Occupancy Limits: Hernando vs Southaven
How do occupancy limits rules compare between Hernando, MS and Southaven, MS?
Southaven has fewer restrictions than Hernando.
Hernando, MS
Desoto County
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 βSouthaven, MS
Desoto County
Southaven's Code of Ordinances does not set a numeric short-term rental occupancy cap. Limits are driven by the IRC bedroom/sleeping-area minimums adopted by Mississippi, by Chapter 7 parking (two spaces per dwelling unit), and by any HOA covenants. Confirm specifics with Southaven Planning at 662-393-6939.
View full Southaven rules βKey Facts Comparison
| Fact | Hernando | Southaven |
|---|---|---|
| Code References | Zoning Ord. (2008); MS-adopted IBC/IRC | - |
| Per-Bedroom Guest Cap | Not published; confirm with Planning | - |
| Business License | Required for STR use | - |
| State Sales Tax | 7% on lodging | - |
| State Preemption | None (MS Code Sec. 17-1-3 home rule) | - |
| Office of Planning Phone | (662) 429-9095 | - |
| Department Address | 365 Losher Street, Suite 200 | - |
| City STR Cap | - | None codified |
| Building Code | - | IRC adopted statewide |
| IRC Bedroom Minimum | - | 70 sq ft + 50/occupant |
| Parking Required | - | 2 spaces per unit |
| State STR Preemption | - | None |
| Planning Dept | - | 662-393-6939 |
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.
Southaven FAQ
How many guests can stay in a Southaven Airbnb?
Southaven's Code of Ordinances does not set a numeric occupancy cap for short-term rentals. Practical limits come from the Mississippi-adopted IRC bedroom minimums (70 sq ft for one occupant plus 50 sq ft per additional occupant), Chapter 7 parking requirements (two off-street spaces per dwelling unit), and any HOA rules. Confirm with Southaven Planning at 662-393-6939.
Does Mississippi cap short-term rental occupancy statewide?
No. Mississippi has no statewide short-term rental preemption or occupancy law. Cities can set their own STR rules, and Southaven currently relies on the building code, parking ordinance, and nuisance provisions rather than a dedicated STR occupancy cap. Hosts must still collect the 7 percent Mississippi sales tax on lodging and register a business with the city.
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