Short-Term Rentals in Apex, NC (2026)

10 verified short-term rentals rules for Apex, North Carolina, sourced directly from the municipal code and official government pages.

Verified from official government sources

Permit Requirements

The Town of Apex does not have a short-term-rental-specific permit program. There is no Apex STR ordinance in the Apex Unified Development Ordinance (UDO) or Code of Ordinances that requires an Airbnb, VRBO, or whole-house vacation rental operator to apply for a town-issued STR permit before listing or hosting paid guests. Apex's lack of an STR permit program is reinforced by North Carolina General Statute 160D-1207(c), which broadly preempts NC cities and towns from requiring a permit to lease or rent residential real property or from requiring rental property registration, except for individual properties with 4+ verified Article 11/12 violations in a rolling 12-month period or 2+ verified violations in a rolling 30-day period (or top 10% crime/disorder properties). Apex hosts must still comply with the UDO's underlying zoning use rules, the Apex housing code (Chapter 5, Article VII), state and county lodging taxes, and any private HOA covenants, which often restrict short-term rentals more strictly than the town.

No STR-Specific Permit in Apex; State Law (NC G.S. 160D-1207(c)) Bars Apex From Requiring Rental Permit or Registration

Few Restrictions

Full ordinance details →Official source ↗

Noise Rules

Apex does not codify short-term-rental-specific quiet hours; STR guests and operators are subject to the general Apex noise provisions in Apex Code of Ordinances Chapter 13 (Offenses and Miscellaneous Provisions), which prohibits loud, disturbing, and unnecessary noises that interfere with the peace and quiet of others. Enforcement is principally complaint-driven through the Apex Police Department (non-emergency 919-362-8661) for active disturbances and through Apex Code Enforcement for patterns. The operator (not just the guest) may be cited because the property owner is responsible for the use of the premises. While Apex itself does not impose a hard nighttime decibel cap exclusive to STRs, prudent operators post quiet hours of 10 p.m. to 7 a.m. in their house rules to set guest expectations and reduce nuisance-complaint risk that can trigger Housing Code or zoning enforcement attention.

Apex STR Guests Subject to General Noise Ordinance (Apex Code Ch. 13 Offenses); No STR-Specific Quiet Hours

Some Restrictions

Full ordinance details →Official source ↗

Taxes & Fees

Short-term rentals in Apex collect a stack of state and county taxes on every stay of less than 90 continuous days. Wake County imposes a 6% Room Occupancy Tax (levied December 1991 under NC General Assembly authorization) on the gross receipts derived from the rental of rooms, lodgings, and accommodations including Airbnb, VRBO, and Booking.com bookings, remitted monthly to the Wake County Tax Administration. North Carolina imposes a 4.75% state sales tax on accommodations under NC G.S. 105-164.4(a)(3) and Wake County imposes a 2.0% local sales tax (combined 6.75% sales tax), administered by the NC Department of Revenue and remitted monthly or quarterly depending on volume. Combined effective lodging tax burden on an Apex STR stay is approximately 12.75% (6% county occupancy + 6.75% combined state and local sales tax). Apex itself does not impose a separate municipal occupancy tax. Stays of 90 or more continuous days to the same person are exempt from both county occupancy and state sales tax.

Apex STR Tax Stack: 6% Wake County Room Occupancy Tax + 4.75% NC State Sales Tax + 2% Wake County Local Sales Tax (Combined ~12.75%)

Heavy Restrictions

Full ordinance details →Official source ↗

Parking Rules

Apex does not impose a short-term-rental-specific off-street parking ratio (such as a per-bedroom or per-guest-room minimum) because Apex has no codified STR ordinance. Off-street parking for an Apex dwelling used as an STR is governed by the underlying residential parking standard for the dwelling type in the Apex Unified Development Ordinance (typically two off-street spaces per single-family dwelling); STR guests use the same off-street capacity as long-term residents would. STR guests' on-street parking is subject to the same citywide rules that apply to any visitor: no blocking driveways, fire hydrants, intersections, or sidewalks, no parking against the flow of traffic, and compliance with any posted neighborhood-specific restrictions. Patterns of parking complaints tied to an STR can be raised as a nuisance under the Apex Code of Ordinances even though they cannot trigger an STR permit revocation (since Apex has no STR permit).

No STR-Specific Parking Ratio in Apex; Underlying Residential Off-Street Parking Standard and Citywide On-Street Rules Apply

Few Restrictions

Full ordinance details →Official source ↗

Occupancy Limits

Apex does not codify a short-term-rental-specific occupancy cap (such as a 'two persons per bedroom plus two' formula). Because Apex has no STR ordinance and North Carolina G.S. 160D-1207(c) preempts Apex from building a registration-based STR permit framework, occupancy is governed by the underlying Apex Housing Code in Code of Ordinances Chapter 5, Article VII (basic habitability, room sizes, ventilation, sanitation) and the North Carolina State Building Code (egress, life safety) as applied to the dwelling. Operators should size guest capacity to the bedrooms designed and built as bedrooms with code-conforming egress (door or egress window), should not market non-bedroom rooms (basements without egress, dens, lofts) as sleeping space, and should ensure smoke alarms in every bedroom and on every floor and CO detectors near sleeping areas where required by NC law.

No STR-Specific Occupancy Cap in Apex; Apex Housing Code Habitability Standards and General Building Code Govern Maximum Guests

Few Restrictions

Full ordinance details →Official source ↗

Insurance Requirements

The Town of Apex does not codify a short-term-rental-specific liability insurance minimum because Apex has no STR ordinance and North Carolina G.S. 160D-1207(c) preempts NC towns from requiring rental permits or registration that could carry an insurance condition outside the narrow chronic-violator pathway. The UNC School of Government's reading of the Schroeder v. Wilmington (2022) decision is that zoning-based STR use standards (including potentially an insurance requirement) may survive preemption if structured as land-use conditions independent of the registration program, but Apex has not enacted any such requirement. Operators should obtain a short-term-rental endorsement on their homeowner's policy or a separate commercial STR liability policy because the standard NC HO-3 policy excludes paid-rental business activity, leaving operators personally liable for guest injuries, property damage, and third-party claims. Platform host-protection programs (Airbnb AirCover, VRBO Liability Insurance) are typically supplemental, not primary.

No Codified Insurance Minimum for Apex STRs; State Preemption Limits Town's Ability to Mandate; Coverage Strongly Recommended

Few Restrictions

Full ordinance details →Official source ↗

Night Caps

Apex does not impose any annual cap on the number of nights a short-term rental may host because Apex has no STR ordinance and North Carolina G.S. 160D-1207(c) preempts NC towns from building a registration-based STR permit framework through which a night cap could attach. There is no '90-day,' '120-day,' or '180-day' booking limit codified for any Apex STR. An Apex dwelling used as an STR may be booked for up to 365 nights per year provided the operator complies with the underlying residential zoning use rules of the Apex Unified Development Ordinance, the Apex Housing Code, all state and county lodging taxes, and any private HOA covenants. The practical scale constraint in many Apex subdivisions is HOA covenant minimum-lease-term provisions (often 6 or 12 months) that effectively prohibit STR operation regardless of what the town allows.

No Annual Night Cap on Apex STRs; State Preemption (NC G.S. 160D-1207(c)) and Lack of STR Ordinance Preclude Booking Limits

Few Restrictions

Full ordinance details →Official source ↗

Registration Rules

Apex does not operate a short-term-rental registration program. North Carolina General Statute 160D-1207(c) broadly preempts NC cities and towns from requiring an owner or manager of residential rental property to register the property with the local government, except for individual properties that have more than 4 verified Article 11/12 violations in a rolling 12-month period or 2 or more verified violations in a rolling 30-day period (or are identified within the top 10% of crime/disorder properties). For those chronic-violator properties, the registration fee is capped at $500 in any 12-month period and criminal penalties for registration violations are prohibited. The NC Court of Appeals in Schroeder v. City of Wilmington (2022) struck down Wilmington's STR registration program as preempted. Apex has not enacted a registration program. Operators must still register with Wake County Tax Administration for the 6% Room Occupancy Tax and with the NC Department of Revenue for state and local sales tax on accommodations.

No Apex STR Registration; NC G.S. 160D-1207(c) Bars Apex From Requiring Rental Registration Except Chronic-Violator Properties ($500/Year Cap)

Few Restrictions

Full ordinance details →Official source ↗

Host Presence Rule

Apex does not require a short-term-rental host to be physically present at the dwelling during paid stays. There is no Apex STR ordinance, and North Carolina G.S. 160D-1207(c) preempts NC towns from building a registration-based STR permit framework through which a host-presence rule could attach. Whole-house unhosted STRs are permitted in Apex, with operator off-site, subject to the underlying residential zoning use rules of the Apex Unified Development Ordinance, the Apex Housing Code, all state and county lodging taxes, and any private HOA covenants. Apex does not codify a 24/7 local-contact rule with a stated mileage radius (unlike Bowling Green OH's 35-mile rule or various California cities). Prudent operators designate a local property manager or co-host who can respond promptly to neighbor or town complaints, even though no codified rule requires it.

Apex Does Not Require On-Site Host Presence; State Preemption Limits Town's Ability to Mandate; Whole-House Unhosted STRs Permitted

Few Restrictions

Full ordinance details →Official source ↗

Primary-Residence-Only Rule

Apex does not restrict short-term rentals to the operator's primary residence. There is no Apex STR ordinance, and North Carolina G.S. 160D-1207(c) preempts NC towns from building a registration-based STR permit framework through which a primary-residence-only condition could attach. Investment properties, second homes, out-of-state-owned dwellings, and corporate/LLC-owned dwellings are all eligible to operate as Apex STRs subject to compliance with the underlying residential zoning use rules of the Apex Unified Development Ordinance, the Apex Housing Code, all state and county lodging taxes, and any private HOA covenants. This differs sharply from primary-residence-only markets such as San Francisco, Boston, and Denver. The principal practical constraint in many Apex subdivisions is HOA covenant minimum-lease-term provisions (often 6 or 12 months) that effectively prohibit STR operation regardless of the town code.

No Primary-Residence-Only Restriction on Apex STRs; State Preemption Precludes Town Mandate; Investment Ownership Eligible

Few Restrictions

Full ordinance details →Official source ↗

Looking for Wake County county-wide rules?

County ordinances apply to unincorporated areas and may supplement Apex city rules.

Short-Term Rentals in Wake County →