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Clayton County, GA Short-Term Rentals: Host Presence Rule (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Clayton County Code § 22-900
Host-presence rule
Unit must be inside/adjacent to owner-occupied dwelling
Permit term
One year, renewable after inspection
Business license
Required; number must appear in every ad
Enforcement
License revocation, cease-and-desist, or injunction

Summary

In unincorporated Clayton County, a short-term rental unit, defined as any house, apartment, condo, room or lodging rented to the same tenant for less than 30 days, must sit inside or adjacent to the owner's own occupied dwelling on that same property. The rule forces the host to actually live on-site; a stand-alone rental with no resident owner does not qualify under County Code § 22-900.

These county ordinances apply to unincorporated areas of Clayton County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

For the purposes of this chapter, a short-term rental unit is defined as any nonsubsidized house, apartment, condominium, room or lodging accommodation on any property within the county that is rented to the same tenant/or a period of less than 30 days. A short-term rental unit shall be located inside or adjacent to its owner's occupied dwelling located on the same property. The definitions and regulations in this chapter shall be cumulative to those found in section 1.5 of the county's zoning ordinance.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 104).

Full Breakdown

Clayton County Code § 22-900, adopted by Ordinance No. 2019-22 on February 5, 2019, defines a short-term rental unit as any nonsubsidized house, apartment, condominium, room, or lodging accommodation rented to the same tenant for less than 30 days, and requires that unit to sit inside or adjacent to the owner's own occupied dwelling on the same lot. That single sentence is the county's host-presence rule: an investor who does not live on the property cannot legally operate a short-term rental under this article, and the definitions and standards in Chapter 22 apply cumulatively with Section 1.5 of the county zoning ordinance.

Once that presence test is met, § 22-901 layers on operating requirements: the owner, platform, or manager must hold a valid county business license and print the license number in every advertisement; each individual unit needs its own permit, good for one year, issued only after a building and fire code inspection; all guest parking must stay on the same lot as the rental; and before any guest checks in, the host must post the county noise ordinance somewhere visible inside the unit. The county can also demand quarterly, spreadsheet-format reports listing every rented address, nights occupied, amounts paid including taxes, and the responsible person for each unit.

Because the host-presence rule is baked into the definition itself, county code enforcement treats an advertisement for a unit that is not adjacent to an owner-occupied dwelling as evidence of an article violation under § 22-902(b), grounds to deny, suspend, or revoke the required business license and rental permit.

Violations & Fines

Operating a short-term rental that is not inside or adjacent to the owner's occupied dwelling, or without the required business license and unit permit, is a violation of Chapter 22, Article XII. The county can deny, suspend or revoke the license or permit under § 22-902, and the county attorney can send a certified cease-and-desist notice or seek a court injunction against the owner, platform or manager under § 22-903 once the chief of police or community development director requests it.

Frequently Asked Questions

Can I rent out a house in Clayton County if I don't live there?
No. County Code § 22-900 requires a short-term rental unit to be located inside or adjacent to the owner's own occupied dwelling on the same property. A house you do not live in and merely own as an investment does not meet that definition, so it cannot be permitted as a short-term rental unit under Chapter 22, Article XII regardless of how it is advertised.
What has to be filed before I can list my spare room or in-law suite?
Under § 22-901, you need a county business license (with its number printed in every listing), an individual short-term rental permit good for one year, a building and fire code inspection, on-lot parking for guests, and a posted copy of the county noise ordinance inside the unit before any guest arrives.
What happens if I advertise a rental that doesn't meet the rule?
Under § 22-902(b), an advertisement promoting a short-term rental unit in violation of Article XII is treated as prima facie evidence of a violation, which the county can use to deny, suspend, or revoke the business license or rental permit tied to that property.

Sources & Official References

Other rules in Clayton County

All Clayton County rules

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