Leasing and the Law

A workshop for sales brokers (and their agents) who are moving into the business of renting/leasing houses in Georgia.

This workshop starts out with a close look at the laws that govern the listing for lease process including doing the hard stuff like verifying the mortgage, checking deed records, verifying HOA leasing rules, and getting the ownership issues right for properties held in LLC’s, Land Trusts and Corporations. We’ll examine how the laws govern the owner’s requirement to accept comfort pets, handicapped access ramps and accepting international visitors with no social security numbers or credit reports. Clearly agents are obliged to educate the owner on the rules of discrimination, fair housing, American with Disabilities Act, Megan’s Law and the newly revised Lead Paint Laws before they list a home for rent and make sure the owner understands exactly how these laws apply to leasing.

Next we’ll examine how the agent accesses the property as to habitability issues, health conditions, damp basements, mold, utilities, county vacant property permits, city rental restrictions and HOA restrictions to make sure they are leasing with their blessing. Since tenants don’t do home inspection the Buyer Beware protections of the sales model don’t work with leasing and the agent’s duties to access the properties safety and habitability issues become paramount to leasing agents.  

Lastly we’ll address the laws that govern the leasing process. After receiving the application we’ll examine the laws that govern the agent’s response to the Fair Credit Reporting Act regarding their handling of the tenant’s private information, Red Flag Rules regarding identity theft. We’ll examine the license laws regarding escrowing deposits and the laws that govern how the tenant’s personal information must be kept private and out of view of the owner. We’ll examine the Georgia Landlord Tenant Act as it pertains to receiving security deposits, doing move in inspections and stipulations in the lease that are prohibited under this law. 

Brokers to often think “If I know how to list a million dollar home and generate a $50,000 commission I guess I can lease a $1,200 rental.” This may be a reasonable conclusion but you might find it’s not. You’ll be shocked at what didn’t know about the leasing process and maybe rethink whether or not you want to be doing it.

Every broker letting their agents do leasing, and every agent doing leasing, needs to take this class!

Authored by: Robert M. Locke RMP, MPM
Co-authored by Attorney Monica Gilroy Esq of the law firm of Dickenson Gilroy LLC
Ms. Gilroy often co-teaches this class with Robert.

GREC # 59182 3 hr. CE

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