I get asked pretty often about transient occupancy and short-term rentals. Just to clarify, a transient occupancy or short-term rental is one that is for a term of less than 30-days. Think of a place that might be rented using AirBnB or VRBO -- probably more commonly thought of as vacation rentals. This type of short term arrangement is becoming more common these days thanks to these websites, and can be a nice alternative for travelers who perhaps want to stay somewhere other than a hotel. (Side note: a rental in excess of 30 days does not fall into this category. A landlord-tenant relationship is created in that case, and an entirely different set of laws apply.)
For example, my family and I stayed in a home for 5 days that we rented on VRBO in Scottsdale when we attended the SF Giants Spring Training a couple years ago. It was a nice place and the convenience of having a home where 6 of us could all comfortably stay, with amenities like a kitchen and laundry facilities were great!
It sounds appealing -- and a nice way to supplement income renting out part of your home, or perhaps you have a rental property and you'd like to offer it as a short-term rental instead of leasing for a longer term...People visit Sacramento, right? But as a property owner, what are the local rules? Well, right now the rules differ all over our Sacramento region.
City of Sacramento: for properties within the city limits, the City requires owners to obtain a Short-Term Vacation Rental Permit and pay a fee of $125. Owners must also collect and remit 12% Transient Occupancy Tax (TOT). And there is a different set of parameters if you are renting out space in your own primary residence, versus renting out a vacant/non-primary residence (such as a 90 days per year limit).
County of Sacramento: for properties within the unincorporated areas of the county (like Antelope, Arden, Orangevale, Fair Oaks, Carmichael, other non-city Sacramento areas, etc.), the county requires owners to obtain a Vacation Rental Permit and pay a fee of $270.66. Owners must also collect and remit 12% TOT. The county does not allow short-term rental of vacant/non-primary residence property.
City of Galt: it seems there is no specific ordinance regarding short-term rentals within the city limits, however if you own any Galt rental property you are required to get a business license from the city. They also require TOT.
The Cities of Citrus Heights, Folsom, Elk Grove, and Rancho Cordova all require collection and remittance of TOT, however it seems they have no specific policies governing short-term rentals right now. You may want to defer to the county's policies here.
Keep in mind that just because the city or county may allow short-term rentals, if your property is located in a Homeowners Association (HOA), the HOA may specifically prohibit short-term rentals. I have started to see this in a number of HOA documents for my transactions. Also, speaking with a local insurance agent, be sure that your property insurance policy covers this sort of activity. Most policies specifically exclude coverage for short-term rentals.
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