Night Caps: Apex vs Raleigh

Can I rent my Apex short-term rental for the full year?

From the town's perspective, yes. Apex does not codify any annual cap on the number of nights an STR may host - there is no '90-day,' '120-day,' or '180-day' booking limit. 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 (smoke alarms, habitability), all state and county lodging taxes, and any private HOA covenants. The principal practical constraint in many Apex subdivisions is HOA covenant minimum-lease-term provisions (often 6 or 12 months) that effectively prohibit short-term rental at those properties regardless of what the town allows.

Why doesn't Apex cap STR nights like other cities?

Because North Carolina G.S. 160D-1207(c) preempts NC local governments from requiring an owner or manager of residential rental property to obtain a permit to lease the property or to register the property, except for chronic-violator properties (4+ verified Article 11/12 violations in 12 months or 2+ in 30 days). The NC Court of Appeals in Schroeder v. City of Wilmington (2022) applied this preemption to strike down not only Wilmington's STR registration program but also the caps on total number of rentals, minimum separation requirements, and amortization provisions that were 'so intertwined' with the invalid registration. A per-property night cap tied to a registration is therefore generally precluded by state law, and Apex has not enacted any standalone use standard along those lines.

What's the practical limit on my Apex STR's bookings?

In practice, three layers of constraint typically apply: (1) HOA covenants in many Apex subdivisions impose minimum-lease-term provisions (often 6 or 12 months) that effectively prohibit short-term rental at those properties - this is the most significant practical limit and is enforced privately by the HOA with covenant remedies; (2) Housing Code violations (overcrowding, missing smoke alarms, sanitation issues) can be cited under Apex Code Chapter 5, Article VII and count toward the NC G.S. 160D-1207(c) chronic-violator threshold; (3) tax compliance with the 6% Wake County Room Occupancy Tax and the 6.75% combined state-and-local sales tax on accommodations applies to every booking and is enforced by Wake County and the NC Department of Revenue with interest and penalties.

Can I rent my Raleigh home on Airbnb 365 nights a year?

Yes, as a matter of city law, provided you have the STR zoning permit and are current on occupancy and sales taxes. However, your HOA or condo rules may impose a minimum-stay requirement that effectively caps nightly activity regardless of the city permit.

What is a minimum-stay rule?

A rule in HOA covenants (often tied to NC GS 47F) that requires each rental to be at least 30, 90, or 180 days. This is not a city rule but is enforceable by the HOA in civil court through daily fines and injunctions.

Does it matter if I live in the home during rentals?

Yes. Hosted STRs (owner-occupied with rooms rented while the owner is present) are more widely permitted than unhosted whole-home rentals, and they are often the only STR type allowed in stricter residential zones or under stricter HOA covenants.