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

Section 22-348(b) of the Smyrna Code of Ordinances sets the occupancy rule for short-term rentals, titled maximum occupancy based on site capacity. Under paragraph (1), the maximum overnight occupancy is limited to two persons for each bedroom, plus three additional persons. The bedroom count is based on the county tax assessor's residential profile of the property and other documents of record, as needed, so a listing cannot raise its cap by relabeling rooms. In no case can the total for any dwelling unit exceed the occupancy limits permitted by the state and local fire and building codes, which makes the fire and building code limit a hard ceiling above the bedroom formula.

Paragraph (2) applies the cap in the overnight window: between 10:00 p.m. and 7:00 a.m., the occupancy load of the unit may not exceed the maximum allowed number of overnight tenants. Paragraph (3) governs advertising. All marketing and advertising must state the occupancy limit and the maximum parking available on the property. Advertising for more than the allowable occupancy or allowable parking is prima facie evidence of a violation, and leaving out the occupancy limit or the maximum parking is also prima facie evidence of a violation.

Section 22-348(a) requires a legible copy of the license, posted within the unit, to show the maximum occupancy along with the agent's contact details, the license number and the maximum number of vehicles. Section 22-343 defines maximum occupancy as the maximum allowable occupancy of the unit based on site capacity. A short-term rental occupant is anyone who, in exchange for compensation, stays for a period not to exceed 30 consecutive days.