Durham, NC Short-Term Rentals: Occupancy Limits (2026)

Durham enforces occupancy limits for short-term rentals through a combination of its STR regulations and the Durham Housing Code (City Code Chapter 10, Article VI). The short-term rental occupancy formula allows two guests per designated bedroom plus two additional guests, with an absolute maximum of 10 total occupants regardless of the number of bedrooms. This means a two-bedroom STR may host up to six guests (two per bedroom plus two extra), a three-bedroom may host up to eight, and a four-bedroom may host up to ten. The 10-person cap applies even to properties with five or more bedrooms. Additionally, the Durham Housing Code contains a broader occupancy provision stating that no more than three individuals who are unrelated by blood, marriage, or adoption may reside in a single dwelling unit. While this provision is primarily targeted at longer-term occupancy arrangements, it establishes a baseline standard for residential properties across the city. For short-term rental compliance purposes, the two-per-bedroom-plus-two formula is the operative standard. Hosts are responsible for monitoring guest counts and should include occupancy limits in their listing descriptions and house rules. Exceeding posted occupancy limits may trigger enforcement action, particularly if neighbors file noise or disturbance complaints linked to overcrowding. Properties that repeatedly exceed occupancy limits risk license suspension or non-renewal. Durham fire safety standards also impose minimum square footage per sleeping room, and the safety inspection required for STR licensing verifies that bedroom designations meet building code requirements for egress windows and minimum dimensions.