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Marietta, GA Rental Inspections: Inspection Programs (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Requirement
Inspection required before licensing each unit
Inspector
City-licensed, paid by the operator
Large complexes
Over 20 units: 30% random sample allowed
Substitute proof
Section 8 certificate under 12 months old accepted
Correction period
Temporary license capped at 135 days
Entry
Search warrants issued by the municipal judge

Summary

Before the city issues or renews a rental license, Marietta requires a physical inspection of the dwelling or rooming unit by a city-licensed rental housing inspector at the owner's expense. Large complexes of more than 20 units may qualify for random sampling of at least 30 percent of units instead of inspecting every one.

An inspection shall be required for each rental property, dwelling or rooming unit sought to be licensed, provided the business license manager, upon written request by the applicant, may determine by random sampling of at least 30 percent of the dwelling or rooming units, whether an apartment house or rooming house containing more than 20 dwelling or rooming units complies with the provisions of this Code section, provided that those units inspected must be representative of the various types and location of units in the dwelling. Provided however, that the city shall accept a "Section 8" housing certificate in lieu of the inspection required hereunder provided same has been inspected within the last 12 months of the inspection required hereunder.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 56).

Full Breakdown

Section 8-12-28-090 requires an inspection for each rental property, dwelling or rooming unit before the city will license it, and the certificate of compliance procedure at Section 8-12-28-080(C) puts the cost on the operator, who must hire a rental housing inspector licensed by the city. The inspector checks compliance with the Marietta Code and with the standard building, electrical, mechanical, plumbing, gas, fire, energy, swimming pool and unsafe-building codes listed in subsection C, and separately certifies that heating, ventilation, air conditioning and refrigeration equipment works safely.

For an apartment house or rooming house with more than 20 units, the business license manager may, on written request, substitute a random sample of at least 30 percent of the units, provided the units sampled represent the building's different unit types and locations; a Section 8 housing certificate less than 12 months old can also stand in for the inspection. The operator or an agent must accompany the inspector through the unit and unlock doors as required. If an inspection turns up violations, the business license manager issues a written correction order with a compliance deadline under Section 8-12-28-100(B), and the operator can get a temporary rental license, capped at 135 days, while repairs are completed.

Refusing an inspector entry when a search warrant has been issued under Section 8-12-28-160 is a separate offense under Section 8-12-28-170; the municipal judge issues those warrants on a sworn application showing probable cause.

Violations & Fines

Refusing entry to a unit under a validly issued search warrant is unlawful under Section 8-12-28-170. Failing to correct inspection violations by the correction-order deadline blocks issuance of a permanent rental license and can revoke a temporary one under Section 8-12-28-100(C). The business license manager may also impose escalating civil penalties under Section 8-12-28-190 of $300.00, $600.00 and $1,000.00 for a first, second and third violation, or the city can prosecute under Section 8-12-28-210 for a fine up to $12,000.00 and 30 days in jail.

Frequently Asked Questions

Does every rental unit in Marietta get inspected before it can be rented?
Yes, under Section 8-12-28-090, "an inspection shall be required for each rental property, dwelling or rooming unit sought to be licensed." The inspection is performed by a rental housing inspector licensed by the city, at the operator's expense, and must show compliance before the business license manager will issue the rental license.
Can a large apartment complex in Marietta avoid inspecting every unit?
Only if it has more than 20 dwelling or rooming units. On the operator's written request, the business license manager may inspect a random sample of at least 30 percent of the units instead, as long as the sampled units represent the building's different unit types and locations under Section 8-12-28-090.
What happens if a Marietta rental inspection finds violations?
The business license manager sends the operator a written correction order under Section 8-12-28-100(B) setting a deadline to fix the problems and offering an administrative hearing. The operator can apply for a temporary rental license while repairs are made, but that temporary license cannot run longer than 135 days under Section 8-12-28-100(C)(2)(c).
Can a Marietta code inspector force entry into a rental unit?
Only with a search warrant. Section 8-12-28-160 lets the city manager apply to the municipal judge for a warrant on a sworn showing of probable cause, and Section 8-12-28-170 makes it unlawful to refuse entry once that warrant has been issued for the specific unit.

Sources & Official References

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