Legal Matters & Taxes Airbnb Regulations by City Part 1 – Austin, Nashville, and San Diego by Nasser Mansur May 18, 2018January 27, 2019 by Nasser Mansur May 18, 2018January 27, 2019 If you’re interested in investing in a short-term rental property, then one of the first steps that you should take is to research the laws and regulations that might affect your short-term rental in the market that you want to invest in. For this reason, I have compiled for you a list of Airbnb regulations by city for the cities that, based on Mashvisor’s data, are among the top cities for investing in real estate in the US housing market 2018. To learn more about how we will help you make faster and smarter real estate investment decisions, click here. Disclaimer: this list of Airbnb regulations by city contains laws and regulations that can affect the performance of your short-term rentals, and the info provided was taken directly from Airbnb’s official website. I will be sharing a link to each city’s laws and regulations page on Airbnb’s website. This is part 1/3 of a series of Airbnb regulations by city which will include the following cities: Austin, TX, Nashville, TN, San Diego, CA, Orlando, FL, Kissimmee, FL, Las Vegas, NV, Phoenix, AZ, and Palm Springs, CA. Airbnb Regulations by City: Austin, TX These laws & regulations are derived directly from Airbnb’s help center for the city of Austin, TX: Short Term Rental Licensing. Owners of Short-Term Rentals (STRs) in Austin are required to obtain an operating license. The City of Austin defines an STR as the rental of a residential unit or accessory building for less than 30 consecutive days. The City’s STR flyer and checklist are available here. The City’s information page is available here. Hotel Occupancy Taxes. The licensing process requires hosts to pay hotel occupancy taxes where applicable. Information about the Austin hotel tax is available here. Additional information about state hotel taxes is available here. Other Rules. It is also important to understand and abide by other contracts or rules that bind you, such as leases, condo board or co-op rules, HOA rules, or rules established by tenant organizations. Please read your lease agreement and check with your landlord if applicable. Note: This list of Airbnb laws and regulations was last updated on January 21, 2015. Related: These Are the Best Cities for Airbnb Investment 2018 Airbnb Regulations by City: Nashville, TN These laws & regulations are derived directly from Airbnb’s help center for the city of Nashville, TN: Zoning Laws. Nashville’s zoning ordinance regulates the property owner’s use of his or her property. Consult Title 17 of the Metropolitan Code to understand the restrictions in your zoning district. Section 17.16.250(E) of the Metro Code, in particular, allows short-term rental properties as an accessory use in all residential zoning districts. Short Term Rental Property Ordinance. Nashville has a special ordinance which regulates short-term rental properties, Ordinance 2014-951. It is important to read, review, and understand this regulation in order to comply with its requirements. In particular, a permit must be obtained from the Metro Codes Department annually. You may include your short-term rental license number on your listing by going to Manage Listing > Calendar and More > Detailed Description. In the “Other Things to Note” field, type in your license number following the acceptable license format for Nashville. Business Registration and Sales Tax. Metro Nashville and the State of Tennessee requires property owners to obtain a business license and to collect other state and local taxes. Hotel/Motel Tax. The City of Nashville imposes a hotel/motel tax which must be collected under the terms of the Short Term Rental Properties Ordinance. The state of Tennessee also imposes a sales tax which must be collected. Other Rules. It’s also important to understand and follow other contracts or rules, such as leases, condo board or co-op rules, HOA rules, or rules established by tenant organizations. Please read your lease agreement and check with your landlord if applicable. Note: This list of Airbnb laws and regulations was last updated on April 06, 2015. Related: The Ultimate Guide to the Airbnb Investment Property Airbnb Regulations by City: San Diego, CA These laws & regulations are derived directly from Airbnb’s help center for the city of San Diego, CA: Land Development and Planned Districts Codes. The Land Development and Planned Districts Codes govern most land use in San Diego. The Land Development Code is located in Chapters 11 to 14 of the San Diego Municipal Code. Chapter 15 is the Planned Districts Code. The City Attorney can also issue written opinions regarding land use rules. You should consult these to see if your listing is consistent with any zoning requirements or use definitions. Important terms include “bed and breakfast establishments,” “boarder and lodger accommodations,” “commercial services,” “dwelling,” “dwelling unit,” “guest quarters,” “guest room,” “hotel,” and “visitor accommodations.” Building and Housing Standards. San Diego has rules and regulations specifying minimum construction, design, and maintenance standards for buildings, including regulations on habitability, health, and safety. Certain regulations applicable to residential and non-residential uses may be relevant to your listing. Refer to Chapter 9 and Chapter 14 of the Municipal Code for more information. Business Tax and Zoning Use Certificates. San Diego requires all business operators to register and obtain a Business Tax Certificate. More information is available here. Rental Unit Business Tax. San Diego also taxes owners and operators of many rentals. Owner-occupied rentals are excluded from this tax. Please go here for more information. Transient Occupancy Tax and Tourism Marketing District Assessment. Properties rented out to visitors for less than one month (30 days) at a time must obtain a Transient Occupancy Registration Certificate. San Diego imposes the San Diego Transient Occupancy Tax (TOT) and the San Diego Tourism Marketing District Assessment (TMD) on all properties rented to such visitors. Airbnb collects and remits the TOT and TMD in San Diego; more information about that process is available here. Other Rules. It’s also important to understand and abide by other contracts or rules that bind you, such as leases, condo board or co-op rules, HOA rules, or rules established by tenant organizations. Please read your lease agreement and check with your landlord if applicable. Note: This list of Airbnb laws and regulations was last updated on July 27, 2015. Continue Reading Airbnb Regulations by City: Airbnb Regulations by City Part 2 – Orlando, Kissimmee, and Las Vegas Airbnb Regulations by City Part 3 – Phoenix and Palm Springs To start looking for and analyzing the best investment properties in your city and neighborhood of choice, click here. Start Your Investment Property Search! START FREE TRIAL Start Your Investment Property Search! START FREE TRIAL Austin TXKissimmee FLLas Vegas NVNashville TNOrlando FLPalm Springs CAPhoenix AZSan Diego CA 0 FacebookTwitterGoogle +PinterestLinkedin Nasser Mansur Nasser is an experienced content writer with a degree in English Language and Literature. He loves writing about all aspects of the real estate investing business with focus on market and property analysis and the best sources which every real estate investor needs in order to succeed. Previous Post How to Be Sure You Are Making Money in Real Estate Next Post Airbnb Regulations by City Part 2 – Orlando, Kissimmee, and Las Vegas Related Posts 1031 Exchange – The 9 Basic Rules That You Need to Know Best Neighborhoods in San Diego 2018 for Owning Rental Properties Real Estate Taxes: Everything a Beginner Investor Needs to Know What Is a Rental Property Depreciation Calculator for Real Estate Investors? How to Make the Most Money When Investing in Rental Property Real Estate Professional: 4 Secret Tips to Qualify Rent Control and How It Affects Your Real Estate Investment California Rent Control: What Landlords Should Know The complete guide to using real estate as a tax shelter Why Buying a Rental Property is the Best Investment Joe Biden Tax Plan: 6 Things Real Estate Investors Must Know The Best Cities for Airbnb Investment 2018 with High Cash on Cash Return 1 Comment Collins Legal, PLC July 3, 2019 - 7:40 am Nashville has some of the toughest regulations. I put together a pretty good list of problems facing the investor at https://collins.legal/blog/short-term-rental-investor-pitfalls/ Reply Leave a Comment Cancel Reply Save my name, email, and website in this browser for the next time I comment.