Airbnb regulations by state: license requirements, taxes and more (2023)

By the hospitality team

The United States is a large country that offers many opportunities for aspiring investors looking to purchase a property to rent on Airbnb. But when you decide ifbecome a short term rental host, you need to understand how the laws and regulations work in your city.

The problem is that short-term rental laws and regulations are very local and can be very confusing. Also, some cities maylimit your ability to rent your home in the short term, trying to keep the rapid growth of Airbnb rentals in check.

So, if you're thinking about turning your property into a vacation rental, here's information on various aspects of Airbnb's current regulations by state. We'll also talk about short-term rental laws in some popular places.Investments in Airbnband observe the specific rules at some vacation rental locations.

You can also check ourAirbnb Hosting Guidefor beginners, covering all the essentials you need to become a successful STR host.

Airbnb rules by state and city

Launching in 2008, Airbnb revolutionized the vacation rental market, allowing travelers to rent individual rooms or entire houses for less. And for homeowners, short-term rental of their homes has become a desirable way to start one.real estate hustleand get extra income. But in recent years, many US states and cities have enforced strict regulations on Airbnbs and vacation rentals that vary from place to place.

Please note that Airbnb regulations in the US are constantly changing and this article should not be construed as legal advice. So do your due diligence and check with your local attorney to make sure you are taking the necessary steps to comply with local laws and regulations.

Understanding the current short-term rental regulations in your city is critical to the success of your business. Once you've got it set up, consider using vacation rental software like Hospitable.com to automate your routine. Hospitable can help you manage conversations with guests through automated messages andChatGPT Integration, synchronize calendars in the mainOTA platforms, assign tasks to your team automatically and more.

Airbnb rules in Florida

Under Florida law, local governments are prohibited from completely banning short-term rentals and cannot limit the length or frequency of stays. This makes Florida one of the preferred states for those who are interested in investing in vacation homes. But county and city governments can adopt their own regulations to control the negative impact of vacation rentals on local communities.

license requirements

In Florida, all vacation rentals, including Airbnbs, aremust be licensedthrough the Florida Department of Business and Professional Regulation (DBPR). You must obtain a DBPR license if you rent an entire unit more than three times a year for periods of less than 30 days, or if you advertise the unit to the public as frequently rented to guests.

A DBPR license is not required if you wish to rent a single room or multiple rooms that do not qualify as public accommodation. However, such leases may still be subject to other city, county, or other local requirements.

Taxes

STR operators in Florida pay several different taxes, including:

• Income tax is paid annually to the federal and state governments.
• State sales tax is paid to the Florida Department of Revenue; in Florida it is 6%
• County sales tax varies by county; county rates can be found on form DR-15DSS
• The local option for the transient rental tax varies by county: county rates and instructions for reporting and remittance can be found on form DR-15TDT.

Reglas STR en Kissimmee, FL

In Kissimmee, short-term rentals are defined as guest stays of less than six months, and a short-term rental business is only allowed to operate in certain zoning zones. You should check with the City of Kissimmee Planning Division to determine if your listing meets zoning requirements or uses definitions. Owners must also apply for one.business tax receiptbefore starting an STR business.

STR Rules in Miami, FL

miamiimposes restrictions on vacation rental propertieslisted on the CDMP Land Use Map Plan as low-density property or residential. The responsible party, normally the owner, must live in the property for more than six months in a calendar year. The rental can also take place at the same time that the person responsible resides in the property.

The maximum stay for all Miami vacation rentals is up to 2 people per night. bedroom plus 2 additional people per property. The maximum overnight stay must not exceed 12 people, excluding children under three years of age.

New York Short Term Rental Regulations

New York State defines short-term rentals as renting a home for less than 30 consecutive days. But for tax purposes they are defined as reservations of less than 90 consecutive days.

At the state level, short-term rentals are regulated by the New York State Multiple Dwelling Law, which does not allow short-term rentals in multi-family dwellings ("Class A" multiple dwellings). But in most apartment complexes it is possible to rent a room if the permanent resident lives there during the guest's stay. Therefore, renting part of a property from the owner may be an option if all parts of the apartment are available to the paying guest.

Licenses and fees

There are no statewide requirements for short-term rental licenses and permits. However, most cities and towns in the state have strict vacation rental license requirements.

Vacation rentals in New York are subject to 4% state sales tax, local sales tax, and local lodging tax. Vacation rental owners must register with the New York State Department of Taxation and Finance to obtain a sales tax certificate.

Love STR New York City

New York City has restrictive STR regulationsdescribed in the New York State Multiple Dwelling Law, the New York City Administrative Code and the New York City Zoning Resolution. These restrictions prohibit renting an apartment or entire house to guests for less than 30 days, even if you own or live in the building. Hosts must be present during a guest's stay if it is less than 30 days and can only host two paying guests at a time.

On January 9, 2022, New York City passed Local Law 18, also known as the Short Term Rental Registration Law, which requires STR hosts to register withOffice of Special Execution(OSE). New York City Local Law 18 prohibits OTA platforms like Airbnb and Vrbo from processing transactions for unregistered listings.

Airbnb Rules in Texas

As the fourth most visited state in the United States, Texas has minimum statewide regulations for short-term rentals and allows municipal governments to determine their laws and regulations. With high demand for vacation rentals, affordable real estate prices, and a favorable business environment, Texas offers excellent opportunities forrunning a successful Airbnb business. But it is important to have a good understanding of the laws and regulations at the state and municipal level.

By listing your property on other OTA sites, you will be able to reach a wider audience and increase your occupancy rate and revenue. Managing listings on multiple platforms becomes easier with vacation rental software like Hospitable. Our tool instantly syncs your calendars between platforms and protects you from double bookings.

Licenses and fees

There are no state level license requirements to operate a vacation rental business in Texas. However, many major cities have specific licensing requirements, so you should check them before listing your property on Airbnb, Vrbo, or Booking.com.

STR owners in Texas are also expected to pay two types of taxes:

• 6% state hotel occupancy tax collected by the Texas Office of the Comptroller
• Local timber tax collected by local tax authorities

STR I love Dallas, TX

Currently, there are no specific regulations for short-term rentals in Dallas, except for tax purposes. But for some years there have been heated debates within the city's legislative branch. Dallas city council members debateproposed city code and zoning changeswould make short-term rentals illegal in residential neighborhoods but legal in commercial areas.

Cities like Arlington and Fort Worth already restrict short-term rentals in their residential neighborhoods.

Airbnb California Rules

California has strict rules for short term rentals. Although state short-term rental laws are not very detailed, they allow local governments to set rules and restrictions in areas under their jurisdiction.

Many California cities restrict short-term rentals, and some cities, like Irvine and Temecula, even ban them entirely. Most cities require hosts to register their units and obtain a license or permit. STR property owners must also pay the Transient Occupancy Tax (TOT). The rate varies between counties and cities and generally ranges from 6% to 14%.

STR I love Los Angeles, CA

HeShared housing regulationswhich went into effect in 2019, only restricts short-term rental accommodations to the host's primary residence, where they live for more than six months of the year. This type of shared accommodation is also limited to 120 days a year and hosts must register with the city. A host can only make a single short-term rental.

Vacation Rental Rules in Palm Springs, CA

Hosts must have a Homeshare or Vacation Rental Registration Certificate and a Temporary Occupancy Tax Permit to legally operate any short-term rental. The owner must sign a written contract with a responsible person 25 years or older who will meet and greet guests in person and explain local rules and regulations. Maximum occupancy is limited to 2 adult overnight guests per room and one vehicle per room.

In November 2022, Palm Springs adopteda regulationwhich limits the number of short-term rentals in its jurisdiction to 20% of homes in residential neighborhoods. The new order also reduces the number of days a host can rent their STR property from 36 to 26.

last thought

Airbnb laws and regulations in the US change frequently and locally, with some cities having very restrictive regulations. So if you're planning to invest in short-term rental properties, it's critical to do your due diligence and research Airbnb regulations by state to find cities with the fewest Airbnb legal issues.

Note: We do not provide legal advice.If you have questions about Airbnb regulations in your jurisdiction, please contact your local government or consult a local attorney to ensure you are in full compliance with all laws in your area at the city and state level.