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

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

Georgia does not have statewide laws regulating short-term rentals like Airbnb and VRBO. Instead, rules and regulations are determined at the local city and county level. While this allows for flexibility, it also means that short-term rental operators must carefully research the specific ordinances that apply to their property's location.

Starting a Short-Term Rental Business in Georgia

To legally operate a short-term rental in Georgia, hosts generally need to:

Understand local regulations: Familiarize yourself with the short-term rental laws, zoning restrictions, permit requirements, and occupancy limits in your city and county. Regulations can vary significantly between jurisdictions.

Obtain licenses and permits: Many cities, such as Atlanta, require short-term rental operators to obtain a license. Apply through your local city planning department, submitting required documents like proof of ownership and paying any fees. Licenses usually need to be renewed annually.

Register with the Georgia Department of Revenue: Most local governments require registering with the state to pay hotel-motel and sales taxes on short-term rental income. All rentals are subject to a 4% state sales tax and $5 per night hotel-motel fee (except for stays over 30 nights).

Notify neighbors: Some cities, like Atlanta, require notifying adjacent property owners of your intent to operate a short-term rental. This is done by sending certified letters.

Ensure your property is up to code: Your rental must meet building, fire, health, and safety standards. Some jurisdictions require an inspection prior to issuing a license.

While the process may seem complex, utilizing short-term rental property management software can help you navigate local requirements and streamline your business operations. Failure to comply with regulations can result in fines, so it's crucial to thoroughly research the rules in your area.

Short-Term Rental Licensing Requirements in Georgia

While there are no statewide short-term rental licensing requirements in Georgia, many local governments have established their own regulations. Here are some examples of licensing requirements in specific Georgia counties and cities:

Lumpkin County:

• Obtain an approved Land Use Permit before applying for a Business and Short-Term Rental License.
• Complete the Occupational Tax Certificate Application (Business License Application), including the "Short-Term Rental Only" section.
• Submit all required supporting documents, which must be signed and notarized.
• Renew your Business and Short-Term Rental License annually by December 31st through the county's business license portal.
• Fees: $175 for the first short-term rental, $100 for each additional rental.

Savannah:

1. Secure a Short-Term Vacation Rental (STVR) Certificate to operate legally.
2. STVRs are only permitted within the designated short-term vacation rental overlay district or in certain Business and Agriculture zoning classifications.
3. In the Downtown and Victorian districts, new STVRs in residential areas are subject to a cap of 20% of residential parcels within each ward.
4. Applications must be submitted through the STVR Registration Portal.
5. Application fees for new and annual renewals are non-refundable.

To apply for a short-term rental license, hosts typically need to submit the following to their local city or county planning department:

1. Completed application form
2. Proof of ownership or lease agreement
3. Floorplan of the rental property
4. Parking plan
5. Proof of insurance
6. Signed affidavit agreeing to comply with all regulations
7. Application fee

Processing times vary by jurisdiction but generally range from 2-6 weeks. Once approved, licenses usually need to be renewed annually.

Penalties for operating a short-term rental without a required license can be severe. Fines can reach $500-$1,000 per violation, and non-compliant properties may be prohibited from future short-term rentals. Repeated violations can even lead to criminal charges in some cases.

To avoid legal issues and ensure a successful rental business, it's crucial for Georgia short-term rental hosts to thoroughly research and comply with all licensing requirements in their specific location. Consulting with local officials and experienced short-term rental operators can provide valuable guidance in navigating the licensing process.

Required Documents for Georgia Short-Term Rentals

To apply for a short-term rental license in Georgia, property owners must submit the following documents to their local city or county planning department:

1. Completed Application Form: The short-term rental license application, which can be obtained from the local government website or office. This form collects essential information about the property owner, rental unit, and local contact person.
2. Proof of Property Ownership: A deed or other legal document demonstrating that the applicant owns the rental property. This establishes the right to use the property as a short-term rental.
3. Government-Issued ID: A valid form of identification, such as a driver's license or passport, to verify the applicant's identity and residency.
4. Short-Term Rental Affidavit: A notarized form attesting that the information provided in the application is true and accurate. This document is typically available on the local government's website.
5. Proof of Insurance: Evidence of homeowner's or renter's insurance covering the short-term rental property, indicating that it is being used as a short-term rental.
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.
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 diagram or photograph of the property indicating available parking spaces for guests.
9. Floor Plan: A floor plan of the rental unit, including the number and dimensions of bedrooms.
10. Local Contact Person Information: The name, address, and phone number of a designated local contact person who resides within a specified distance of the property (e.g., 20 miles) and can respond to issues 24/7.
11. Sales Tax Certification: Evidence of a valid sales tax certification number issued by the Georgia Department of Revenue, as short-term rental businesses are required to remit hotel/motel taxes.

These documents, along with the completed application and fee payment, must be submitted to the appropriate local government department, either online, by mail, or in person. The application review process varies by jurisdiction but typically takes several weeks.

It's crucial for short-term rental operators to carefully review their local government's specific requirements, as they can vary significantly between cities and counties. Consulting official websites, attending informational meetings, and seeking guidance from experienced hosts can help navigate the licensing process and ensure compliance with all regulations.

Georgia Short-Term Rental Taxes

Short-term rental operators in Georgia are subject to several types of taxes that 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. 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.

County/Local Sales Tax

Some counties and cities in Georgia charge an additional local sales tax, ranging from 2% to 5% of the total listing price, including cleaning fees, for reservations of 89 nights or less. This tax is typically collected and remitted by platforms like Airbnb.

Hotel-Motel Tax

Many cities and counties in Georgia also levy a hotel-motel tax on short-term rentals, which is usually due monthly. The rate varies by location but is often around 7-8%. For example:

1. Fulton County: 8% hotel-motel tax
2. Atlanta: 7% hotel-motel tax
3. Columbus: 8% hotel-motel tax
4. Sandy Springs: 7% hotel-motel tax

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.

Tax Deductions and Write-Offs

Short-term rental operators in Georgia 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. Depreciation
4. Maintenance and repairs
5. Utilities
6. Supplies
7. Cleaning and accounting services
8. Home office expenses

Consult with a tax professional to determine which deductions apply to your specific situation and to ensure proper documentation of expenses.

By understanding and complying with Georgia's short-term rental tax requirements, hosts can avoid penalties, maximize their profits, and contribute to the communities in which they operate. Staying informed about local regulations and seeking guidance from experienced professionals are key to successfully navigating the state's rental landscape.

Does Georgia Strictly Enforce STR Rules?

Based on discussions among Airbnb hosts on platforms like BiggerPockets and Reddit, the general consensus is that while Georgia has been relatively Airbnb-friendly compared to some other states, enforcement of short-term rental regulations has increased in recent years, particularly in major cities like Atlanta.

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 operate under the radar, the prevailing sentiment 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 widely seen as essential for successful and sustainable short-term rental operations in Georgia.

The era of operating STRs without proper permits appears to be coming to an end in Georgia, particularly in larger markets like Atlanta, Savannah, and their surrounding counties. Local governments are allocating more resources to identifying and penalizing non-compliant hosts.

In summary, while Georgia may be more Airbnb-friendly overall than some other states, the consensus among hosts is that the days of lax enforcement are over. Cities and counties across the state are actively enforcing their short-term rental regulations, and the risks of non-compliance are growing. Responsible hosts should thoroughly research and follow all applicable rules to ensure the long-term viability of their rental businesses and avoid costly penalties.

How to Start a Short-Term Rental Business in Georgia

Starting a successful short-term rental business in Georgia requires careful planning, research, and compliance with local regulations. Here's a step-by-step guide to help you get started:

Research local regulations: Thoroughly investigate the short-term rental laws, zoning restrictions, permit requirements, and occupancy limits in your city and county. Consult official government websites, attend local meetings, and connect with experienced hosts to understand the specific rules that apply to your property.

Obtain necessary licenses and permits: Apply for a short-term rental license through your local city or county planning department. Submit all required documents, such as proof of ownership, parking plan, and neighbor notification letters. Pay any associated fees and renew your license annually.

Register with the Georgia Department of Revenue: Register your short-term rental business with the state to obtain a sales tax number. Set up processes to collect and remit all applicable taxes, including state and local sales taxes, hotel-motel fees, and occupancy taxes.

Prepare your property: Ensure your rental property meets all building, fire, health, and safety codes. Consider hiring a professional inspector to identify any necessary repairs or upgrades. Furnish and equip the space to provide a comfortable and inviting experience for guests.

Create a compelling listing: Craft an attractive and informative listing on popular short-term rental platforms like Airbnb and VRBO. Use high-quality photos, detailed descriptions, and competitive pricing to stand out from other listings in your area. Highlight unique features, amenities, and local attractions.

Establish house rules and policies: Develop clear house rules and policies for your rental, including check-in/check-out times, occupancy limits, noise restrictions, and pet policies. Communicate these guidelines to guests before and during their stay to ensure a smooth experience for everyone.

Implement a cleaning and maintenance plan: Develop a thorough cleaning and maintenance schedule to keep your rental in top condition. Consider hiring a professional cleaning service to ensure consistent quality between guest stays. Regularly inspect the property and address any maintenance issues promptly.

Optimize your pricing: Research comparable listings in your area to determine competitive nightly rates. Adjust your pricing based on seasonal demand, local events, and occupancy trends. Consider using dynamic pricing tools to automatically optimize your rates for maximum occupancy and revenue.

Provide excellent customer service: Respond promptly and professionally to guest inquiries, booking requests, and any issues that arise during their stay. Go above and beyond to create a memorable experience for your guests, encouraging positive reviews and repeat business.

Continuously improve and adapt: Monitor your performance metrics, guest feedback, and local market trends to identify areas for improvement. Stay informed about changes to local regulations and platform policies. Adapt your strategy as needed to optimize your listing's performance and ensure long-term success.

By following these steps and remaining committed to compliance, quality, and guest satisfaction, you can build a thriving short-term rental business in Georgia. Remember to seek guidance from experienced professionals, such as attorneys, accountants, and other successful hosts, to navigate the complexities of the industry and maximize your chances of success.

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

For questions about short-term rental regulations and zoning in Georgia, it's best to contact your local city or county government offices. Here are some key contacts in major Georgia counties and cities:

Fulton County and City of Atlanta:

1. City of Atlanta Department of City Planning
   Short-Term Rental Division
   Phone: 404-330-6833
   Email: STR@atlantaga.gov
2. Fulton County Department of Public Works
   Planning, Zoning, and Permitting Division
   141 Pryor St. SW, Atlanta, GA 30303
   Phone: 404-612-4000

Henry County:

Henry County Planning and Zoning Department
Phone: 770-288-7526

Tybee Island:

Code Compliance City of Tybee Island
Phone: 912-472-5089 (effective 7/1/24)
Email: whattrich@cityoftybee.org
Short-Term Rental Hotline (for complaints): 912-325-7469

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

Atlanta Metro Short Term Rental Alliance (AMSTRA)

1. A non-profit organization dedicated to advocating for fair and effective short-term rental regulations in the Atlanta metro area.
2. Website: https://www.amstra.org/

Georgia Short-Term Rental Alliance (GSTRA)

1. A statewide alliance of short-term rental hosts, managers, and industry professionals working to promote responsible short-term rental practices and regulations.
2. Website: https://www.gstra.org/

BiggerPockets Georgia Short-Term Rental Forum

• An online community of short-term rental investors and operators in Georgia, offering advice, resources, and networking opportunities.
• Forum Link: https://www.biggerpockets.com/forums/530-georgia-short-term-rentals

Airbnb Hosting Community - Georgia

• A Facebook group for Airbnb hosts in Georgia to share experiences, ask questions, and stay informed about local regulations and best practices.
• Facebook Group Link: https://www.facebook.com/groups/airbnbhostinggeorgia/

By connecting with local government officials and engaging with experienced short-term rental communities, hosts in Georgia can stay informed about the latest regulations, zoning requirements, and best practices to ensure compliance and success in their rental businesses.

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

Discussions on Reddit and BiggerPockets reveal mixed sentiments among Georgia short-term rental hosts regarding local regulations. Here are some notable experiences and insights shared by hosts:

Difficulty obtaining permits in Atlanta: 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.

HOA bans on short-term rentals: Some hosts on the Atlanta subreddit reported that their homeowners' associations (HOAs) had banned short-term rentals in response to party houses and other issues. One user commented, "My HOA already banned these in 2020, there were a few party houses in the middle of covid that finally pushed them over the edge to ban them. So no operating at all now."

Concerns about the impact on housing affordability: In a BiggerPockets discussion titled "Atlanta Short-Term Rental Ordinance," several users expressed concerns about the effect of short-term rentals on housing prices and availability. One investor noted, "I like AirBnB but they need to be 'legit' for sure as they push the prices of homes up."

Inconsistent enforcement and confusion: Some hosts on Reddit and BiggerPockets have reported inconsistencies in how short-term rental regulations are enforced across different jurisdictions in Georgia. One Atlanta host shared their experience from a decade ago: "A bed and breakfast was prohibited, but AirBnB was okay." This highlights the challenges hosts face in navigating a patchwork of local rules.

Support for reasonable regulations: While many hosts express frustration with the permitting process and local restrictions, some acknowledge the need for fair and effective regulations. In a Reddit discussion about Atlanta's ordinance, one user commented, "As long as the permit process is easy and affordable. The last thing we need is airbnbs to just be owned by all massive corporations and become as shitty as hotels."

These experiences and opinions underscore the complex and evolving landscape of short-term rental regulations in Georgia. Hosts and investors must stay informed about local ordinances, engage with their communities, and advocate for clear, consistent, and reasonable rules that balance the interests of all stakeholders.

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 area 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.