Albemarle County, VA Short-Term Rentals: Night Caps (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.
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?
How many nights a year can the owner be away from an approved unhosted homestay?
Does the county require records of unhosted stay dates?
Sources & Official References
Other rules in Albemarle County
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