Airbnb illegal in Montgomery County, MD.

Erick13
Level 1
Bethesda, MD

Airbnb illegal in Montgomery County, MD.

Acording to Montgomery County planning it is illegal to rent a home for less than a month. I see a lot of Aribnb options in Bethesda, rockville etc... that rent for just one day. I wanted to start hosting in AirBnb but I'm concerned of any fines or problems that may arise from it. Clearly Airbnb states that it is the host's responisbility to check any laws and regulations. How are people doing it? Is Airbnb ok with illegal hosting?

 

http://www.montgomeryplanning.org/functional/short-term-rentals/index.shtm

10 Replies 10
CarlandDiane0
Level 10
San Marcos, TX

@Erick13, the short answer to your question is yes. As far as I can tell, Airbnb is just fine with illegal short term rentals. They include disclaimer language about checking with your local laws so as to indemnify themselves of any responsibility. I get it. If I were a business like Airbnb, I'd do the same. There's no way they can realistically keep up with the various rental ordinances in every place where they have hosts.

 

As it happens, this is exactly what our city is going through. Our city planning department and city council are considering how they can regulate short-term rentals, including providing a list of requirements and imposing annual licensing fees. Their main aim is to collect 9 percent hotel occupancy tax, though they also want to limit the number of nuisance properties, noise complaints and other violations. I have no problem collecting the tax, but Airbnb, unlike at least two of its competitors, does not provide convenient (or, I'd argue, reasonable) options for hosts to collect these taxes.  I'm hoping occupancy tax collection is baked into the platform announcements on Nov. 18.

 

So, to recap, short-term rentals are illegal in my town too, at least for the time being. But we still host. We keep a relatively low profile, and we impose strict noise restrictions on our guests. (Our casita is on our backyard and only holds two people, so noise hasn't been an issue...at least so far.) We also communicate with our neighbors and encourage them to come to us immediately if they have any problem whatsoever.

 

I recommend you try to reach out to other STR hosts in your area and ask them if they've felt any repurcussions from the city or county. Perhaps you can identify a couple from the planning department meeting video. Use whatever intel you can get your hands on to host responsibly, and quietly, until the county figures out how it wants to regulate STRs.

 

Good luck!

Huh. Assume you will you both be okay if your guests break your house rules as long as you don't notice? Odd thread to post on the forum. 

@Carrie43, I'd bet money that a large percentage of short-term rentals actually violate local ordinances. Many, many cities have a ban on short-term rentals, and many others are considering regulating them, as is the case in our town.

 

I recently spoke at a city council meeting in favor of reasonable regulation of STRs. At that time, I gave my name and address, and half the council knows me and where I live anyway. I'm not being secretive about it, because I want them to know I'm acting responsibly as an STR operator and want to work with the city as they figure out how they'll craft the ordinance.

 

But I don't quite understand your comment about our guests breaking our house rules. We are pretty strict about our house rules, and particularly the noise restrictions. And we live on the property, so there's little chance of guests breaking our rules without our noticing it.

 

What's more, I think this is a terrific topic to post in a forum for the simple fact that probably tens of thousands of Airbnb hosts are actually violating local ordinances by simply renting out their spaces "under the radar" without licensing them through their local government. They should be aware of the risks, which is why Airbnb suggests that we all familiarize ourselves with local laws.

 

 

 

it has been 3 years past , everything changed . It is legal now in montgomery county .

Hi Liu11,

 

We are trying to put our townhouse on AirBnB and I am not sure what to do for the local laws. Is it possible to guide me through?

 

Thank you,

 

Gary

Where are you located? I am in Garrett Park in a R-90 zone and I am not able to pull the necessary STR license because short term rentals are disallowed in a R-90 zone. 

I am in Garrett  Park and trying to get the Short Term Residential License which is required but my parcel is located in a R-90 zone where short term rentals are disallowed. This is the message I get from the moco website when putting in my Real property account number. 

However;

Zoning regulations prohibit short-term residential rentals in the following municipalities: Chevy Chase Village, Town of Chevy Chase, Town of Chevy Chase View, Chevy Chase Section 3, City of Gaithersburg, Town of Garrett Park, Town of Kensington, Town of Laytonsville, Town of Poolesville, City of Rockville, Town of Somerset, and Town of Washington Grove

@Kenneth239Hi Kenneth would you have a link to these zoning regulations. I am wondering what they say about Silver Spring and less than 30 day rentals. 

 

Thanks 

@Kenneth239 I found these 2 links. It looks like as long as it’s property you own, it’s licensed, and the STR is less than 30 days, you would be ok. But it’s best you contact Montgomery County for up-to-date laws and regulations because they do change. 

https://www.montgomerycountymd.gov/DPS/Process/zspe/Short-Term-Rentals.html

 

https://www.enggarcia.com/blog/airbnb-rules-for-montgomery-county-maryland/