Do Apartment Locators Need A License?

Apartment locators are required to hold an active real estate license in all 50 states. What was once treated in some states as an informal marketing agreement is now clearly recognized as a licensed real estate activity nationwide.

Apartment locators are paid a commission that is tied directly to a lease transaction. Because this compensation is considered real estate commission, state licensing laws require anyone performing locating services for compensation to be licensed under a sponsoring broker. This applies whether you work independently, for a locating company, or under a brokerage.

Holding a real estate license means apartment locators must meet education requirements, pass a background check, complete continuing education, and follow state real estate law and fair housing regulations. Licensed locators also have fiduciary duties to their clients and are held to professional and ethical standards that protect both renters and apartment communities.

For locators, licensing isn’t just a legal requirement—it’s what legitimizes the profession. It provides credibility with property managers, protects your right to earn and collect commissions, and ensures you can operate a compliant, sustainable apartment locating business anywhere in the country.

Disclaimer: The information provided on this website, including links to state regulatory boards and related resources, is for informational purposes only. While we strive to keep this information accurate and up-to-date, real estate laws and licensing requirements can change annually. Apartment locators are advised to independently verify the current laws and licensing requirements for their respective state(s) through the relevant state regulatory bodies. We recommend consulting legal professionals or directly contacting state agencies to ensure compliance with the latest regulations.

Regulatory Licensing Information For Each State

State Regulatory Body Website License Required for Apartment Locators Reference / Citation
Alabama Alabama Real Estate Commission (AREC) arec.alabama.gov Yes AREC guidance: persons receiving referral/finder’s fees in connection with real estate transactions must be licensed. AREC — Official Site
Alaska Alaska Real Estate Commission commerce.alaska.gov Yes
Arizona Arizona Department of Real Estate (ADRE) azre.gov Yes ADRE: referral/finder’s fees and compensation in leasing must be paid to a licensee; unlicensed persons should not receive finder/referral fees. ADRE — Referral or Finder’s Fees (FAQ)
Arkansas Arkansas Real Estate Commission (AREC) arec.arkansas.gov Yes
California California Department of Real Estate (DRE) dre.ca.gov Yes Leasing for compensation is a regulated real estate activity under California law (see DRE resources). DRE — Official Site
Colorado Colorado Division of Real Estate (DRE) dre.colorado.gov Yes “Pursuant to section 12-10-201(6), C.R.S., the leasing and subsequent management of real estate for a fee or compensation is included among the activities for which a License is required.” DRE — Commission Position 15 (PDF)
Connecticut Connecticut Department of Consumer Protection – Real Estate portal.ct.gov Yes
Delaware Delaware Real Estate Commission dpr.delaware.gov Yes
Florida Florida Real Estate Commission (FREC) myfloridalicense.com Yes FREC Declaratory Statement DS 2015-001: referring prospective tenants to rental properties for compensation requires a real estate license. FREC — DS 2015-001 (PDF)
Georgia Georgia Real Estate Commission (GREC) grec.state.ga.us Conditional O.C.G.A. §43-40-25(b)(17) prohibits paying commissions to unlicensed persons. GREC guidance: management/locator firms must be licensed brokers; individuals may work as locators only if employed by a licensed broker/firm or the property owner. GREC — FAQ (Commission Payments) · GREC — Paying Commissions to an Unlicensed Business Entity (PDF)
Hawaii Hawaii Real Estate Commission cca.hawaii.gov/reb Yes
Idaho Idaho Real Estate Commission irec.idaho.gov Yes
Illinois Illinois Department of Financial and Professional Regulation (IDFPR) idfpr.illinois.gov Yes Illinois law includes limited licensing for residential leasing activities (see Illinois Real Estate License Act). ILCS — Real Estate License Act
Indiana Indiana Real Estate Commission in.gov Yes
Iowa Iowa Real Estate Commission plb.iowa.gov Yes
Kansas Kansas Real Estate Commission (KREC) krec.ks.gov Yes
Kentucky Kentucky Real Estate Commission krec.ky.gov Yes
Louisiana Louisiana Real Estate Commission lrec.gov Yes
Maine Maine Real Estate Commission maine.gov Yes
Maryland Maryland Real Estate Commission dllr.state.md.us Yes
Massachusetts Massachusetts Board of Registration of Real Estate Brokers & Salespersons mass.gov Yes
Michigan Michigan Department of Licensing and Regulatory Affairs – Real Estate michigan.gov Yes
Minnesota Minnesota Department of Commerce – Real Estate mn.gov Yes
Mississippi Mississippi Real Estate Commission mrec.ms.gov Yes
Missouri Missouri Real Estate Commission (MREC) https://pr.mo.gov/realestate.asp Yes Missouri law defines real estate brokerage to include leasing and rental activity for compensation. Missouri Revised Statutes § 339.010 defines a “real estate broker” as any person who, for another and for compensation, negotiates or assists in the rental or leasing of real estate. Missouri Revised Statutes § 339.150 further prohibits payment of commissions or referral fees to unlicensed persons for such activities.

RSMo § 339.010 — Definition of Real Estate Broker
RSMo § 339.150 — Payment of Commissions to Unlicensed Persons Prohibited
Montana Montana Board of Realty Regulation boards.bsd.dli.mt.gov Yes
Nebraska Nebraska Real Estate Commission nrec.nebraska.gov Yes
Nevada Nevada Real Estate Division red.nv.gov Yes
New Hampshire New Hampshire Real Estate Commission oplc.nh.gov Yes
New Jersey New Jersey Real Estate Commission (NJREC) https://www.nj.gov/dobi/division_rec/index.htm Yes New Jersey law expressly requires a real estate license for accepting compensation for assisting in locating rental housing. N.J.S.A. § 45:15-1.2 makes it unlawful for any person, prior to lease execution, to charge or accept any fee or compensation for providing assistance in locating rental housing unless licensed under the New Jersey Real Estate License Act. Additionally, N.J.A.C. 11:5-6.5 requires residential rental referral agencies to be licensed.

N.J.S.A. § 45:15-1.2 — License Required for Locating Rental Housing
N.J.A.C. 11:5-6.5 — Residential Rental Referral Agencies
New Mexico New Mexico Real Estate Commission rld.nm.gov Yes
New York New York Department of State – Division of Licensing Services https://dos.ny.gov/real-estate-broker-salesperson Yes New York law defines real estate brokerage to include leasing and renting real property for others for compensation. New York Real Property Law § 440(1) defines a real estate broker as any person who, for another and for a fee, negotiates or offers to negotiate the rental or leasing of real estate. New York Real Property Law § 442-d further prohibits the payment or receipt of commissions or compensation for real estate brokerage services unless the person is duly licensed.

NY Real Property Law § 440 — Definitions (Real Estate Broker)
NY Real Property Law § 442-d — Unlicensed Persons Barred from Commission
North Carolina North Carolina Real Estate Commission (NCREC) ncrec.gov Yes North Carolina General Statutes §93A-2(a): brokerage includes leasing or offering to lease real estate for others for compensation. NCGS §93A-2(a)
North Dakota North Dakota Real Estate Commission realestatend.org Yes
Ohio Ohio Division of Real Estate & Professional Licensing com.ohio.gov Yes
Oklahoma Oklahoma Real Estate Commission ok.gov/OREC Yes
Oregon Oregon Real Estate Agency oregon.gov/rea Yes
Pennsylvania Pennsylvania Real Estate Commission dos.pa.gov Yes
Rhode Island Rhode Island Department of Business Regulation – Real Estate dbr.ri.gov Yes
South Carolina South Carolina Real Estate Commission (SCREC) llr.sc.gov/re Yes S.C. Code §40-57-30: “real estate brokerage” includes leasing/renting for others; leasing/referral activities fall within licensure. S.C. Code §40-57-30 (Justia)
South Dakota South Dakota Real Estate Commission dlr.sd.gov/realestate Yes
Tennessee Tennessee Real Estate Commission (TREC) tn.gov/trec Yes T.C.A. §62-13-102(4)(A) — definition of “broker” includes persons who, for a fee, negotiate or attempt to negotiate rentals/leases; rental-location agents are regulated. Tennessee Code — Title 62, Ch. 13 (Justia)
Texas Texas Real Estate Commission (TREC) trec.texas.gov Yes Texas Occupations Code and TREC guidance: leasing/locating for compensation is brokerage activity requiring licensure. (See TREC FAQs and Texas Occupations Code §1101.002.) TREC — FAQ
Utah Utah Division of Real Estate realestate.utah.gov Yes
Vermont Vermont Office of Professional Regulation – Real Estate Commission sos.vermont.gov Yes
Virginia Virginia Real Estate Board dpor.virginia.gov Yes
Washington Washington State Department of Licensing – Real Estate dol.wa.gov Yes
West Virginia West Virginia Real Estate Commission rec.wv.gov Yes
Wisconsin Wisconsin Department of Safety & Professional Services – Real Estate dsps.wi.gov Yes
Wyoming Wyoming Real Estate Commission realestate.wyo.gov Yes