Fairfax County, VA Short-Term Rentals: Occupancy Limits (2026)

Fairfax County Zoning Ordinance §4102.4 establishes strict occupancy limits for Short-Term Lodging operations to preserve residential neighborhood character. The core limits are: (1) Maximum of 6 adult guests (persons age 12 and over) as overnight lodgers at any one time — this limit applies regardless of the home's bedroom count or square footage; (2) Children under age 12 do not count toward the 6-guest cap; (3) Maximum 2 vehicles belonging to guests on the property, which must be parked in the driveway or garage (not on public streets in violation of neighborhood parking norms); (4) Maximum 60 rental nights per calendar year when the operator/owner is not present on the property ('unhosted' nights); hosted nights (when the operator resides at the property during the rental) are generally not capped, though the primary residence requirement (185 days owner-occupied) effectively limits total rental activity; (5) No parties, weddings, receptions, commercial events, or gatherings involving people who are not overnight lodgers are permitted — the STL use is limited to overnight accommodation only. Violations of occupancy limits are among the most commonly reported complaints and can result in: Notice of Violation with 30-day cure period for first offense; civil penalties of $200-$5,000 under VA Code §15.2-2286; permit revocation after 3 verified violations within 12 months; and potential criminal misdemeanor charges for operating without a valid permit. The county uses platform data and neighbor complaints to monitor compliance. STL operators are required to post the permit, occupancy limits, emergency contact, and house rules inside the rental unit. Quiet hours typically apply from 10 PM to 7 AM, during which outdoor use (pools, patios) must be minimized.