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Regulations that May Potentially Affect Your Short Term Rental

 

Many places have laws that apply to short term rentals.  Many of these laws require that you register or obtain a permit or a license prior to listing your property. You may also be responsible for collecting and remitting certain taxes. In some places, short-term rentals could be prohibited altogether.

You are responsible for your decision to list or book your property and you should check all applicable laws before listing with us or allowing any bookings at your property.  Below is an overview of select requirements.  This overview is not comprehensive and does not constitute legal advice.

Select a region

 

North America

Miami Beach, Florida
To list your property with us, Miami Beach requires that you have a business tax receipt and a resort tax registration certificate.

Seattle, Washington
Short-term rental operators in Seattle are required to collect and remit applicable taxes. For more information about the laws governing operating a short-term rental, go here.

Portland, Oregon
Portland requires you to be registered with the City in order to share your home. For more information, the City’s Transient Lodging Tax Ordinance and Short-Term Rental Ordinance can be found here and here.   Our Certificate of Authority to Collect Transient Lodgings Tax can be found here.

Massachusetts
Massachusetts law requires us to notify you that you must comply with all applicable municipal, state and federal laws including, but not limited to, the collection and remittance of required excises. Additionally, standard homeowners or renters insurance may not cover property damage or bodily injury to a third-party arising from your short-term rental.

Miami-Dade County (unincorporated portions only)
Under Miami-Dade County’s ordinance regulating short-term rentals in the unincorporated portions of the County, individuals offering property for short-term rental on sites like ours must obtain a Certificate of Use from the County and comply with additional requirements. We encourage you to review the County’s requirements for short-term rentals, and apply for a Certificate of Use (information here). Among the County’s requirements for short-term rentals are specifications regarding maximum occupancy, residency, providing notice of local laws to travelers, providing notice to homeowners associations, parking, avoiding renting to sex offenders, and swimming pool safety.

 

St. Paul, Minnesota
Under St. Paul’s ordinance regulating short-term rentals, individuals offering property for short-term rental on sites like ours must obtain a license from the City and comply with additional requirements. We encourage you to review the City’s requirements for short-term rentals, set forth here and here, and apply for a license here.

Chicago, Illinois
Under Chicago’s ordinance regulating short-term rentals, individuals offering property for short-term rental on sites like ours must register with the City. For more information about the city’s short-term rental law, please visit the City of Chicago’s Business Affairs and Consumer Protection website.

San Francisco, California
Rentals in San Francisco, California, for less than 30 days, may be subject to the City’s Administrative Code Chapters 37 and 41A.   The regulations indicate that to rent your home, you must be a permanent resident.  That is, you must live in your home for at least 275 days per year, or if you have owned or rented for less than a year, 75% of the days. The regulations also require: registration with the San Francisco Planning Department before renting; collection and remittance of transient occupancy taxes for all short-term rentals; and filing quarterly reports reflecting rental activity and the taxes paid based on that activity.  Details about the laws and regulations can be found in the City of San Francisco’s Short Term Rental Starter Kit.  Additional information about San Francisco’s transient occupancy tax can be found here.

Santa Fe, New Mexico
Before you advertise your property for rent, you should review the state and local laws that may apply. Rentals for fewer than 30 days in Santa Fe, New Mexico may be subject to Section 14-6.2 of the City’s Land Use Development Code. The regulations set out requirements for renting residential units in the City. Those renting residential units may be required obtain a permit or register their unit with the City. The Code imposes other requirements relating to the number of guests who are allowed to stay in your unit, parking, noise, and compliance with the City’s health, safety, and environmental codes. You may be required to collect and remit to the City all applicable local, state, and federal taxes, including the City’s Lodgers’ Tax. You can learn more about the City’s short term rental laws, and obtain the application for a short term rental permit here.

Santa Monica, California
On May 12, 2015, the Santa Monica City Council adopted the Home-Sharing Ordinance reiterating its ban on the rental of entire units as vacation rentals. The Home-Sharing Ordinance also legalized the short term rental of a portion of a person’s home when the host lives on-site throughout the visitor’s stay and when the host obtains a business license. Hosts are also required to collect and remit Transient Occupancy Tax if not collected and remitted by the hosting platform.

Tuolumne County, California
Before you advertise your property for rent, you should review the state and local laws that may apply. Rentals for fewer than 30 days in unincorporated areas of Tuolumne County, California may be subject to the County’s Transient Occupancy Tax. You may be required to register your rental unit with the county tax collector, obtain a transient occupancy registration certificate, and follow other notification and record-keeping requirements. Learn more about the County’s transient occupancy tax.

Utah
Before you advertise your property for rent, you should review the state and local laws that may apply. Rentals for fewer than 30 days in Utah may be subject to a transient room tax up to 4.25% imposed by your county. The Utah State Tax Commission publishes a list of the counties that impose a transient room tax and the current rate here. More information about the transient room tax is available at the Utah State Tax Commission’s website here.

Europe

Berlin, Germany
Here is an overview of the Berlin law against the misappropriation of housing space:

  • Housing space may generally only be used for a purpose other than for housing if you have the necessary permission. For example, this applies to renting out your primary or secondary home as a vacation rental repeatedly on a daily basis or weekly basis.
  • In addition, a limit of no more than 90 days per year generally applies to secondary homes.
  • Offering and advertising housing space for purposes other than housing requires a registration number by the competent district administration which must be displayed at all times in all advertisements / listings for each unit.

Please ensure to add your registration number to the available field in your listing with us.  For registration and further information please refer to the service website of the City of Berlin (in German).

Paris, France
To list your property on with us, Paris requires that you have a registration number.

  • Registration numbers are thirteen characters long containing 11 digits and 2 alphanumeric characters. If you have a registration number please add it to the available field in your listing.
  • You will not list your property with us until you enter a registration number. When you have a registration number, you’ll be able to complete your listing.
  • Visit your government’s website to apply for a registration number and learn more about rental requirements.

For further information please refer to the service website of the City of Paris.

Portugal
Do you have an existing, valid vacation rental registration?

We stand by a full-compliance policy with national legal requirements and advise all users to read the information available on application regulations.  Please review the following:

  • THE NEW REGULATION ON LOCAL ACCOMMODATION Decree-Law no. 128/2014, as amended by Decree-Law no. 63/2015, regulates the local accommodation market in Portugal and establishes the applicable legal regime for this business. The main requirement established by this regulation implies the registration of the establishment through a simple prior communication through the Electronic One-Stop System (BalcãoÚnicoElectrónico).  Recent amendments to the Regulation on tourism enterprises embodied in Decree-law 80/2017 determine that advertisements on electronic platform must include the National Registration Number: RNAL for local accommodation and RNET for touristic enterprises.  To obtain a registration number you’ll need to fill out an application form on Portugal’s Portal do Cidadão website.  You’ll receive a registration number, which you’ll need to add to your listing with us.

For further information please refer to Portugal’s Portal do Cidadão website.

Barcelona, Spain
We are committed to compliance with current legislation on holiday rentals.  Our platform allows you to enter your registration number in a field reserved for this purpose in your advertisement.  We remind you that your agreement us states that you (the advertiser) have the responsibility to comply with all laws, rules and regulations applicable to your rental activity.

Greece
Article 111 of Law 4446/2016 has introduced the obligation for short-term rental property managers/administrators to register each property into the “Short-Term Stay Property Registry” kept by I.P.R.A.  Property Managers/Administrators must display the property identification number on their listing when they lease their property on a digital platform.  Please be aware that you are supposed to get just one property identification number even if you rent the same property on different digital platforms.  Our platform includes a specific field for you to report your property identification number on your listing.

For more information, please consult this page.

Murcia, Spain
We remind you that you are required to obtain a registration number for your short term rental.  Our platform allows you to enter your registration number in a field reserved for this purpose in your listing.  You are responsible for complying with all laws, rules and regulations applicable to your rental activity.

Italy
Before listing your property with us, you represent that you are a professional property manager operating a business with a valid VAT registration.