Albemarle County, VA Short-Term Rentals: Host Presence Rule (2026)
Key Facts
- Minimum annual residency
- 180 days per calendar year
- Overnight presence default rule
- owner or resident manager present every stay
- Waiver mechanism
- Board of Supervisors special exception only
- Responsible agent proximity
- within 30 miles of the homestay
- Complaint response time
- 60 minutes of being contacted
Summary
Albemarle County requires a homestay owner to reside on the parcel at least 180 days a year and, absent an approved unhosted stay, to be present overnight during every rental, under Zoning Ordinance § 5.1.48(b)(2) and (c)(1)(iv).
b.Use provisions. Each homestay use is subject to the following regulations:1.Accessory use. Each homestay use must be accessory to a primary residential use. A homestay use may not be accessory to an accessory apartment.2.Residency. At least one individual owner of the homestay parcel must reside on the subject parcel for a minimum of 180 days in a calendar year of the homestay use, provided that by special exception, the Board of Supervisors may authorize the residency of a property-managing agent to meet this requirement. ... iv.Hosted stays. At least one individual owner of the homestay parcel or an approved resident manager must reside on and be present overnight on the subject parcel during the homestay use.
Full Breakdown
Homestays in Albemarle County are built around resident-host operation rather than absentee rental. 48(b)(2), at least one individual owner of the homestay parcel must reside there for a minimum of 180 days in a calendar year of homestay use; the Board of Supervisors can only excuse this by special exception, and even then only to let a property-managing agent's residency substitute for the owner's. That annual residency floor is paired with a night-by-night presence rule. 48(c)(1)(iv) requires that the owner or an approved resident manager reside on and be present overnight on the parcel during the homestay use; these smaller and residentially-zoned parcels get no unhosted-stay option at all.
48(c)(2)(vii). 48(b)(5) requires the homestay owner to designate a responsible agent who lives within 30 miles of the property, is reachable at all times during a homestay use, and must respond and attempt in good faith to resolve any guest complaint within 60 minutes of being contacted, up to and including visiting the property if needed. Every homestay must also be accessory to a primary residential use, and a homestay cannot be layered onto an accessory apartment.
Violations & Fines
Operating a homestay without satisfying the 180-day annual residency floor or the overnight-presence requirement violates § 18-5.1.48(b)(2) or (c)(1)(iv) and is a Chapter 18 zoning violation under § 18-36.1. The zoning administrator can pursue a civil summons carrying $200 for the first violation and $500 for each additional one from the same facts, capped at $5,000 aggregate under § 18-36.3, before criminal misdemeanor charges are available under § 18-36.4.
Frequently Asked Questions
How many days a year must I live at my homestay property in Albemarle County?
Can I rent my Albemarle County homestay while I'm away overnight?
Who has to respond if a homestay guest causes a problem at night?
Sources & Official References
Other rules in Albemarle County
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