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🏠 Short-Term Rentals/Occupancy Limits

Occupancy Limits: Hernando vs Horn Lake

How do occupancy limits rules compare between Hernando, MS and Horn Lake, MS?

Hernando and Horn Lake have similar restriction levels.

Hernando, MS

Desoto County

Some Restrictions

Hernando, MS does not publish a per-bedroom guest cap for STRs. STRs are reviewed under the Zoning Ordinance and require a business license from the Office of Planning. Mississippi has no STR preemption; guests pay 7% state sales tax. Confirm any cap with the Office of Planning at 662-429-9095.

View full Hernando rules β†’

Horn Lake, MS

Desoto County

Some Restrictions

Horn Lake has no published per-bedroom or per-unit short-term rental occupancy cap. STRs fall under the Rental Housing Code (Ordinance 22-06-281, effective January 1, 2023) and the property maintenance / building code standards adopted by the city. Mississippi has no statewide STR preemption; confirm any limit with Horn Lake Planning at (662) 393-6705.

View full Horn Lake rules β†’

Key Facts Comparison

FactHernandoHorn Lake
Code ReferencesZoning Ord. (2008); MS-adopted IBC/IRC-
Per-Bedroom Guest CapNot published; confirm with Planning-
Business LicenseRequired for STR use-
State Sales Tax7% on lodging-
State PreemptionNone (MS Code Sec. 17-1-3 home rule)None (SB2693 died 2019)
Office of Planning Phone(662) 429-9095-
Department Address365 Losher Street, Suite 200-
Governing Ordinance-Rental Property Ord. 22-06-281
Per-Bedroom Cap-Not specified; confirm with Planning
Building Code-Mississippi-adopted IRC/IPMC
State Sales Tax (STR)-7%
Planning Phone-(662) 393-6705
Planning Email-plandept@hornlake.org

Highlighted rows indicate differences between cities.

Hernando FAQ

How many guests can stay overnight in a Hernando, MS short-term rental?

Hernando has not published a numeric per-bedroom guest cap. The Mississippi-adopted IRC sets minimum room sizes and egress that indirectly limit sleeping capacity, and the Office of Planning issues the business license required for STR use. Confirm any specific guest cap with the Hernando Office of Planning at (662) 429-9095 before listing your property.

Do I need to collect Mississippi sales tax on my Hernando Airbnb bookings?

Yes. Mississippi imposes a 7% state sales tax on lodging including cleaning fees and guest fees. Airbnb and Vrbo collect and remit Mississippi state sales tax on bookings made through their platforms. If you book guests outside those platforms, you must register with the Mississippi Department of Revenue and remit the tax yourself. Hernando does not currently impose a separate municipal lodging tax.

Horn Lake FAQ

How many guests can stay in a Horn Lake short-term rental?

Horn Lake does not publish a per-bedroom STR occupancy cap. The practical ceiling is set by the Mississippi-adopted property maintenance and building code standards for minimum habitable area per occupant. For the specific limit applied to your property during Rental Property License review under Ordinance 22-06-281, contact Horn Lake Planning at (662) 393-6705 or plandept@hornlake.org.

Does Mississippi state law cap Horn Lake STR occupancy?

No. Mississippi Senate Bill 2693 (2019), which would have preempted local short-term rental regulation including occupancy limits, died in committee on February 5, 2019. Horn Lake retains full home-rule authority under Mississippi Code Section 17-1-3 to set or apply local occupancy standards through Rental Property Ordinance 22-06-281 and the building/property maintenance codes.

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