Short-Term Rental Fact Sheet

What is a Short-Term Rental? – “Short-term rental” means the provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. Such rentals are also known as “homestays,” “Airbnb,” “VRBO,” or “transient lodging.”

What is a Short-Term Registry? § 15.2-983 of the Code of Virginia allows localities to via ordinance establish a short-term registry and require operators within the locality to register annually. The code also exempts real estate licensees and others from the registration requirement.

What is Three Strikes Rule? § 15.2-983 of the Code of Virginia allows localities to enact an ordinance which provides that an operator required to register may be prohibited from offering a specific property for short-term rental in the locality upon multiple violations on more than three occasions of applicable state and local laws, ordinances, and regulations, as they relate to the short-term rental.

How Do Homeowners Associations Impact Short Term Rentals? § 15.2-983 of the Code of Virginia recognizes “Nothing in this section shall be construed to supersede or limit contracts or agreements between or among individuals or private entities related to the use of real property, including recorded declarations and covenants, the provisions of condominium instruments of a condominium, etc.” In short, the HOA/POA short term rental regulations prohibit Short Term Rentals, even if the locality allows it, the HOA/POA rules. Examples Lake Monticello, Belvedere.

How Are Short Term Rental Regulations Enforced? -All zoning regulations are complaint based. Once a complaint is filed with the locality, the responsibility falls to the Zoning Administrator or his/her designee to investigate.