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Montgomery County, MD Accessory Structures: ADU Rental Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

License required
before renting an ADU out
Occupancy cap on renewal
2 residents over age 18
Primary residence proof
tax return, license, or tax bill
Enforcing agency
Dept. of Housing and Community Affairs
Unlicensed rental penalty
class A violation

Summary

Montgomery County requires a separate license before renting out an accessory dwelling unit, and caps occupancy at two adult residents unless the owner or the ADU serves as the applicant's primary residence.

City-specific rules exist: Rockville has its own adu rental restrictions rules that differ from Montgomery County's county-level regulations. If you live in Rockville, check the city-specific page instead.

An owner of a lot or parcel in a zone that permits accessory dwelling units must obtain a license to operate an accessory dwelling unit to live in or to rent if: ... (B) the principal dwelling or accessory dwelling unit is the primary residence of the applicant for an accessory dwelling unit rental license.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).

Full Breakdown

Under Montgomery County Code § 29-19(b), an owner in a zone that permits accessory dwelling units must obtain an ADU rental license from the Department of Housing and Community Affairs before renting the unit out. The Director requires proof the principal dwelling or the ADU is the applicant's primary residence, verified through a Maryland tax return, driver's license, or tax bill, plus a certification the ADU doesn't violate any HOA governing documents. On renewal the owner must attest occupancy will not exceed 2 residents over age 18 in the accessory unit. Rockville, Gaithersburg and Takoma Park run their own zoning and licensing, so their ADUs fall outside this County process.

Violations & Fines

Operating an ADU rental without the license is a class A violation under § 29-18(a); the County Attorney can also seek a civil injunction to shut down unlicensed rentals.

Frequently Asked Questions

Do I need a license to rent out my ADU in Montgomery County?
Yes. Under Code § 29-19(b) you must get an accessory dwelling unit rental license before renting it, and the owner or ADU must be your primary residence.
Is there an occupancy limit for a rented ADU?
Yes. To renew the license, the owner must attest there will be no more than 2 residents over age 18 living in the accessory dwelling unit.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

Compare Montgomery County to another location·View the Maryland accessory structures overview

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ADU Rental Restrictions in Cities Across Montgomery County