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Montgomery County, OH Short-Term Rentals: Occupancy Limits (2026)

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

Key Facts

County guest cap
None
Who sets limits
City/village/township
Transient guest defined
Under 30 consecutive days
Tax-exempt stay
30+ consecutive days
Rule basis
Length of stay, not headcount

Summary

Montgomery County sets no guest-count occupancy cap for short-term rentals. Occupancy limits, if any, come from your city, village, or township zoning and building codes. The county's lodging tax uses a time-based rule: guests staying fewer than 30 consecutive days are 'transient' and taxable.

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

"Transient guest(s)" means person(s) occupying a room or rooms for sleeping accommodations for less than thirty (30) consecutive days.

Source: Ohio R.C. Chapter 519 - Township ZoningView official code

Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.

Full Breakdown

The county imposes no per-unit occupancy or maximum-guest limit on short-term rentals. Such caps are a matter of local zoning and property maintenance codes adopted by the municipality or township where the property sits. The only county 'occupancy' concept is in the Hotel Lodging Excise Tax rules, which define a transient guest by length of stay rather than headcount: occupancy for fewer than 30 consecutive days is taxable, and a stay of 30 or more consecutive days by the same guest is exempt from the tax.

Violations & Fines

Occupancy-limit enforcement is by the local zoning or building official. There is no county occupancy penalty; the 30-day rule only affects whether the lodging tax applies.

Frequently Asked Questions

How many guests can my rental hold?
Montgomery County sets no cap. Maximum occupancy is governed by your city, village, or township zoning and building codes.
When does a long stay stop being taxable?
A guest occupying the same accommodation for 30 or more consecutive days is exempt from the county lodging tax.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

Compare Montgomery County to another location·View the Ohio short-term rentals overview

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