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Marietta, GA Rental Property Rules: Rental Registration (2026)

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

Key Facts

Scope
Separate license required per rental property
Timing
License required before any tenant occupies unit
Exemption
Owner-occupied units with 2 or fewer roomers
Out-of-county owners
Local Cobb County agent required
Term
License valid two years, renewable
Transfer fee
$10.00 on change of ownership
Civil penalty
$300.00 to $1,000.00, escalating per violation

Summary

Marietta requires a separate rental license for every rented dwelling, dwelling unit or rooming unit in the city before an operator may let a tenant occupy it. Owner-occupied units housing two or fewer unrelated roomers, a temporarily rented primary residence, and hotels or motels renting under 30 days are exempted from the license.

A.No operator shall allow any person to occupy any rental property as a tenant or lessee or otherwise for a valuable consideration unless each room or group of rooms, dwelling unit, rooming unit, or group thereof constituting the rental property has been issued a valid rental license by the city.B.Buildings, or building areas, described in one or more of the following paragraphs are exempted from the requirement to obtain a rental license from the city.1.Any dwelling unit occupied by the owner, or members of the owner's family by marriage, adoption, or whole or half blood up to the second degree of consanguinity, and housing no more than two roomers who are unrelated to the owner or the owner's family.

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

Article 8-12-28 of the Marietta Code, adopted by Ordinance No. 6581 in 2003, requires every nonowner-occupied rental property in the city to carry its own license. Section 8-12-28-040 requires a separate license for each and every rental property, and Section 8-12-28-050(A) bars an operator from letting any person occupy a room, dwelling unit or rooming unit as a tenant for consideration unless the city has issued a valid rental license for it. Three categories are exempt under subsection B: a dwelling occupied by the owner or close family with no more than two unrelated roomers, an owner's principal residence temporarily rented for up to 12 months in any 24-month span while the owner lives elsewhere and intends to return, and commercial hotels and motels renting rooms for under 30 days.

Owners who do not live in Cobb County must appoint a local agent for service of notices under Section 8-12-28-060, reported to the business license manager within five days. Licenses were phased in by ward between April and December 2004 under Section 8-12-28-070 and run for two years once issued, renewable on forms from the business license manager under Section 8-12-28-130. 00 transfer fee under Section 8-12-28-120. Posting the license conspicuously on the premises is mandatory under Section 8-12-28-150.

Violations & Fines

Letting a tenant occupy an unlicensed rental unit violates Section 8-12-28-050(A). The business license manager can pursue an administrative remedy under Section 8-12-28-190, with escalating civil penalties of $300.00 for a first violation, $600.00 for a second and $1,000.00 for a third violation of the same provision, plus license revocation. Section 8-12-28-210 sets the criminal penalty for any Article 8-12-28 violation at a fine of up to $12,000.00 per violation, up to 30 days in jail, or both.

Frequently Asked Questions

Does every rental property in Marietta need its own license?
Yes. Section 8-12-28-040 requires "a separate license... for each and every rental property rented, leased, operated, maintained or carried on by an owner or operator." An owner with multiple rental houses or apartment buildings must obtain and renew a distinct rental license for each address, not one blanket license covering a portfolio.
Are any Marietta rentals exempt from the rental license requirement?
Yes, three categories under Section 8-12-28-050(B): an owner-occupied dwelling housing no more than two unrelated roomers, an owner's own primary residence rented out for up to 12 months in a 24-month period while the owner lives elsewhere and intends to return, and hotel or motel rooms rented for stays shorter than 30 days.
What happens if an owner outside Cobb County rents property in Marietta?
Section 8-12-28-060 requires the owner to appoint a natural person domiciled in Cobb County as a local agent to receive notices on the owner's behalf, and to notify the business license manager of that appointment in writing within five days of the requirement arising, with 15 days to report any later change of agent.
How long does a Marietta rental license last?
Once issued, a rental license runs for two years from the certificate's expiration date under Section 8-12-28-070(B), and must be renewed every two years on forms supplied by the business license manager under Section 8-12-28-130. Selling the property cuts the license short: it expires 30 days after any transfer of ownership under Section 8-12-28-110.

Sources & Official References

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