The Airbnb 90 Day Rule In The Usa: What You Need To Know
Want to make extra money by renting out your home on Airbnb, but unsure about the legal restrictions? This comprehensive guide has all the details on Airbnb’s 90 day rule for hosts in the USA.
If you’re short on time, here’s the quick answer: In many cities across the USA, Airbnb has a regulation that restricts hosts from renting out their entire home for more than 90 nights per year in order to comply with local zoning laws and prevent illegal hotels.
What Exactly is the Airbnb 90 Day Rule?
The Airbnb 90 Day Rule is a regulation implemented by certain cities in the United States to limit the number of days a property can be rented out on Airbnb or other short-term rental platforms. This rule aims to strike a balance between allowing homeowners to earn extra income from their properties and preventing a shortage of long-term rental housing options in popular tourist areas.
The Specifics of the Regulation
The Airbnb 90 Day Rule typically states that homeowners can only rent out their properties for a maximum of 90 days per year. This means that if you list your property on Airbnb, you must keep track of the number of days it is occupied by guests and ensure that it does not exceed the allowed limit.
It is important to note that the 90 day limit may not be a continuous period. Some cities may allow you to split the 90 days into shorter stays, while others may require the 90 days to be consecutive. Make sure to familiarize yourself with the specific regulations in your city to avoid any penalties.
Which Cities Have This Restriction?
The Airbnb 90 Day Rule is not nationwide and varies from city to city. Some of the major cities in the United States that have implemented this restriction include:
- New York City
- San Francisco
- Los Angeles
- Chicago
- Miami
These cities, being popular tourist destinations, have seen a significant increase in the number of short-term rental properties, leading to concerns about the impact on the availability of long-term housing for residents.
As a result, they have implemented the 90 day rule to regulate and control the short-term rental market.
Consequences for Violating the Rule
Violating the Airbnb 90 Day Rule can have serious consequences. The exact penalties vary depending on the city, but they can range from fines to legal action. In some cases, repeated violations may lead to the revocation of your short-term rental permit or even criminal charges.
It is important to comply with the regulations set by your city to avoid any legal issues. Make sure to keep accurate records of the number of days your property is rented out and plan your bookings accordingly to stay within the allowed limit.
For more information on the Airbnb 90 Day Rule in your city, you can visit the official website of your local government or consult with a legal professional.
Strategies for Complying with the 90 Day Limit
Carefully Track and Limit Bookings
If you are an Airbnb host in the USA, it is crucial to be aware of the 90-day rule. This rule states that you can only rent out your entire home for a maximum of 90 days in a calendar year. To ensure compliance, it is essential to keep track of your bookings and limit them accordingly.
One way to do this is by using a reliable booking management system or calendar app that can help you keep track of your reservations and calculate the number of days your property has been rented out.
By carefully monitoring your bookings, you can avoid exceeding the 90-day limit and prevent any potential legal or regulatory issues. It is also a good idea to communicate with your guests and inform them about the restrictions, so they are aware of the duration of their stay and can plan accordingly.
Consider Restricting Dates
If you want to ensure compliance with the 90-day rule, you may consider restricting certain dates or periods when you know you will be reaching the limit. For example, if you have already rented out your property for 80 days in a year, you can block off the remaining 10 days to avoid exceeding the limit.
This strategy can help you maintain a balance between maximizing your rental income and adhering to the regulations.
It is important to plan ahead and analyze your booking patterns to identify the periods when demand is lower or when you can afford to restrict dates. This can be particularly useful for hosts who have multiple properties or who rely on Airbnb as a primary source of income.
Rent Private Rooms Instead of Entire Home
If you find it challenging to comply with the 90-day rule for renting out your entire home, you might consider renting out private rooms within your property instead. The 90-day limit applies only to renting out the entire home, whereas renting out individual rooms may not be subject to the same restrictions.
This strategy allows you to continue hosting guests and earning income while staying within the legal limits. Renting out private rooms can also be an opportunity to meet new people, provide a more personalized experience for guests, and potentially increase your rental revenue.
Remember, it is always important to check the specific regulations and laws in your local area regarding short-term rentals. Each city or state may have its own set of rules and restrictions, so staying informed and compliant is crucial for maintaining a successful Airbnb hosting experience.
Exceptions and Legal Workarounds
While the Airbnb 90 Day Rule restricts hosts from renting out their homes for more than 90 days in a calendar year in many cities across the USA, there are some exceptions and legal workarounds that hosts can explore.
These exceptions and workarounds allow hosts to continue renting out their homes beyond the 90-day limit, ensuring a steady income stream and maximizing their Airbnb potential. Here are some options hosts can consider:
Exceptions for Primary Residences in Some Cities
In some cities, the Airbnb 90 Day Rule does not apply to hosts who rent out their primary residences. This means that if you live in the property you are renting out, you may be exempt from the 90-day limit.
However, it’s important to check the specific regulations in your city as this exemption may not apply everywhere. For example, in New York City, hosts are required to register their primary residence with the city’s Office of Special Enforcement in order to be exempt from the 90-day rule.
Using Separate Listings to Go Over 90 Days
Another workaround that hosts can consider is creating separate listings for different parts of their property. For example, if you have a multi-unit property or a property with separate guesthouses or rooms, you can create separate listings for each unit.
By doing so, you can effectively bypass the 90-day limit for each individual listing. However, it’s important to note that this workaround may not be permissible in all cities, so it’s crucial to familiarize yourself with the regulations in your specific location.
Regional Quirks and Differing Rules
It’s essential for hosts to understand that the Airbnb 90 Day Rule may vary from city to city and state to state. Each region may have its own set of regulations and quirks that hosts need to be aware of.
For instance, some cities may allow hosts to apply for an extension or permit to exceed the 90-day limit under certain circumstances, while others may have stricter rules in place. It’s always wise to consult local authorities or seek legal advice to ensure compliance with the regulations in your area.
Remember, while these exceptions and legal workarounds may provide some flexibility for hosts, it’s crucial to respect the regulations and comply with the law. Failure to do so can result in fines, penalties, or even legal action.
Stay informed, stay compliant, and enjoy the benefits of hosting on Airbnb!
Conclusion
The Airbnb 90 day rule aims to balance homeowners’ ability to earn supplemental income through home sharing while respecting local regulations. By understanding the specifics in your city, limiting bookings, and exploring workarounds, hosts can successfully navigate the short-term rental landscape.
