Montgomery County, MD Short-Term Rentals: Host Presence Rule (2026)
Key Facts
- License requirement
- Must be applicant's primary residence
- Absentee host rule
- Rep within 15 miles required
- Governing law
- County Code § 54-43(g),(k)
- Enforcement
- DHHS Director; Board of Appeals
- Penalty
- License suspension or revocation
Summary
Montgomery County requires short-term rental hosts to make the unit their primary residence and, when away, keep a designated representative within 15 miles reachable for the length of any guest stay.
(g) the dwelling unit where the bed and breakfast or short-term residential rental is located is the primary residence of the applicant; ... (k) the designated representative resides within 15 miles of the unit and will be accessible for the entirety of any contract where the primary resident is not present;
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).
Full Breakdown
The Director of Health and Human Services will only issue a bed-and-breakfast or short-term residential rental license under County Code § 54-43 if the dwelling is the applicant's primary residence, ruling out purely investment rentals. When the resident host is away, a designated representative who lives within 15 miles of the unit must stay reachable for the full length of any guest's stay, and applicants must also notify the municipality where the unit sits since Rockville, Gaithersburg and Takoma Park run their own codes.
Violations & Fines
Breaching the presence or representative rule is grounds for license suspension or revocation under § 54-47, and a revoked license can't be reissued for the same unit or household for three years under § 54-49.
Frequently Asked Questions
Does Montgomery County allow renting out a home that isn't my primary residence as a short-term rental?
What if I'm away during a guest's stay?
Sources & Official References
Other rules in Montgomery County
Compare Montgomery County to another location·View the Maryland short-term rentals overview
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