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

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

Key Facts

Governing section
Sec. 12-3008(a)(3)
Enforcing agency
Community Development & Regulatory Affairs Dept.
First violation fine
$500.00
Third+ violation fine
$1,000.00
Compliance form
Code compliance verification (Sec. 12-3002)
Permit expiration
December 30 annually

Summary

South Fulton requires every permitted short-term rental to post its permit inside the unit, and that posting must state the unit's maximum occupancy. Section 12-3008(a)(3) makes the occupancy figure part of the mandatory in-unit disclosure, tied to the owner's sworn code compliance verification confirming the unit meets zoning, building, health and life safety limits before renting to guests.

(a)A legible copy of the short-term rental unit permit shall be posted within the unit and include all of the following information:(1)The name, address, telephone number and email address of the short-term rental agent;(2)The short-term rental permit number;(3)The maximum occupancy of the unit; and(4)The maximum number of vehicles that may be parked at the unit.(b)Short-term rental units must be properly maintained and regularly inspected by the owner to ensure continued compliance with applicable zoning, building, health and life safety code provisions.

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 13 Update 1).

Full Breakdown

Under Sec. 12-3008(a), the operator of a permitted short-term rental must keep a legible copy of the permit posted inside the unit, and that posting has to display four items: the short-term rental agent's contact information, the permit number, the maximum occupancy of the unit, and the maximum number of vehicles that may be parked there. The occupancy figure is not left to the renter's guess: Sec. 12-3002 requires owners to file a code compliance verification form certifying the unit meets applicable zoning, building, health and life safety code provisions, and the same section bars anyone from allowing occupancy of a short-term rental unit that is in violation of those provisions.

Sec. 12-3008(b) reinforces this by requiring owners to maintain and regularly inspect the unit for continued compliance with those same codes. Overcrowding tied to occupancy is also folded into the city's nuisance-party framework: Sec. 12-3002 lists a gathering of five or more people at a short-term rental that produces disturbances such as unlawful alcohol sales, noise violations or property damage as a 'nuisance party,' and Sec. 12-3010 makes any nuisance party violation grounds for immediate revocation of the rental permit. The Community Development and Regulatory Affairs Department administers the permit program, reviews the sworn application, and can require additional information from an applicant to verify occupancy and safety compliance before a permit issues.

Violations & Fines

Renting above the posted occupancy or in violation of the code compliance verification triggers the chapter's escalating fine schedule under Sec. 12-3009(d): $500.00 for a first violation, $750.00 for a second within 12 months, and $1,000.00 for a third or later violation in that period, none of which the city may waive or reduce. Three violations at one property within 12 consecutive months trigger automatic permit revocation and a 12-month application freeze under Sec. 12-3009(b).

Frequently Asked Questions

Does South Fulton set a specific number for maximum occupancy?
The code does not print a flat citywide number. Instead, Sec. 12-3008(a)(3) requires the posted permit to display 'the maximum occupancy of the unit,' a figure the owner establishes through the sworn code compliance verification form required by Sec. 12-3002, which certifies the unit meets zoning, building, health and life safety limits before it can legally host paying guests.
What happens if a short-term rental exceeds its posted occupancy?
Overcrowding that produces disturbances can be charged as a nuisance party under Sec. 12-3002, which covers gatherings of five or more people generating complaints like noise or property damage. A single nuisance party violation is grounds for immediate revocation of the rental permit under Sec. 12-3010(d).
Who enforces South Fulton's short-term rental occupancy posting rule?
The City of South Fulton Community Development and Regulatory Affairs Department administers short-term rental permits, reviews the code compliance verification form, and can demand additional information from an applicant under Sec. 12-3005(a)(7) before an occupancy figure is accepted and the permit is issued.

Sources & Official References

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