Durham imposes no annual night cap on STR operations. Licensed properties may rent year-round. Zoning controls limit STR density by district instead.
Unlike some municipalities that cap the number of nights a property may be rented per year, Durham does not currently impose an annual night cap on short-term rental operations. Properties that are properly licensed and in compliance with zoning, safety, and tax requirements may operate year-round without a maximum rental-day restriction. However, Durham's regulatory framework creates practical limitations through its zoning-based approach. In low-density residential zones (R-5 and R-10), short-term rentals must be owner-occupied, meaning the property owner must be present on-site during guest stays. This hosted requirement inherently limits rental frequency based on the owner's schedule and availability. In medium-density, high-density, commercial, and mixed-use zones, non-owner-occupied short-term rentals are permitted but subject to a density restriction of approximately one STR per 400 feet of street frontage, which limits the total number of non-owner-occupied STRs in a given area rather than the number of nights any individual property may rent. Durham's approach prioritizes neighborhood character and density management over per-property night limits. The City Council has periodically reviewed STR regulations and may consider additional restrictions in the future as the short-term rental market in the Research Triangle continues to grow. Hosts should monitor DurhamOne Call and City Council meeting agendas for any proposed regulatory changes. All short-term rental nights are subject to applicable state sales tax (4.75%) and Durham County occupancy tax (6%), with monthly tax return filing required regardless of how many nights are rented.
Contact your local code enforcement office for specific penalty information.
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