Is it accurate you can only rent out 2 dwelling units in Atlanta Georgia as short STR

[Patrick K.]

On their city website it states:

"

One owner can obtain an STRL for up to two (2) separate properties. The primary residence and one additional dwelling unit without any additional requirements, fees, permits, licenses, zoning, or related restrictions.

"

I am not sure what it means, does it mean someone can have more than 2 properties as long they satisfy some additional requirements?

[Gabrielle VanCopeland]

It depends on what the rest of the ordinance says because it notes additional requirements and fees may apply. You may want to investigate areas right outside of the city if you are looking to have more.

[Sarah Kensinger]

A phone call to the city would help clarify this for you. You may need to keep asking for someone that knows the ordinance, before you get a person on the phone that can answer your questions.

[Jasmine Brown]

This is correct for Fulton County. I live in Atlanta and I co-host/manage Airbnbs for homeowners and investors in Atlanta and surrounding areas in Georgia and South Carolina. In Atlanta, only Fulton County residents can get a license and they can have up to 2 short-term rentals, one being their personal house. Also, after you get the license, you have to re-confirm your residency is still Fulton County each year. Many people in this market are moving to mid-term rentals to get around the ordinance. The laws are still evolving, so it's helpful to have a co-host that will keep up with the latest regulations, keep you in compliance, and help you to pivot your rental offerings as needed. 

[Katlynn Teague]

This is correct. 

[Lauren Andrea]

Quote from @Jasmine Brown:

This is correct for Fulton County. I live in Atlanta and I co-host/manage Airbnbs for homeowners and investors in Atlanta and surrounding areas in Georgia and South Carolina. In Atlanta, only Fulton County residents can get a license and they can have up to 2 short-term rentals, one being their personal house. Also, after you get the license, you have to re-confirm your residency is still Fulton County each year. Many people in this market are moving to mid-term rentals to get around the ordinance. The laws are still evolving, so it's helpful to have a co-host that will keep up with the latest regulations, keep you in compliance, and help you to pivot your rental offerings as needed. 

 I'm considering buying a rental property in or just outside of Atlanta (I live in California) and this is exactly the information I was looking, thank you!! For the owners who are renting out their properties mid term, do you know if they have to be Atlanta residents in order to do this? 

[Jasmine Brown]

Let's connect! I'll PM you. The ordinance is only for short-term rentals, which (in Atlanta) are 30 day stays. 

[Lauren Andrea]

Quote from @Jasmine Brown:

Let's connect! I'll PM you. The ordinance is only for short-term rentals, which (in Atlanta) are 30 day stays. 

Awesome, thank you! 

[David Holcombe]

I wanted to add an update to this since the Atlanta STR legislation is so uncertain right now. So, Atlanta passed STR legislation in March 2022 that was very restricting. However, as of January 2024, they haven't written a single ticket or enforced their STR rules in any way. The city has acknowledged the current STR rules are not legally enforceable and based that on the recent court case in New Orleans where the requirement to have a primary residence in the city was deemed unconstitutional (Atlanta's current legislation has this Primary residence requirement). Atlanta's STR website shows they're delaying enforcement with no future enforcement date in place. City Council has said they're going to amend and update the STR laws in 2024. The revised legislation that they're trying to push through likely will not have a Primary Residence requirement or limit on the number of STR properties an investor could own. Instead what's in discussion is putting a "global cap" on the number of STR licenses available in the city. This Cap would allow room for some future new STR supply. They're trying to include grandfathering of existing properties (Grandfathering is common in Georgia like non-conforming duplexes, etc). Long story short, no, no one is currently enforcing the 2 property limit. I have several clients that have 10+ units operating as STR's in Atlanta with no issues. Future rules are uncertain but I'm optimistic they'll be favorable.   If you need help identifying the best areas for STR in Atlanta, best operators, contractors, designers, etc, give me a shout. Good luck!

David Holcombe

[Zach Edelman]

Quote from @David Holcombe:

I wanted to add an update to this since the Atlanta STR legislation is so uncertain right now. So, Atlanta passed STR legislation in March 2022 that was very restricting. However, as of January 2024, they haven't written a single ticket or enforced their STR rules in any way. The city has acknowledged the current STR rules are not legally enforceable and based that on the recent court case in New Orleans where the requirement to have a primary residence in the city was deemed unconstitutional (Atlanta's current legislation has this Primary residence requirement). Atlanta's STR website shows they're delaying enforcement with no future enforcement date in place. City Council has said they're going to amend and update the STR laws in 2024. The revised legislation that they're trying to push through likely will not have a Primary Residence requirement or limit on the number of STR properties an investor could own. Instead what's in discussion is putting a "global cap" on the number of STR licenses available in the city. This Cap would allow room for some future new STR supply. They're trying to include grandfathering of existing properties (Grandfathering is common in Georgia like non-conforming duplexes, etc). Long story short, no, no one is currently enforcing the 2 property limit. I have several clients that have 10+ units operating as STR's in Atlanta with no issues. Future rules are uncertain but I'm optimistic they'll be favorable.   If you need help identifying the best areas for STR in Atlanta, best operators, contractors, designers, etc, give me a shout. Good luck!

David Holcombe

 Very helpful information, thank you!

[David Preiss]

You are allowed to STR two separate properties.

The first has to be primary residence, the second doesn't. If you wish, you can get a permit for your primary and not use it. You can get a second one for the property you wish to STR.

There is a two-guest per bedroom limit, but there's no possible way they're going to bust you for going over it.

All in all, the regulation is great if you live in the city because it effectively blocks outsiders. So take advantage if you live here, it's no big deal. If you don't live in ATL, move here or look outside the city limits – see caveats:

Dunwoody, Sandy Springs, and Brookhaven are effectively banned for everyone. Roswell is unclear. Cobb County and other burbs should be good to go for insiders and outsiders as long as you get a permit.

[Ronald C. Davis]

Quote from @David Holcombe:

I wanted to add an update to this since the Atlanta STR legislation is so uncertain right now. So, Atlanta passed STR legislation in March 2022 that was very restricting. However, as of January 2024, they haven't written a single ticket or enforced their STR rules in any way. The city has acknowledged the current STR rules are not legally enforceable and based that on the recent court case in New Orleans where the requirement to have a primary residence in the city was deemed unconstitutional (Atlanta's current legislation has this Primary residence requirement). Atlanta's STR website shows they're delaying enforcement with no future enforcement date in place. City Council has said they're going to amend and update the STR laws in 2024. The revised legislation that they're trying to push through likely will not have a Primary Residence requirement or limit on the number of STR properties an investor could own. Instead what's in discussion is putting a "global cap" on the number of STR licenses available in the city. This Cap would allow room for some future new STR supply. They're trying to include grandfathering of existing properties (Grandfathering is common in Georgia like non-conforming duplexes, etc). Long story short, no, no one is currently enforcing the 2 property limit. I have several clients that have 10+ units operating as STR's in Atlanta with no issues. Future rules are uncertain but I'm optimistic they'll be favorable.   If you need help identifying the best areas for STR in Atlanta, best operators, contractors, designers, etc, give me a shout. Good luck!

David Holcombe

 This is super helpful. Do you think those of us just starting should go ahead and get the permit now or wait until it's updated?

[David Holcombe]

Quote from @Ronald C. Davis:

Quote from @David Holcombe:

I wanted to add an update to this since the Atlanta STR legislation is so uncertain right now. So, Atlanta passed STR legislation in March 2022 that was very restricting. However, as of January 2024, they haven't written a single ticket or enforced their STR rules in any way. The city has acknowledged the current STR rules are not legally enforceable and based that on the recent court case in New Orleans where the requirement to have a primary residence in the city was deemed unconstitutional (Atlanta's current legislation has this Primary residence requirement). Atlanta's STR website shows they're delaying enforcement with no future enforcement date in place. City Council has said they're going to amend and update the STR laws in 2024. The revised legislation that they're trying to push through likely will not have a Primary Residence requirement or limit on the number of STR properties an investor could own. Instead what's in discussion is putting a "global cap" on the number of STR licenses available in the city. This Cap would allow room for some future new STR supply. They're trying to include grandfathering of existing properties (Grandfathering is common in Georgia like non-conforming duplexes, etc). Long story short, no, no one is currently enforcing the 2 property limit. I have several clients that have 10+ units operating as STR's in Atlanta with no issues. Future rules are uncertain but I'm optimistic they'll be favorable.   If you need help identifying the best areas for STR in Atlanta, best operators, contractors, designers, etc, give me a shout. Good luck!

David Holcombe

 This is super helpful. Do you think those of us just starting should go ahead and get the permit now or wait until it's updated?

 @Ronald C. Davis Thanks! Well, the advice of the lawyers I've spoken with who are working on this is: If you qualify to get a license under the current legislation, then you should go ahead and get the license. There will likely be grandfathering rights included in the next STR legislation so having a license can only help your case. It's possible that someone could qualify to get a license under the current legislation but not under the new legislation, so might as well get the license. Important to note, Dekalb county is in the early stages of introducing their own STR legislation. The initial draft is very restrictive. (Most of City of Atlanta is in Fulton County, but a lot of the East side is in Dekalb). If you're in Dekalb, there's more risk that you may not be able to continue to operate than Fulton, IMHO. Good luck!

[Mark Brown]

Quote from @David Holcombe:

Quote from @Ronald C. Davis:

Quote from @David Holcombe:

I wanted to add an update to this since the Atlanta STR legislation is so uncertain right now. So, Atlanta passed STR legislation in March 2022 that was very restricting. However, as of January 2024, they haven't written a single ticket or enforced their STR rules in any way. The city has acknowledged the current STR rules are not legally enforceable and based that on the recent court case in New Orleans where the requirement to have a primary residence in the city was deemed unconstitutional (Atlanta's current legislation has this Primary residence requirement). Atlanta's STR website shows they're delaying enforcement with no future enforcement date in place. City Council has said they're going to amend and update the STR laws in 2024. The revised legislation that they're trying to push through likely will not have a Primary Residence requirement or limit on the number of STR properties an investor could own. Instead what's in discussion is putting a "global cap" on the number of STR licenses available in the city. This Cap would allow room for some future new STR supply. They're trying to include grandfathering of existing properties (Grandfathering is common in Georgia like non-conforming duplexes, etc). Long story short, no, no one is currently enforcing the 2 property limit. I have several clients that have 10+ units operating as STR's in Atlanta with no issues. Future rules are uncertain but I'm optimistic they'll be favorable.   If you need help identifying the best areas for STR in Atlanta, best operators, contractors, designers, etc, give me a shout. Good luck!

David Holcombe

 This is super helpful. Do you think those of us just starting should go ahead and get the permit now or wait until it's updated?

 @Ronald C. Davis Thanks! Well, the advice of the lawyers I've spoken with who are working on this is: If you qualify to get a license under the current legislation, then you should go ahead and get the license. There will likely be grandfathering rights included in the next STR legislation so having a license can only help your case. It's possible that someone could qualify to get a license under the current legislation but not under the new legislation, so might as well get the license. Important to note, Dekalb county is in the early stages of introducing their own STR legislation. The initial draft is very restrictive. (Most of City of Atlanta is in Fulton County, but a lot of the East side is in Dekalb). If you're in Dekalb, there's more risk that you may not be able to continue to operate than Fulton, IMHO. Good luck!

 Thanks David - you're extremely helping out! I have a duplex in Atlanta but live in Dekalb. So this is extremely helpful.