of PCS moves sending military families to new duty stations while they hold onto a home here. Georgia lawmakers took direct aim at exactly this kind of ownership pattern with House Bill 399, which took effect July 1, 2025.
If you've only seen a headline about this law and haven't looked at what it actually requires, it's worth a closer look, since the compliance details matter more than the general idea.
Key Takeaways
Broker Requirement: Non-resident landlords of single-family homes or duplexes must retain a Georgia-licensed real estate broker to manage the property.
In-State Staffing: Out-of-state brokerages must employ at least one Georgia-based staff member for tenant communications and property oversight.
Effective Date & Scope: Took effect July 1, 2025, applying to all non-resident owners regardless of portfolio size.
Exemptions & Local Limits: Clarifies family ownership licensing exemptions and caps additional local registration or inspection mandates.
Penalties: Noncompliance can result in fines, code enforcement actions, and restrictions on collecting rent or leasing the property.
Who HB 399 Actually Applies To
The law's core requirement, found in Section 2 of the bill, targets non-resident landlords of single-family or duplex residential rental properties. If your primary residence is outside Georgia, and that includes many of the military families we work with who've PCS'd to a new post but kept their Richmond Hill home as a rental, this law applies to you regardless of whether you own one property or a larger portfolio.
It does not matter whether the property sits vacant part of the year or is continuously occupied. What matters is where the owner actually lives, not where the property is located.
What Compliance Actually Requires
Under HB 399, an out-of-state owner has to engage a real estate broker licensed in Georgia to manage the rental property. That much is straightforward. The detail that catches people off guard is what happens if the broker itself is based outside Georgia: in that case, the brokerage is required to employ at least one Georgia resident who meets licensure standards under Chapter 40 of Title 43, specifically to handle tenant communications and local property oversight.
In plain terms, a national property management company without genuine Georgia-based staff doesn't satisfy this requirement just because it holds a broker's license somewhere. There's no exception carved out for institutional owners or larger portfolios here either. This is exactly the kind of local, on-the-ground presence our property management services are built around for the out-of-state owners we work with.
A Family Member Can't Just Manage the Property Informally
One of the more common misunderstandings about HB 399 is whether a trusted family member or friend living in Georgia can step in to satisfy the law's requirements. They cannot unless that person is also a Georgia-licensed broker or property manager.
The law does clarify and modernize certain licensing exemptions for specific family ownership arrangements, but a personal relationship alone, without the underlying license, doesn't meet the standard. For an out-of-state owner who has been relying on a relative or a former neighbor to casually check on the property, HB 399 changes that arrangement from a convenience into a compliance gap.
Limits on What Local Governments Can Demand
HB 399 isn't only about placing new requirements on landlords. It also restricts how far local governments, including municipalities around Richmond Hill and coastal Georgia, can go in layering on their own registration systems or inspection mandates beyond what state law already establishes, unless a specific property-level issue has already been identified.
This provision matters for owners managing properties across multiple jurisdictions in the region, since it sets a more consistent baseline rather than leaving every city or county free to impose its own separate out-of-state landlord registry.
The Real Cost of Ignoring This Law
Failing to comply with HB 399 carries real consequences beyond an abstract legal technicality. Owners who don't engage a properly licensed Georgia broker, or whose out-of-state manager lacks the required in-state staff member, can face fines, code enforcement actions, and in more serious cases, restrictions on their ability to legally rent out the property or even collect rent at all.
Given how many owners in this market ended up out-of-state through a military reassignment rather than a deliberate investment decision, it's an easy requirement to overlook simply because the ownership situation happened gradually rather than as a planned business move.
Reviewing your current management arrangement against these requirements now is far less costly than discovering a gap during a tenant dispute or a local enforcement action. Our owner FAQs page addresses several related questions we hear from military and out-of-state owners specifically.
What This Looks Like in Practice
For an owner who PCS'd away from Fort Stewart and kept their home as a rental, HB 399 compliance means confirming the company or individual managing that property holds an active Georgia broker's license, and if that company's home office sits outside the state, confirming they genuinely employ someone in Georgia who handles tenant calls and property oversight directly, not merely someone answering a national call center line.
It also means updating lease documentation and tenant-facing contact information to reflect exactly who that local point of contact is, since HB 399 exists specifically to eliminate the "ghost landlord" problem where tenants can't get a timely response to a maintenance issue or complaint. Our tenant resources page shows the same communication standard from the other side, what tenants should expect once a compliant local contact is in place.
FAQ
Does HB 399 apply to me if I only own one rental property in Georgia?
Yes. The law applies regardless of how many properties a non-resident owner holds, as long as the property is a single-family home or duplex.
Can a family member manage my property instead of a licensed broker?
Only if that family member is themselves a Georgia-licensed broker or property manager. A personal relationship alone doesn't satisfy the requirement, though the law does clarify certain family ownership exemptions.
What happens if my property manager is based outside Georgia?
The brokerage must employ at least one Georgia-based staff member responsible for tenant communications and property oversight, even if the primary company operates from another state.
What are the penalties for not complying with HB 399?
Noncompliance can lead to fines, code enforcement actions, and in more serious cases, restrictions on an owner's ability to legally rent out the property or collect rent.
Getting Ahead of a Law Built for This Exact Market
HB 399 was written with markets like Richmond Hill in mind, where military PCS moves have created a large population of genuinely out-of-state owners almost by circumstance rather than by investment strategy. Confirming your current management arrangement actually satisfies the law's licensing and in-state staffing requirements protects both your tenants' experience and your own legal standing as an owner.
If you'd like help reviewing your compliance status or transitioning management for a property you now own from out of state, reach out to our team today.
