Cobb County, Georgia Short-Term Rental Regulation: A Guide For Airbnb Hosts

What are Short-Term Rental (Airbnb, VRBO) Regulations in Cobb County, Georgia?

Cobb County, Georgia has recently passed new regulations governing short-term rentals like Airbnb and VRBO. These rules, which go into effect on January 1, 2023, aim to address concerns about the impact of vacation rentals on residential neighborhoods while still allowing homeowners to earn income from their properties. Here's what you need to know about starting a short-term rental business in Cobb County under the new ordinance.

Starting a Short-Term Rental Business in Cobb County

Under the new law, short-term rental operators in Cobb County are required to:

• Obtain a separate short-term rental certificate from the county business license office for each rental unit
• Designate a local agent, such as a property manager, who can quickly resolve any issues that may arise at the property
• Limit occupancy to one person for every 390 square feet
• Provide one parking space per bedroom, plus one additional space
• Follow all applicable county codes for residential property, including zoning, building, fire prevention, and health/sanitation regulations

Short-term rental certificates are valid for up to 30 days at a time. Operators must pay a $55 annual application fee to the Cobb County Business License Office to maintain compliance.

The new regulations also specify that only one short-term rental certificate can be active per dwelling unit at a time. This provision was added in response to concerns that homes could be turned into "transient hotels" with multiple parties occupying a residence simultaneously.

Some short-term rental owners have expressed opposition to the ordinance, arguing that it will make it difficult for them to supplement their income and may force them to sell their properties. However, county officials believe it's important to have an enforcement mechanism in place, even if the new code is not perfect.

Short-term rentals in Cobb County are subject to hotel/motel taxes, tourism fees, and other applicable local and state taxes. Platforms like Airbnb and VRBO automatically collect some of these taxes on behalf of hosts.

It's crucial for short-term rental operators to be aware of and comply with all relevant regulations, as violations can result in fines and legal issues. With careful planning and adherence to the new ordinance, it's still possible to run a successful short-term rental business in Cobb County.

Short-Term Rental Licensing Requirement in Cobb County

To legally operate a short-term rental in Cobb County, property owners must obtain a short-term rental certificate from the Cobb County Business License Office for each rental unit, effective January 1, 2023. The application process requires:

1. Paying a $55 annual application fee to maintain compliance
2. Designating a local agent who can quickly resolve any issues that may arise at the property
3. Adhering to occupancy limits of one person per 390 square feet
4. Providing one parking space per bedroom, plus one additional space

Following all applicable county codes for residential property, including zoning, building, fire prevention, health, and sanitation regulations

Short-term rental certificates are valid for up to 30 days at a time, and only one certificate can be active per dwelling unit simultaneously to prevent homes from being turned into "transient hotels" with multiple parties.

Applications for short-term rental certificates should be submitted to:

Cobb County Business License Office
1150 Powder Springs St, Suite 400
Marietta, GA 30064

The typical processing time for applications is not specified on the county website. However, it's advisable to apply well in advance of the intended rental start date to allow ample time for processing.

Failure to obtain and maintain a valid short-term rental certificate can result in fines and legal penalties. STRs are also subject to hotel/motel taxes, tourism fees, and other applicable local and state taxes, which are automatically collected by some platforms like Airbnb and VRBO on behalf of hosts.

It's crucial for STR operators to carefully review and comply with all requirements outlined in the Cobb County short-term rental ordinance to avoid violations and ensure the success of their rental business. The new regulations aim to balance the concerns of residents with the economic benefits of STRs in the community.

Required Documents for Cobb County Short-Term Rentals

To obtain a short-term rental certificate in Cobb County, property owners must submit the following documents to the Cobb County Business License Office:

1. Short-Term Rental Application: This form, available on the Cobb County Community Development website, collects basic information about the property owner, rental unit, and designated local agent.
2. Proof of Property Ownership: Applicants must provide documentation showing legal ownership of the rental property, such as a deed or property tax record. This ensures that only legitimate property owners can obtain a short-term rental certificate.
3. Local Agent Designation Form: Short-term rental operators are required to appoint a local agent who can quickly respond to any issues that may arise at the property. The local agent's contact information must be submitted using the designated form.
4. Occupational Tax Certificate (Business License): Short-term rental owners must obtain a separate occupational tax certificate for each rental unit. This involves registering the business with the Cobb County Business License Office and paying the applicable fees.
5. Proof of Insurance: While not explicitly stated in the ordinance, it is generally advisable for short-term rental operators to maintain appropriate property and liability insurance coverage. Some hosting platforms may require proof of insurance as part of their terms of service.
6. Signed Acknowledgement of Short-Term Rental Regulations: Applicants must review and sign a document confirming their understanding of and agreement to comply with all provisions of the Cobb County short-term rental ordinance, including occupancy limits, parking requirements, and health and safety standards.

The Cobb County Business License Office is responsible for processing short-term rental certificate applications. All required documents and fees should be submitted to:

Cobb County Business License Office
1150 Powder Springs St, Suite 400
Marietta, GA 30064

Failure to obtain and maintain a valid short-term rental certificate can result in fines of $500 per day of operation without a certificate. Repeated violations may lead to revocation of the certificate and a 12-month ban on short-term rentals at the property.

By carefully compiling and submitting the necessary documentation, short-term rental owners can ensure compliance with Cobb County's new regulations and avoid costly penalties. The county's goal is to balance the benefits of short-term rentals with the need to protect public safety and neighborhood quality of life.

Cobb County Short-Term Rental Taxes

Short-term rental operators in Cobb County are subject to several types of taxes, including:

1. State Sales Tax: All vacation rentals in Georgia are required to collect and remit a 7% state sales tax on the rental price. This tax is automatically collected by booking platforms like Airbnb and Vrbo on behalf of hosts and paid directly to state tax authorities.
2. Local Sales Tax: In addition to the state sales tax, Cobb County levies a local sales tax on short-term rentals. This tax is also collected by Airbnb and Vrbo on behalf of hosts.
3. Hotel-Motel Tax: Cobb County charges a hotel-motel tax on short-term rentals, which is collected by hosting platforms and remitted to local tax authorities.
4. Tourism Fees: Short-term rentals in Cobb County are subject to tourism fees, which are collected along with other applicable taxes.

The exact percentages for the local sales tax, hotel-motel tax, and tourism fees in Cobb County are not specified in the available search results. However, it's crucial for short-term rental operators to be aware of and comply with all tax obligations to avoid penalties.

If taxes are not being automatically collected by the hosting platform, it is the responsibility of the short-term rental owner to collect and remit them to the appropriate tax authorities.

Possible Write-Offs or Deductions

Short-term rental owners may be eligible for certain tax write-offs or deductions related to their rental business. These can include:

1. Mortgage interest
2. Property taxes
3. Rental insurance
4. Utilities
5. Cleaning and maintenance expenses
6. Repairs and renovations
7. Depreciation of the rental property and furnishings

It's advisable for short-term rental operators to consult with a tax professional to determine which deductions apply to their specific situation and to ensure proper documentation and reporting of expenses.

By understanding and complying with all applicable tax requirements, short-term rental owners in Cobb County can avoid costly penalties and maintain a successful rental business while contributing to the local economy.

Georgia Wide Short-Term Rental Rules

In addition to Cobb County's specific short-term rental regulations, there are several state-wide rules in Georgia that affect vacation rental hosts:

1. State Sales Tax: All short-term rentals in Georgia are subject to a 7% state sales tax on the rental price. Platforms like Airbnb and Vrbo automatically collect this tax on behalf of hosts and remit it directly to state tax authorities.
2. Hotel-Motel Fees: Georgia levies hotel-motel fees on short-term rentals statewide. These fees are collected along with the state sales tax by hosting platforms.
3. Prohibition on Local Registration Requirements: A Georgia state law prohibits local governments from mandating that residential rental properties be registered with the county or municipality. Some have argued this conflicts with Cobb County's new requirement for short-term rental certificates.
4. Tybee Island Restrictions: While not directly applicable to Cobb County, it's worth noting that some Georgia localities have implemented more stringent regulations on short-term rentals. For example, Tybee Island has banned new vacation rentals in residential districts and imposed insurance requirements and potential permit caps.

Overall, Georgia has taken a relatively hands-off approach to regulating short-term rentals at the state level, with most rules being implemented by county and municipal governments. However, the state-wide sales tax, hotel-motel fees, and prohibition on local registration mandates provide an important framework that all Georgia hosts must navigate.

Short-term rental operators in Cobb County should carefully review both state and local regulations to ensure full compliance and avoid potential fines or legal issues. Consulting with a tax professional and local authorities can help clarify the specific obligations for each rental property.

Does Cobb County Strictly Enforce STR Rules?

Based on discussions among short-term rental hosts on forums like Bigger Pockets and Reddit, Cobb County appears to be taking a fairly strict approach to enforcing its new STR regulations compared to some other Georgia localities. The county has made it clear that all short-term rental operators must register their properties and obtain the required permits starting January 1, 2023, or face potential fines and legal consequences.

While some hosts on these forums have expressed frustration with the added red tape and costs associated with Cobb County's STR ordinance, most seem to agree that operating without proper licensing is not worth the risk. The county has signaled that it intends to actively monitor compliance and crack down on violators.

Compared to more Airbnb-friendly cities like Savannah, which has a higher percentage of vacation rentals and a longer history of STR activity, Cobb County appears to be taking a more cautious and restrictive approach. The county's goal seems to be striking a balance between allowing short-term rentals and protecting neighborhood character and quality of life.

That said, there are undoubtedly some hosts who will attempt to fly under the radar and operate STRs in Cobb County without fully complying with the new rules. However, the consensus among experienced hosts on forums is that this is a risky proposition that could lead to significant financial and legal penalties.

Overall, while Cobb County may not be the most Airbnb-friendly destination compared to some other parts of Georgia, it is still possible to operate a successful and compliant short-term rental business there. Hosts will need to carefully review and adhere to all local regulations, obtain the necessary permits and licenses, and be prepared for stricter enforcement than they may encounter elsewhere in the state.

How to Start a Short-Term Rental Business in Cobb County

Starting a short-term rental business in Cobb County requires careful planning and adherence to the new regulations that went into effect on January 1, 2023. Here are the key steps to get started:

1. Research local regulations: Thoroughly review Cobb County's short-term rental ordinance to understand the requirements for operating a vacation rental, including zoning restrictions, occupancy limits, parking rules, and health and safety standards. Familiarize yourself with the application process for obtaining a short-term rental certificate.
2. Choose a property: Select a property that meets Cobb County's zoning requirements for short-term rentals and has the potential to attract guests. Consider factors like location, amenities, and proximity to popular attractions. Keep in mind that under the new regulations, only one short-term rental certificate can be active per dwelling unit at a time.
3. Prepare the property: Ensure the rental property is clean, well-maintained, and equipped with all necessary furnishings and amenities. Consider hiring a professional cleaning service and investing in high-quality linens, towels, and other essentials to create a welcoming environment for guests.
4. Obtain necessary permits and licenses: Apply for a short-term rental certificate from the Cobb County Business License Office for each rental unit. This involves paying a $55 annual fee, designating a local agent to handle any issues that may arise, and agreeing to follow all applicable county codes and regulations.
5. Set up a listing:Create an attractive and informative listing on popular short-term rental platforms like Airbnb and VRBO. Include high-quality photos, detailed descriptions of the property and amenities, and clear house rules. Set competitive rates based on market research and seasonality.
6. Implement a management system: Develop a system for managing bookings, guest communication, cleaning, and maintenance. Consider using vacation rental software to automate tasks and streamline operations. Establish clear check-in and check-out procedures and provide guests with all necessary information prior to their arrival.
7. Comply with tax obligations: Register with state and local tax authorities and collect all required taxes, including state and local sales tax, hotel-motel tax, and tourism fees. Many short-term rental platforms will automatically collect some taxes on behalf of hosts, but it's important to understand your specific obligations.
8. Promote your listing: Utilize various marketing channels to promote your short-term rental and attract bookings. This may include optimizing your listing for search engines, leveraging social media, and offering promotions or discounts during slower periods.
9. Provide excellent guest experiences: Prioritize guest satisfaction by providing prompt and friendly communication, clean and well-maintained accommodations, and thoughtful amenities. Encourage guests to leave reviews and respond promptly to any feedback or concerns.
10. Stay informed and adaptable: Keep up with any changes to Cobb County's short-term rental regulations and be prepared to adapt your business practices accordingly. Join local host communities or forums to stay informed about best practices and connect with other short-term rental operators in the area.

By following these steps and remaining compliant with Cobb County's short-term rental ordinance, you can build a successful vacation rental business while contributing positively to the local community. Remember that the county has signaled its intention to actively enforce the new regulations, so it's crucial to operate transparently and responsibly to avoid potential fines or legal issues.

Who to Contact in Cobb County about Short-Term Rental Regulations and Zoning?

If you have questions or concerns about short-term rental regulations and zoning in Cobb County, there are several key contacts and resources available:

1. Cobb County Community Development Agency: The Community Development Agency is responsible for enforcing the county's short-term rental ordinance and issuing certificates of occupancy. You can reach them by phone at (770) 528-2180 or by email at comdev@cobbcounty.org. Their office is located at 1150 Powder Springs St, Suite 400, Marietta, GA 30064.
2. Cobb County Business License Division: The Business License Division handles applications for short-term rental certificates and occupational tax certificates (business licenses). Contact them at (770) 528-8410 or by email at businesslicense@cobbcounty.org. They are located in the same office as the Community Development Agency.
3. Cobb County Code Enforcement: If you need to report a violation of the short-term rental ordinance or other county codes, you can file a complaint with Code Enforcement online at https://www.cobbcounty.org/community-development/enforcement/short-term-rentals or by calling (770) 528-2180.

In addition to these official contacts, there are several online communities where Cobb County short-term rental hosts can connect, share experiences, and ask questions:

1. Cobb County Short-Term Rental Alliance: This Facebook group is dedicated to advocating for fair and reasonable short-term rental regulations in Cobb County. It's a great place to stay informed about local issues and connect with other hosts. You can find them at https://www.facebook.com/groups/cobbcountystra/.
2. Atlanta Area Short-Term Rental Hosts: This Facebook group brings together vacation rental owners and managers from across the Atlanta metro area, including Cobb County. Members share tips, ask questions, and discuss local regulations. Join the group at https://www.facebook.com/groups/atlantaareashortermrentals/.
3. Bigger Pockets Short-Term Rental Forum: While not specific to Cobb County, the Bigger Pockets forum has a section dedicated to short-term rentals where hosts from around the country share advice and experiences. You can access the forum at https://www.biggerpockets.com/forums/530-short-term-rentals.

By reaching out to these official contacts and participating in online host communities, you can stay informed about Cobb County's short-term rental regulations, get answers to your questions, and connect with other local vacation rental operators. Remember to always operate your short-term rental business in compliance with county ordinances to avoid potential fines or legal issues.

What Do Airbnb Hosts in Cobb County on Reddit and Bigger Pockets Think about Local Regulations?

Cobb County short-term rental hosts have been actively discussing the new regulations on various online forums and communities. Here are some insights and experiences shared by local hosts:

• Bigger Pockets Forum - "New Airbnb Regulations in Cobb County, GA": In this thread, a Cobb County host expresses concern about the impact of the new regulations on their rental business. They mention that the requirement to obtain a separate certificate for each rental unit and the occupancy limits could make it more difficult to operate profitably. Other hosts chime in with questions about the application process and how strictly the county plans to enforce the rules.
• Reddit - r/AirBnB - "Cobb County, GA Short-Term Rental Regulations": A host in this Reddit thread shares their experience navigating the new regulations. They mention that while the application process was relatively straightforward, the annual fee and occupancy limits have forced them to adjust their business model. They also express frustration with the county's decision to restrict short-term rentals, arguing that it unfairly targets responsible hosts while doing little to address the issues associated with "party houses."
• Airbnb Community Center - "New laws being implemented for Cobb County Airbnb properties": In this discussion, several Cobb County hosts share their thoughts on the new regulations. Some express support for the county's efforts to regulate short-term rentals, arguing that it will help level the playing field and ensure that all hosts are operating responsibly. Others are more critical, citing concerns about the impact on their businesses and the potential for the rules to be unfairly enforced.

Overall, the sentiment among Cobb County short-term rental hosts appears to be mixed. While some appreciate the county's efforts to establish clear guidelines and ensure a level playing field, others are concerned about the potential impact on their businesses and the challenges of complying with the new rules. Many hosts seem to be taking a "wait and see" approach, closely monitoring how the county enforces the regulations and adapting their operations accordingly.

As the new ordinance goes into effect and more hosts navigate the registration process, it's likely that additional insights and experiences will be shared on these forums and communities. Staying engaged with these discussions can be a valuable way for Cobb County hosts to stay informed, connect with their peers, and adapt to the evolving regulatory landscape.

Disclaimer: While we here at BNBCalc strive to keep all of our regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.