Atlanta decided on amendments to the City’s Airbnb laws in mid-March. The City of Atlanta houses thousands of travelers each year for conventions, conferences, and major sporting events, which allows hosts easy access to a steady stream of income if they choose to join the short-term vacation rental scene.    

Hosts in Atlanta are subject to the  Airbnb laws outlined in Atlanta’s short-term rental ordinance 20-O-1656.   

• No person or entity shall rent, lease or otherwise exchange for compensation all or any portion of dwelling unit as a short-term rental unit without first obtaining a short-term rental license ($150.00 annually through the Department of Planning and Community Development).  
• It is unlawful to allow or make any noise or sound that exceeds the limits set forth in the City’s noise ordinance. Units are encouraged to provide a noise monitoring device.  
• The owner of a short-term rental shall designate a short-term rental agent to be available to handle any problems arising from use of the short-term rental unit.  
• Fully adjudicated violations of ordinance 20-O-1656 will be assessed a $500 penalty per violation.  
• Short-term rentals are subject to applicable state and local taxes and are responsible for payment thereof as established by state law and the city code.  

Visit Avalara, MyLodgeTax for more details on the hotel-motel tax for short-term rentals under the new regulations.  

In addition to these amended regulations, the City is now enforcing noise ordinances over short-term rentals, and is recommending owners install noise monitoring devices to comply with these new ordinances. There are many companies on the market offering noise monitoring devices specifically for short-term rental hosts. For more information visit Minut or NoiseAware.    

Cherokee County, GA Enacts New Airbnb Laws—Proof of Insurance Now Required

The Cherokee County Board of Commissioners last discussed Airbnb laws and regulations in June of 2021. The Commissioners’ primary concerns expressed was the issue of properties owned and operated by non-residents, and how to create standards to prevent homes from being used as party houses unbeknownst to the owners. With this in mind, each short-term rental property is subject to the following requirements:   

• A separate short-term rental certificate shall be required for each property used for short-term rental (the cert. Number must be listed on any advertisements).   
• No short-term rental shall function as a special event facility, lodge, campground, or similar use.  
• Short-term rentals are required to pay all applicable hotel taxes 
• Hosts must provide proof of ownership of the short-term rental;  
• Hosts must provide written confirmation from the local contact person that he or she agrees to perform the duties specified in this division.  
• Hosts must provide proof of insurance 

As we see with this ordinance, many communities are passing laws with some type of insurance requirement. The concern is most are inadequate or often misleading.   

The primary reason for an insurance requirement is to ensure that short-term rental owners are properly protected from injuries or property damage. However, the current requirement may cause confusion for owners as the type of insurance is not defined.   

Commercial general liability is found in business insurance policies and protects the insured against claims of bodily injury or property damage they could be found legally liable. It is the most comprehensive liability insurance one can purchase for short-term rentals

After a Long Legislative Debate, Tybee Island Enacts New Airbnb Laws 

Tybee Island City Council has moved forward on new Airbnb laws after years of debate. This decision has stemmed from residents stating that vacation rentals are diminishing the quality of life and sense of community inherent in residential neighborhoods. While on the other hand, vacation rental owners and management companies defend the business as crucial to the island’s economy and call claims of harm exaggerated or unsubstantiated. Within the new ordinance, there are regulations regarding insurance, application requirements, occupational tax certificate, and more. 

Changes and additional laws include: 

• All STR must apply and be approved for an occupation tax certificate with the City of Tybee Island. Regulatory fees and taxes will be collected based on the unique property identification number associated with these tax certificates. 
• The owner shall be required to designate an agent for any short-term vacation rental unit. “Short-term vacation rental agent” is a local contact person designated by the owner who shall be available at all times to respond to complaints regarding the condition, operation, or conduct of occupants of the STVR.  
• All one- and two-family STVR units shall post a sign that shall be visible and legible from the address side of the street listing emergency contact name and phone number. 
• Proof of liability insurance shall be required along with evidence that the insurance company knows the property is being used as a STVR. 

Tybee Island, Georgia did the right thing in requiring liability insurance for all hosts, as well as outlining that your insurance company has to understand that you are operating a vacation rental.  The primary reason for an insurance requirement is to ensure that short-term rental owners are properly protected from injuries or property damage and that’s why it’s crucial that your policy is tailored to short-term rentals.  A normal homeowner’s policy would not provide you coverage if something were to happen at your vacation rental.  All homeowner’s policies carry a ‘business activity exclusion’, and as a short-term rental operator, you are running a business.  The second you would mention ‘business activity’ while trying to make a claim with your homeowner’s policy you will be denied and let to pay out of pocket.  This is why Proper has designed a custom penned policy that’s dedicated to short-term rentals and will be there for you when an issue arises. 

New Airbnb Laws in Savannah, GA Includes Insurance Requirements

If you’re a vacation rental host in Savannah you’ll want to review Airbnb Laws and regulations affecting short-term rentals across the city. Hosts like yourself must apply annually for a short-term rental certificate to operate your Airbnb business, and provide the name, address, telephone number and email address of the 24-hour contact. Additional requirements include the following:  

• Proof of the owner’s current ownership of the short-term vacation rental unit; 
• For condominiums, hosts must provide a copy of the adopted condominium declaration either explicitly permitting leasing of the dwelling units for less than 30 days or adopted condominium declaration which contains no prohibition on short-term vacation rentals or the leasing of dwelling units for less than 30 days; 
• Proof of insurance indicating the premises is used as a short-term vacation rental unit. 

Ultimately the city hopes regulations will preserve the character of their neighborhoods and allow hosts and neighbors alike to enjoy their properties. 

Savannah doesn’t currently define the type of insurance, while ordinances commonly provide a liability insurance minimum such as $1,000,000. Simply stating “liability insurance” or “proof of insurance” doesn’t accomplish much as there are several types of coverage you can purchase for a short-term rental. Out of the three types of liability coverage, personal, premise, and commercial general liability, commercial general liability is the most comprehensive liability insurance you can purchase. It is found in business insurance and protects you, against claims of bodily injury or property damage.  

Here are some additional coverage options you should have on your policy:  

• Replacement cost valuation; building & contents 
• No limit on theft or vandalism
• No limit on property damage from a guest 
• Liability continued over amenities 
• Liability continued off-premise 
• Lost business income