ADU Rental Restrictions: Olathe vs Overland Park
How do adu rental restrictions rules compare between Olathe, KS and Overland Park, KS?
Olathe has fewer restrictions than Overland Park.
Olathe, KS
Johnson County
Olathe does not impose specific rental restrictions on ADUs beyond the use limitations of UDO Sec. 18.50.025. Long-term rental of an ADU is generally permitted in residential, downtown, and planned districts. Short-term rentals (Airbnb/VRBO) are not specifically regulated by the City as of the most recent Olathe Code update, though general health, safety, and zoning rules apply.
View full Olathe rules →Overland Park, KS
Johnson County
Overland Park requires a Rental License for all rental properties (including ADUs) — $120 per building, valid two years. Long-term rental of ADUs is allowed subject to the UDO's accessory-use and owner-occupancy framework. Short-term rentals (under 28-30 days) are subject to a 9% local transient guest tax plus state-level lodging/sales tax. Kansas has no rent control. Tenancies fall under the Kansas Residential Landlord and Tenant Act (KSA 58-2540 et seq.).
View full Overland Park rules →Key Facts Comparison
| Fact | Olathe | Overland Park |
|---|---|---|
| Long-Term Rental | Permitted | Allowed w/ owner occupancy |
| STR Ordinance | None adopted by Olathe | - |
| Transient Tax | 6% (O.M.C. Ch. 5.32) | - |
| State Lodging Tax | Applies under KSA 79-3603 | - |
| Landlord-Tenant | KSA 58-2540 et seq. | - |
| Rental License | - | $120/building, 2 years |
| STR Tax (City) | - | 9% transient guest tax |
| Tenancy Law | - | KSA 58-2540 (KRLTA) |
| Security Deposit Cap | - | 1 mo unfurn / 1.5 mo furn |
| Rent Control | - | None in Kansas |
Highlighted rows indicate differences between cities.
Olathe FAQ
Can I rent my ADU long-term?
Yes. UDO Sec. 18.50.025 does not bar long-term residential leasing of an ADU. The unit must still meet the size, setback, height, and architectural-compatibility standards of the section, and Kansas landlord-tenant law (KSA 58-2540 et seq.) applies. No City business license is required for residential leasing.
Can I use my ADU for Airbnb?
Olathe has not adopted a dedicated short-term rental ordinance, so STR use of an ADU is not specifically prohibited as of the most recent Code update. However, general zoning, nuisance, and property-maintenance rules apply, and the 6% City transient guest tax under O.M.C. Ch. 5.32 plus Kansas state lodging taxes apply to rentals under 28 days. Contact the KS Department of Revenue about sales tax registration under KSA 79-3603.
Overland Park FAQ
Can I list my Overland Park ADU on Airbnb?
Yes, but you need a City Rental License ($120/building, 2 years) and must collect a 9% Overland Park transient guest tax plus Kansas state and Johnson County sales/lodging components — combined effective rates often around 17-18%. Overland Park's transient guest tax applies to ALL short-term rentals (not just multi-room properties as in the state default). Register with the Kansas Department of Revenue and the City Finance Department, and confirm zoning compliance with Planning + Development Services.
Does Overland Park cap my ADU rent?
No. Kansas is not a rent-control state and Overland Park has no rent-stabilization ordinance. Long-term tenancies are governed by the Kansas Residential Landlord and Tenant Act (KSA 58-2540 et seq.), which sets security deposit caps and notice requirements but does not regulate rent levels.
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