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Decatur, GA Short-Term Rentals: Occupancy Limits (2026)

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

Key Facts

Overnight cap formula
2 per guest room + 2 per property
Hard overnight ceiling
10 persons, no exceptions
Daytime visitor cap
14 persons or overnight cap + 4
Advertising duty
Listings must state max occupancy
Governing section
UDO Sec. 6.5.7.B.3.c-d

Summary

Decatur, Georgia's Unified Development Ordinance caps overnight guests at a short term rental at two people per guest room plus two more per property, never more than ten total, under Section 6.5.7.B.3.c. Daytime visitors cannot push the total past 14 or the overnight cap plus four, whichever is lower.

c.Maximum overnight occupancy for short term rentals shall be two persons per guest room or sleeping room, plus two additional persons per property or a maximum occupancy as determined by the fire marshal, but under no circumstances shall the maximum occupancy exceed ten persons. The short term rental owner shall ensure that all contracts and online listings and advertisements clearly set forth the maximum number of overnight guests permitted at the short term rental. ... d.The maximum number of day time guests and visitors allowed at any time in a single short term rental shall not exceed the maximum overnight occupancy plus four additional visitors, or 14 persons, whichever is less.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 28).

Full Breakdown

3 of the Decatur UDO regulates short term rentals as a category of overnight lodging alongside bed and breakfasts, hotels and lodginghouses. Subsection c fixes the overnight occupancy formula: two persons per guest room or sleeping room, plus two additional persons per property, or a maximum set by the fire marshal, but the ordinance is explicit that under no circumstances can overnight occupancy exceed ten persons regardless of how many guest rooms the property has. The short term rental owner is required to make sure every contract, online listing and advertisement clearly states the maximum number of overnight guests allowed.

Subsection d adds a separate daytime cap: the number of daytime guests and visitors present at any one time cannot exceed the overnight occupancy figure plus four additional visitors, or 14 persons total, whichever number is lower, so a rental capped at ten overnight guests tops out at 14 daytime visitors rather than the flat maximum. 3's off-street parking table. The occupancy caps exist to prevent a licensed short term rental from functioning as an unlicensed event venue or overcrowded flophouse in what is otherwise a residential structure inside a four-square-mile city.

Violations & Fines

Exceeding the ten-person overnight cap or the 14-person daytime cap under Section 6.5.7.B.3.c-d is a short term rental standards violation. The short term rental owner is responsible for making sure every contract, listing and advertisement discloses the correct maximum occupancy, and the Zoning Administrator can treat a mismatch between the posted and actual occupancy as a violation of the short term rental use standards.

Frequently Asked Questions

How many overnight guests can stay at a Decatur short term rental?
Two people per guest room or sleeping room, plus two more per property, capped at ten total no matter how many bedrooms the property has, per Section 6.5.7.B.3.c. The fire marshal can set a lower number if the structure requires it.
Can more people visit during the day than stay overnight?
Yes, but only up to a point. Section 6.5.7.B.3.d caps daytime guests and visitors at the overnight occupancy figure plus four, or 14 people total, whichever is less, so a ten-person overnight rental cannot host more than 14 daytime visitors.
What happens if a short term rental exceeds its occupancy cap?
It is a violation of the short term rental occupancy standards in Section 6.5.7.B.3.c-d. Decatur's ordinance requires every listing to disclose the correct maximum occupancy, and exceeding the posted cap is grounds for enforcement action against the short term rental permit.

Sources & Official References

Other rules in Decatur

All Decatur rules

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