Quick answer
Before you make an offer or sign a lease, confirm four things for the exact address. State law allows short-term rentals there. Zoning allows them on that parcel. The city will issue a permit to someone in your position. No HOA rule, condo bylaw, or lease clause bans them.
Then register for occupancy tax, buy insurance that covers paying guests, and rerun the deal with the nights and fees the rules allow. A property can be legal to rent and still fail the numbers. A 90-night yearly cap on unhosted stays, like San Francisco's, can cut revenue far more than the permit fee does.
The rules come in layers
Short-term rental rules come from several places, and each one can stop a deal on its own. Check them for the exact parcel, not the city as a whole. A city can allow STRs in one zoning district and ban them a few streets away.
| Layer | What it decides | Where to look |
|---|---|---|
| State law | Whether cities can ban or limit STRs, and state tax registration | State statutes and the state revenue department |
| Zoning | Whether nightly rentals are allowed on this parcel | City or county zoning map, zoning code, planning office |
| STR ordinance and permit | Who qualifies, how many permits exist, fees, inspections, night limits | The city or county STR, licensing, or code enforcement page |
| HOA, condo, and lease | Private bans on rentals, minimum lease terms, subletting | CC&Rs, bylaws, house rules, board minutes, the lease |
| Taxes | Occupancy and sales tax registration and filing | State and local revenue departments, platform tax pages |
| Insurance | Whether claims from paying guests are covered | Your insurer and any city liability minimum |
If the property is in one of the 30 cities we track, start with our STR regulations by city. Each entry links to the city's official sources and shows when we last checked them. Rules change, so confirm everything with the city before you commit money.
1. Start with state law
State law sets the limits that cities work within. Some states restrict what local governments can do. Florida, for example, bars local rules that ban vacation rentals or limit how long or how often they are rented. Local rules adopted on or before June 1, 2011 still apply, so two Florida towns can treat the same kind of property very differently. See Florida Statutes section 509.032.
The state also sets its own sales and lodging taxes and may require a state license. Look these up on the state revenue department's site while you are there.
2. Check zoning for the parcel
Find the parcel's zoning district on the city or county zoning map, then read the short-term rental section of the zoning code. Check whether the address is inside city limits. A property in unincorporated county land follows county rules, even if its mailing address names the nearby city.
Ask the planning or zoning office for a written zoning verification for the address. A letter you can file is worth more than a phone call or a listing agent's summary.
3. Find out whether you can get a permit
Zoning tells you whether STRs are allowed on the parcel. The permit rules tell you whether you, specifically, can run one. Read the city's STR ordinance for these points.
- Who qualifies. Some cities issue permits only for a primary residence, or only to owners, or to tenants with the owner's written consent.
- How many permits exist. A cap, waitlist, or lottery can mean no permit is available for your street, even where zoning allows STRs.
- Night limits and minimum stays. A yearly cap on rented nights or a 30-night minimum turns the property into a different business.
- Costs and conditions. Application and renewal fees, inspections, a local contact requirement, occupancy limits, parking, and liability insurance minimums.
Two large cities show how far primary-residence rules can go. In New York City, a host must register with the Mayor's Office of Special Enforcement, which costs $145. The host must be the permanent occupant, stay in the unit with the guests, and have no more than two paying guests at a time, according to the city's FAQ for prospective hosts. Booking platforms may not process transactions for unregistered rentals. Rentals of 30 days or more are exempt from registration, under the city's registration law.
San Francisco requires the host to have lived in the unit for at least 60 days before applying and to live there at least 275 nights a year. Unhosted rentals are generally limited to 90 nights a calendar year. Hosts also need a business registration, at least $500,000 of liability insurance, which platform coverage may satisfy. All of this is on the city's host certification page. Hosts are responsible for the city's 14% transient occupancy tax, which approved platforms such as Airbnb collect and remit on bookings made through them. An investor who will not live in the unit cannot qualify in either city, whatever the seller did before.
4. Read the HOA, condo, and lease documents
Private rules can ban what the city allows. Get the CC&Rs, bylaws, house rules, and recent board minutes before you buy into an HOA or condo. Look for minimum lease terms, rental caps, owner-occupancy rules, guest registration, and any amendment the board is preparing. San Francisco's own guide warns that lease terms, HOA bylaws, and CC&Rs can restrict short-term rentals, and that the city does not enforce those private agreements for you. In New York City, a building owner can tell the city that short-term rentals are banned in the building, which puts it on the city's Prohibited Buildings List.
If you are leasing for rental arbitrage, the lease is a rule layer too. Get the landlord's written permission to sublet as a short-term rental, and confirm the city will issue a permit to a tenant. Our arbitrage city guide covers tenant permit rules in several markets.
5. Register for taxes and line up insurance
Many states, counties, and cities tax short stays the way they tax hotel rooms. Register with the state and any city or county that levies an occupancy tax before your first booking. Airbnb collects and remits some occupancy taxes, but only in the places it lists, and it says hosts remain responsible for any other tax obligations. Check the list for your address and note what is left for you to file. Our occupancy tax guide shows how to check your address and what you still register and file. Bookings you take directly or on other platforms are your responsibility.
Airbnb also says its host protections do not replace homeowner's insurance or liability coverage. A standard landlord policy may exclude nightly rentals. Our STR insurance guide covers what to ask an insurer, and the premium belongs in the deal.
Questions to ask the city
Call or email the zoning or STR licensing office with the parcel number, and ask for answers in writing.
- Is a short-term rental allowed at this parcel's zoning, and can you confirm that in writing?
- Can a non-resident owner get a permit here, or only someone who lives in the property? Can a tenant apply?
- Is there a cap, waitlist, or lottery, and how many permits are open in this area?
- Is there a yearly night limit or a minimum stay?
- What do the application, renewal, and inspections cost, and how long does approval take?
- Does the current permit transfer to a new owner? If the property runs under older rules, does that status survive a sale?
- Are any changes to the STR rules drafted, pending, or scheduled for a vote?
Red flags before you buy
- A pending ordinance or moratorium. Check council and planning commission agendas for the last year. A rule passed after you close can still end the rental.
- A permit you cannot inherit. "Permitted STR" in a listing describes the seller. Assume the permit stays with them until the city tells you otherwise in writing.
- Grandfathered status. If the rental only continues because it existed before a rule change, ask whether that status ends on a sale or after a lapse in renewal.
- Income from an unpermitted rental. A seller's booking history proves demand, not legality. It may also overstate the nights you will be allowed to rent.
- An HOA amendment in progress. Board minutes and owner votes show this months before the rules change.
Maui shows how a legal rental can get an end date. In December 2025, Maui County passed Bill 9, which became Ordinance 5909. It ends vacation rental use in apartment districts on January 1, 2029 in West Maui and on January 1, 2031 in the rest of the county. In June 2026, the council approved Bill 88, which creates hotel zoning districts that owners of about 4,500 of the roughly 7,000 affected units can seek to keep renting. Owners have also filed lawsuits. A buyer there takes on the outcome of a rezoning decision and a court case.
How the rules change the deal math
Rules hit a deal in three places. They cut the nights you can book, they add fixed costs, and they can force longer stays. This hypothetical example uses a whole home that would book 226 nights a year at $220 a night without restrictions. The rule version assumes a 90-night cap on unhosted stays and $1,000 a year in permit, registration, and inspection costs. Use the city's actual fee schedule for your own numbers.
| No limits | With a 90-night cap | |
|---|---|---|
| Booked nights per year | 226 | 90 |
| Occupancy | 62% | 25% |
| Gross revenue at $220 a night | $49,720 | $19,800 |
| Permit, registration, and inspection | $0 | $1,000 |
The cap removes $29,920 of gross revenue. The fees add $1,000 of cost. The same mortgage, property tax, and insurance now have to be covered by 90 nights, which is why a night limit usually matters more than the permit price. Check the result against the property's break-even occupancy.
In the Deal Analyzer, enter the occupancy the rules allow, not the market average. Set the average stay to at least the minimum stay. Add one-time permit, inspection, and safety work to furnishing and setup, and fold yearly renewal fees into an expense line. If the minimum stay is 30 nights, compare the property as a mid-term rental instead.
Rerun the deal with the rules in it
Enter the occupancy, average stay, and yearly costs the rules allow, and see whether the property still cash flows.
Open Deal Analyzer