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

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

Fulton County, Georgia, which includes the city of Atlanta, has specific regulations for short-term rentals like Airbnb and VRBO. These rules are outlined in local ordinances and zoning codes. It's important for property owners to familiarize themselves with these regulations before starting a short-term rental business.

Starting a Short-Term Rental Business in Fulton County

To legally operate a short-term rental in Fulton County, property owners must:

• Obtain a short-term rental license from the City of Atlanta. The application requires information such as the property owner's name, address, phone number, and email, as well as details about the rental unit like the number of bedrooms and parking spaces.
• Pay an annual non-refundable fee of $200. Licenses expire on December 30th each year and must be renewed annually.
• Provide proof of insurance for $500,000 or more.
• Notify adjacent neighbors of the short-term rental application.
• Pay a hotel-motel tax of 8% on a monthly basis.

While Fulton County does not have county-wide regulations, many cities within the county, such as South Fulton, have their own short-term rental ordinances. In South Fulton, for example, hosts must also obtain an occupation tax certificate and a business license in addition to the short-term rental license.

It's important to note that Georgia does not have state-wide regulations for short-term rentals, but hosts are required to pay sales and hotel-motel taxes. Registering with the Georgia Department of Revenue is necessary to pay these taxes, unless renting through a booking platform like Airbnb that remits taxes on behalf of the owner.

Before starting a short-term rental business in Fulton County, it's crucial to research the specific regulations in your city or municipality, as they can vary. Consulting local government websites, real estate forums, and property management companies can provide valuable guidance in navigating the legal requirements.

Short-Term Rental Licensing Requirements in Fulton County

To legally operate a short-term rental in Fulton County, property owners must obtain a short-term rental license from the City of Atlanta. The application process involves submitting the following documents and information:

1. Property owner's name, address, phone number, and email
2. Details about the rental unit, including the number of bedrooms and parking spaces
3. Proof of insurance for $500,000 or more
4. Notification to adjacent neighbors of the short-term rental application

The annual, non-refundable fee for the license is $200. Licenses expire on December 30th each year and must be renewed annually.

In addition to the license, short-term rental operators in Fulton County must also:

1. Pay a hotel-motel tax of 8% on a monthly basis
2. Comply with any other applicable permits or licenses, such as those needed for special events

Applications for short-term rental licenses in Fulton County can be submitted through the City of Atlanta's online permitting portal. The process typically takes several weeks, as the application must be reviewed and approved by the Department of City Planning.

Failure to obtain a short-term rental license can result in fines and penalties. In Hapeville, for example, non-compliance may lead to code violations. Repeat offenses, defined as failing to comply with provisions more than twice in a calendar year or if the property is subject to repeated health or safety violations, can result in additional fines set by the city council.

It's crucial for short-term rental operators in Fulton County to familiarize themselves with the specific regulations and licensing requirements in their city or municipality, as they can vary. Consulting local government websites and carefully following the application process can help ensure compliance and avoid potential penalties.

Required Documents for Fulton County Short-Term Rentals

To apply for a short-term rental license in Fulton County and the City of Atlanta, property owners must submit the following documents:

1. Proof of property ownership: This can be a deed or other legal document showing the applicant owns the rental property. It establishes the right to use the property as a short-term rental.
2. Government-issued ID: A valid form of identification, such as a driver's license or passport, is required to verify the applicant's identity and residency in Atlanta.
3. Short-Term Rental Homeowner's Affidavit: This notarized form attests that the information provided in the application is true and accurate. It can be obtained from the City of Atlanta's Department of City Planning website.
4. Short-Term Rental Agent Affidavit and Authorization (if applicable): If applying on behalf of the primary owner, an agent must submit a notarized affidavit and authorization form, also available on the city's website.
5. Proof of insurance: Applicants must provide evidence of homeowner's or renter's insurance covering the short-term rental property.
6. HOA statement (if applicable): If the property is governed by a homeowners' association, a signed and notarized statement from the HOA confirming that short-term rentals are permitted is required.
7. Certified letters to adjacent properties: Evidence that the applicant has notified adjacent property owners of their intent to operate a short-term rental via certified mail.
8. Parking map: A Google map or similar diagram of the property indicating available parking spaces for guests.

These documents, along with a completed application and fee payment, must be submitted to the City of Atlanta's Department of City Planning either in person or by mail. The application review process typically takes up to 10 business days.

Failure to obtain a short-term rental license or operating in violation of the ordinance may result in fines and penalties. In Hapeville, for example, non-compliance can lead to code violations, with repeat offenses subject to additional fines set by the city council.

Fulton County Short-Term Rental Taxes

Short-term rental operators in Fulton County, Georgia are subject to several types of taxes, which must be collected from guests and remitted to the appropriate authorities. Understanding these tax obligations is crucial for compliance and the success of your rental business.

State Sales Tax

The State of Georgia imposes a sales tax of 4% on the listing price, including any cleaning fees, for short-term rentals of 89 nights or less. This tax is collected by Airbnb on behalf of hosts and remitted to the state.

County/Local Sales Tax

In addition to the state sales tax, Fulton County and its cities charge a local sales tax ranging from 2% to 5% of the total listing price, including cleaning fees, for reservations of 89 nights or less. Like the state sales tax, this is typically collected and remitted by platforms like Airbnb.

Hotel-Motel Tax

Fulton County levies a hotel-motel tax of 8% on short-term rentals, which is due monthly. This tax applies to rentals of 30 days or less and is calculated based on the rental rate. Additionally, a $5 per night hotel-motel fee applies to reservations of 30 days or less.

It's important to note that while platforms like Airbnb may collect and remit some of these taxes on behalf of hosts, it's ultimately the responsibility of the short-term rental operator to ensure all applicable taxes are paid.

Deductions and Write-Offs

Short-term rental operators in Fulton County may be able to deduct certain expenses related to their rental business, potentially reducing their tax liability. These deductions may include:

1. Mortgage interest
2. Property taxes
3. Maintenance and repairs
4. Utilities
5. Supplies
6. Cleaning and accounting services
7. Depreciation

To qualify for these deductions, hosts must rent their property for more than 14 days per year and use it for personal purposes no more than 14 days annually or 10% of the total rental days, whichever is greater.

Consulting with a tax professional is recommended to ensure you are taking advantage of all available deductions and complying with federal, state, and local tax regulations.

Georgia-Wide Short-Term Rental Rules

While there are no state-wide laws specifically regulating short-term rentals in Georgia, there are some state-level requirements that all hosts, including those in Fulton County, must follow.

State Sales Tax

The State of Georgia imposes a sales tax of 4% on the listing price, including any cleaning fees, for short-term rentals of 89 nights or less. Platforms like Airbnb collect and remit this tax on behalf of hosts.

Hotel-Motel Fee

In addition to the sales tax, Georgia charges a $5 per night hotel-motel fee on all short-term rentals. This fee applies to reservations of 30 days or less. Like the sales tax, Airbnb collects and remits this fee for hosts.

Registering with the Georgia Department of Revenue

Most local governments require short-term rental operators to register with the Georgia Department of Revenue in order to pay the required state taxes. Hosts can register online and will receive a Georgia Tax Identification Number upon completion. This process typically takes about 15 minutes.

It's important to note that while Airbnb and other platforms may collect and remit some state taxes, it is ultimately the host's responsibility to ensure compliance with all state and local tax laws.

Beyond these state-wide requirements, short-term rental regulations in Georgia are primarily determined at the city and county level. Fulton County hosts must familiarize themselves with the specific ordinances and licensing requirements in their municipality, as they can vary significantly.

Consulting local government websites, short-term rental alliances, and property management companies can help hosts navigate the regulatory landscape and ensure they are operating legally.

Does Fulton County Strictly Enforce STR Rules?

Fulton County, which includes the city of Atlanta, has been relatively Airbnb-friendly compared to other major cities, but enforcement of short-term rental regulations has increased in recent years. While some hosts may operate under the radar, the risks of non-compliance are growing.

According to discussions on real estate forums like BiggerPockets and Reddit, Fulton County and the City of Atlanta are stepping up efforts to enforce short-term rental rules. The county has dedicated resources to identifying and penalizing hosts who fail to obtain proper licenses, pay required taxes, or follow other regulations.

One BiggerPockets user shared their experience: "I got hit with a hefty fine for operating my Atlanta Airbnb without a license. The city is definitely cracking down. Don't risk it - make sure you're fully compliant."

Another Reddit user commented: "Fulton County is getting stricter about STRs, especially in residential neighborhoods. My neighbor got busted for running an unlicensed Airbnb. Play by the rules or face the consequences."

While some hosts may still attempt to skirt the rules, the consensus among experienced investors is that the potential penalties - which can include substantial fines and even property liens - are not worth the risk. Obtaining required licenses, paying applicable taxes, and adhering to other regulations is essential for successful and sustainable short-term rental operations in Fulton County.

In summary, while Fulton County may be more Airbnb-friendly than some other jurisdictions, the era of operating under the radar is coming to an end. The county is actively enforcing its short-term rental regulations, and hosts who fail to comply face serious consequences. Responsible hosts should thoroughly research and follow all applicable rules to ensure the long-term viability of their rental businesses.

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

Starting a short-term rental business in Fulton County, Georgia requires careful planning and adherence to local regulations. Follow these steps to successfully launch your rental venture:

1. Research local regulations: Familiarize yourself with Fulton County's short-term rental ordinances, zoning laws, and any city-specific rules in your area. Understand the licensing requirements, taxes, and other obligations for operating a short-term rental.
2. Obtain necessary licenses and permits: Apply for a short-term rental license through the City of Atlanta's online permitting portal. Gather required documents, such as proof of property ownership, government-issued ID, and proof of insurance. Pay the annual $200 fee and renew your license yearly.
3. Register with the Georgia Department of Revenue: Most local governments require short-term rental operators to register with the Georgia Department of Revenue to pay hotel-motel and sales taxes. Complete this process online to receive your Georgia Tax Identification Number.
4. Prepare your property: Ensure your rental property is clean, well-maintained, and equipped with necessary amenities. Consider hiring a professional cleaning service and investing in quality furnishings to create an inviting space for guests.
5. Create a compelling listing: Take high-quality photos of your property and write an engaging description highlighting its unique features and location. Set competitive rates based on market research and local demand.
6. Choose a booking platform: List your property on popular short-term rental platforms like Airbnb and VRBO. Familiarize yourself with each platform's policies and features to maximize your listing's visibility and bookings.
7. Manage your bookings and guests: Establish clear check-in and check-out procedures, house rules, and communication guidelines. Be responsive to guest inquiries and maintain a high level of professionalism to earn positive reviews and repeat business.
8. Stay compliant and keep accurate records: Regularly review and comply with any updates to local short-term rental regulations. Keep detailed records of your bookings, income, and expenses for tax purposes and to demonstrate compliance with local laws.

Tips for success:

1. Network with other short-term rental hosts in Fulton County to share experiences and learn best practices.
2. Invest in professional photography to showcase your property in the best light and attract more bookings.
3. Offer unique amenities or experiences to differentiate your rental from competitors, such as local guides or partnerships with nearby businesses.
4. Prioritize guest satisfaction by providing excellent communication, cleanliness, and attention to detail throughout their stay.

By following these steps and staying informed about local regulations, you can build a thriving short-term rental business in Fulton County while contributing positively to the local community and economy.

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

For questions about short-term rental regulations and licensing in Fulton County and the City of Atlanta, contact:

City of Atlanta Department of City Planning
Short-Term Rental Division
Email: STR@atlantaga.gov

For general questions about planning, zoning, and permitting in Fulton County, contact:

Fulton County Department of Public Works
Planning, Zoning, and Permitting Division
141 Pryor St. SW
Atlanta, GA 30303
Phone: 404-612-4000
Email: customerservice@fultoncountyga.gov

In addition to government resources, short-term rental hosts in Fulton County may find the following groups and communities helpful:

Atlanta Metro Short Term Rental Alliance (AMSTRA)

AMSTRA is dedicated to preserving Atlanta's short-term rental community through advocacy, education, and support of reasonable regulations. Their website, amstra.org, provides valuable information and resources for local hosts.

Atlanta REIA Short-Term Rental Owners Networking Group (STRONG)

STRONG is an educational and networking subgroup for short-term rental owners and investors. They meet on the 2nd Tuesday of each month at 1 PM at Taco Mac in the Prado, located at 5600 Roswell Rd, Ste M-003, Sandy Springs, GA. Atlanta REIA members can attend for free, while non-members pay $10 at the door.

Airbnb Atlanta Host Community

The Airbnb Atlanta Host Facebook Group is an active community where local hosts share experiences, ask questions, and discuss best practices. It's a valuable resource for staying up-to-date on local regulations and connecting with fellow hosts in the area.

By engaging with these government contacts and community resources, short-term rental hosts in Fulton County can ensure they are operating legally, staying informed about regulatory changes, and connecting with fellow hosts for support and advice.

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

Discussions on Reddit and BiggerPockets reveal mixed sentiments among Fulton County and Atlanta short-term rental hosts regarding local regulations:

Difficulty obtaining permits: In a Reddit thread titled "Short-term vacation rentals in Atlanta now need a permit to operate," one host shared their frustrating experience trying to obtain a permit. Despite applying in February and paying fees, the process dragged on for months due to the city repeatedly requesting changes and using outdated forms.

Out-of-state investors pushed out: Atlanta's requirement that hosts must be city residents has forced many out-of-state investors to sell or convert their properties to long-term rentals. As one Redditor noted, "If you don't live in Georgia, you can't [host on Airbnb]. I live in Atlanta and confirmed. I have my Airbnb in Atlanta, but a ton of out of state investors got pushed out."

Lack of enforcement: While Atlanta has strict rules on paper, some hosts question the city's ability or willingness to enforce them. In response to an article about the low percentage of hosts obtaining required permits, a commenter observed, "Enforcement of the ordinance, which falls to Atlanta police and the chief operating officer, will be complaint-driven... I think that tells you all you need to know."

Concerns about restrictiveness: On BiggerPockets, a poster expressed concerns about Atlanta's "very restrictive" rules limiting hosts to two rentals, one of which must be their primary residence. This sentiment was echoed by other hosts who felt the regulations were overly burdensome.

Condo restrictions: Many Atlanta condo associations have imposed their own restrictions on short-term rentals, further complicating the regulatory landscape for hosts. As one BiggerPockets user noted, "Many Atlanta condos now have strict limitations on Airbnb and other short term rentals. Many people are simply doing it anyways which has its risks."

Overall, while some Fulton County hosts appreciate the need for regulation, many express frustration with the complexity, restrictiveness, and uneven enforcement of local short-term rental rules. The challenges of obtaining permits, navigating condo restrictions, and competing with non-compliant hosts have left many feeling overburdened and uncertain about the future of their rental businesses.

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.