Lexington, KY Short-Term Rentals: Host Presence Rule (2026)
Key Facts
- Hosted definition
- Primary resident stays during rental (§13-76)
- Un-hosted trigger
- Host absent or not primary residence
- Status change effect
- License expires automatically (§13-77)
- First-offense fine
- $125.00 (§13-81)
- Repeat violation
- License revocation eligible
Summary
A hosted short-term rental in Lexington-Fayette requires the primary resident to keep living on the property while paying guests are there. Sec. 13-76 draws the hosted-versus-un-hosted line entirely on whether the host stays, and both categories still need the Sec. 13-77 special fee license.
Hosted short-term rental shall mean a short-term rental in which the dwelling unit utilized as the short-term rental, or another dwelling unit on the subject property, is a primary residence, and the primary resident continues to occupy the property while the short-term rental is being rented to a transient guest... Un-hosted short-term rental shall mean a short-term rental in which the dwelling unit utilized as the short-term rental, or another dwelling unit on the subject property, is not a primary residence, or a primary resident fails to occupy the subject property while the short-term rental is being rented to a transient guest.
Full Breakdown
Sec. 13-76 defines a hosted short-term rental as one where the dwelling used for the rental, or another dwelling unit on the same property, is a primary residence and the primary resident continues to occupy the property while the rental is being used by a transient guest. The same section defines the opposite: an un-hosted short-term rental exists when the dwelling used for the rental is not a primary residence, or when the primary resident fails to occupy the property while it is being rented out.
This host-presence distinction is not just definitional, a licensee's Sec. 13-77 special fee license expires automatically if the property changes from hosted to un-hosted use or back, and any permanent resident present during a rental counts toward the maximum occupancy set under Sec. 13-79. Under Sec. 13-79, a licensee of a hosted rental may not advertise an 'entire house,' 'entire home,' or 'entire dwelling unit' rental for a unit that is occupied by anyone other than the transient guest, reinforcing that the host, or another resident, must genuinely be present.
Violations & Fines
Sec. 13-81 subjects general article violations, including a false hosted/un-hosted designation, to escalating civil penalties of $125.00 for a first offense, $250.00 for a second, $500.00 for a third, and $1,000.00 for a fourth or later offense, with each day a violation continues counted separately. Under Sec. 13-77(h)-(i), the Director may also deny, refuse to renew, or revoke the special fee license, and a licensee found in violation twice or more in one license term faces outright revocation.
Frequently Asked Questions
Can I rent my Lexington home on Airbnb while I'm out of town?
Does the host have to be home during a Lexington short-term rental?
What happens if my Lexington STR switches from hosted to un-hosted?
Sources & Official References
Other rules in Lexington
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