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Roanoke, VA Short-Term Rentals: Host Presence Rule (2026)

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

Key Facts

Host presence required
During every guest stay
Applies to
Homestay use only
Homestay guest cap
4 guests / 2 bedrooms
Governing section
City Code § 36.2-405(d)(4)

Summary

A Roanoke homestay operator cannot rent out a room and leave; Section 36.2-405(d)(4) requires the owner or leaseholder to occupy the property during every guest stay. The rule distinguishes an owner-occupied homestay from an unhosted whole-home short-term rental.

(d)Standards for homestay establishments....(4)The owner or leaseholder shall also occupy the property during guest stays.

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 94 Update 1).

Full Breakdown

Roanoke's homestay use, defined as offering a portion of a dwelling unit for compensated overnight stays without meeting the bed and breakfast definition, comes with a host-presence condition baked directly into its supplemental zoning standards. ' Combined with the rest of subsection (d), a homestay is capped at two guest bedrooms and four total guests, limited to one per property, rented only daily or weekly for no more than 14 days, and required to keep exterior changes consistent with the residential character of the building.

The host-presence rule means a homestay cannot legally operate as an unattended, whole-house rental while the owner or leaseholder is away; the code effectively distinguishes a hosted homestay from an unhosted rental and ties the more permissive homestay standards to that continuous on-site presence. This tracks the parallel residency conditions the same section imposes on bed and breakfast operators, who under subsections (b)(3) and (c)(1) must reside in the dwelling or, in commercial districts, have an owner or on-site manager reside on the property, reinforcing that Roanoke's home-lodging uses are built around a resident host rather than an absentee operator.

Violations & Fines

Operating a homestay without the owner or leaseholder present during a guest stay is a zoning violation under Section 36.2-571. After written notice from the Zoning Administrator describing the deficiency, continued unhosted operation is a misdemeanor under Virginia Code Section 15.2-2286.A.5, with each day of noncompliance a separate offense, and the City may also seek an injunction to halt the rental.

Frequently Asked Questions

Can I rent my Roanoke homestay while I'm out of town?
No. Section 36.2-405(d)(4) requires the owner or leaseholder to occupy the property during guest stays, so booking the space while the host is away does not comply with the homestay use, even if the stay otherwise meets the 14-day and guest-count limits.
Does the host-presence rule apply to Roanoke bed and breakfasts too?
A related but separate rule does. Section 36.2-405(b)(3) requires the owner of a residential-district bed and breakfast to reside in the dwelling, and subsection (c)(1) requires an owner or on-site manager to reside on the property in the MX and CN districts, though those are ongoing residency requirements rather than the stay-by-stay presence rule that applies to homestays.
What happens if a Roanoke homestay host stops living on site?
The property no longer qualifies to operate as a homestay. Section 36.2-405(d)(4) conditions the use on the owner or leaseholder occupying the property during guest stays, so once that presence ends, continuing to rent rooms is a zoning violation enforceable under Section 36.2-571.

Sources & Official References

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