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Smyrna, GA Short-Term Rentals: Night Caps (2026)

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

Key Facts

Annual cap
180 days per calendar year
Applies to
Short-term rentals in single-family zoning districts
Cap does not apply if
The property is owner-occupied
Stays not counted
Same occupant for more than 30 consecutive days
Owner-occupancy proof
Valid homestead exemption, or affidavit plus two documents
Licenses per single-family property
One

Summary

In the City of Smyrna, Georgia, a short-term rental in a single-family zoning district cannot be rented for more than 180 days in any calendar year unless the property is owner-occupied. A rental to the same occupant for more than 30 consecutive days does not count toward the 180 days.

(h)Limitations.(1)Properties with a single-family zoning designation shall be limited to one short-term rental license per property. ... (3)Accessory buildings on properties with a single-family zoning designation may only be used as short-term rental units if the subject property is an owner-occupied property.(4)A short-term rental unit within a single-family zoning district shall not be rented for such use for more than 180 days in any calendar year unless the property is owner-occupied. A rental to the same occupant for more than 30 consecutive days shall not be counted in the 180-day restriction.

Full Breakdown

Section 22-348(h) of the Smyrna Code of Ordinances lists the limitations on short-term rentals, and paragraph (4) is the annual night cap. A short-term rental unit within a single-family zoning district shall not be rented for such use for more than 180 days in any calendar year unless the property is owner-occupied. A rental to the same occupant for more than 30 consecutive days is not counted in the 180-day restriction, which tracks section 22-343's definition of a short-term rental as a stay not exceeding 30 consecutive days.

The exemption turns on owner-occupied property, which section 22-343 defines as real property containing one or more dwelling units where one is occupied by the property owner as his or her primary place of residence, with the units sharing the property identification number assigned by the county board of tax assessors. Proof requires a valid homestead exemption submitted with the license application. In lieu of that, the applicant submits a sworn affidavit and supporting documentation of residency, and without a homestead exemption two of the following are required: a valid Georgia driver's license or identification card, registration for vehicles owned by and registered in the applicant's name, a Cobb County voter's registration card, or the previous year's W-2 form or Internal Revenue Service tax return.

The other paragraphs of section 22-348(h) sit alongside the cap. Single-family zoned properties are limited to one short-term rental license and one short-term rental unit per property, advertising multiple units at once is prohibited, and a property with an active long-term lease cannot be issued a license. Accessory buildings on single-family properties can be used only if the property is owner-occupied. The section prints no night cap for other zoning districts.

Violations & Fines

Renting beyond the cap is a violation of the chapter, which section 22-342 makes unlawful. Section 22-349 allows suspension or revocation of the license, and section 1-8 sets a fine not exceeding $1,000.00 and jail up to six months, with each day a separate offense. Three convictions in 24 consecutive months mean the city court revokes the license for a 12 month bar.

Frequently Asked Questions

What is the yearly rental night limit in Smyrna?
Section 22-348(h)(4) sets 180 days in any calendar year for a short-term rental unit in a single-family zoning district. The limit does not apply when the property is owner-occupied, as proven by a homestead exemption or the residency documents section 22-343 lists.
Does a long guest stay count toward the 180 days?
Not if it runs long enough. Section 22-348(h)(4) says a rental to the same occupant for more than 30 consecutive days is not counted in the 180-day restriction. Stays of up to 30 consecutive days for compensation are the ones that count against the cap.
How do I prove my property is owner-occupied?
Section 22-343 requires a valid homestead exemption submitted with the license application. Without one, submit a sworn affidavit with supporting documentation, and two items such as a Georgia driver's license or identification card, vehicle registration in your name, a Cobb County voter's registration card, or last year's W-2 or IRS tax return.
Can I rent a detached accessory building under the cap?
Section 22-348(h)(3) allows accessory buildings on single-family zoned properties to be used as short-term rental units only if the property is an owner-occupied property. The 180 day cap in paragraph (4) then does not restrict an owner-occupied property.

Sources & Official References

Other rules in Smyrna

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