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Albemarle County, VA Short-Term Rentals: Night Caps (2026)

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

Key Facts

Where unhosted stays allowed
Rural Areas parcels of 5+ acres only
Monthly absence cap
7 homestay rental days per calendar month
Annual absence cap
45 homestay rental days per calendar year
Recordkeeping duty
log of homestay uses and absent dates
Log production deadline
5 business days of a Zoning Administrator request

Summary

Where Albemarle County allows unhosted homestay stays at all, on Rural Areas parcels of five acres or more, the owner may be absent for up to seven rental days a month and 45 rental days a year under Zoning Ordinance § 5.1.48(c)(2)(vii), with a log kept for the county.

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

vii.Unhosted stays. The owner(s) of a homestay parcel that is approved for unhosted stays may be absent during up to seven homestay rental days in any calendar month and up to 45 homestay rental days in any calendar year. The owner(s) must maintain a log of all homestay uses, including the date of each rental for which the owner(s) is/are absent. This log must be provided within five business days to the Zoning Administrator upon request.

Full Breakdown

Albemarle County's default homestay rule requires the owner or an approved resident manager to be on the property overnight during every stay. 48(c)(2)(vii) then sets the numeric limits on how much unhosted time is allowed. The owner of a homestay parcel approved for unhosted stays may be absent for up to seven homestay rental days in any calendar month and up to 45 homestay rental days in any calendar year, a cap that works out to roughly one week away per month and a hard annual ceiling well under half the year.

The same subsection imposes a recordkeeping duty rather than leaving compliance to the honor system: the owner must maintain a log of all homestay uses, including the date of each rental for which the owner is absent, and must produce that log to the Zoning Administrator within five business days of a request. 48(c)(1)(iv) with no unhosted alternative. Because the unhosted allowance depends on the five-acre-or-more Rural Areas threshold, a homestay operator who subdivides or otherwise reduces the qualifying acreage loses eligibility for unhosted stays under this provision.

Violations & Fines

Exceeding the seven-day-per-month or 45-day-per-year unhosted stay limits in § 18-5.1.48(c)(2)(vii), or failing to produce the required absence log within five business days of a Zoning Administrator request, is a Chapter 18 zoning violation under § 18-36.1. Enforcement follows the standard civil penalty schedule of $200 for a first summons and $500 for each additional one, capped at $5,000 aggregate under § 18-36.3, with misdemeanor prosecution available under § 18-36.4 once that cap is reached.

Frequently Asked Questions

Can any Albemarle County homestay operate without the owner present overnight?
Only on Rural Areas parcels of five acres or more that are specifically approved for unhosted stays under § 18-5.1.48(c)(2)(vi) and (vii). Smaller parcels and any Residential or Planned Development parcel must have the owner or resident manager present overnight every stay.
How many nights a year can the owner be away from an approved unhosted homestay?
Up to 45 homestay rental days in a calendar year, and no more than seven in any single calendar month, under § 18-5.1.48(c)(2)(vii).
Does the county require records of unhosted stay dates?
Yes. Section 18-5.1.48(c)(2)(vii) requires the owner to maintain a log of all homestay uses, including the date of each rental during which the owner was absent, and to provide it to the Zoning Administrator within five business days of a request.

Sources & Official References

Other rules in Albemarle County

All Albemarle County rules

Compare Albemarle County to another location·View the Virginia short-term rentals overview

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