Auburn, AL Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Occupancy requirement
- Owner resides >180 days/year
- Governing section
- Zoning Ordinance § 511.04(d)
- Licensing year
- Jan 1 to Dec 31
- Non-owner-occupied alternative
- Short-Term Non-Primary Rental, §408.02.D.6
- Noncompliance penalty
- Permit revocation (§511.04(e))
Summary
A homestay in Auburn can only operate if the owner actually lives there most of the year. Section 511.04(d) of the Zoning Ordinance requires the owner to occupy the dwelling as a residence for more than 180 days during each licensing year the home occupation permit is valid.
Each home occupation for a homestay will be valid from January 1 (or such other date during a calendar on which such home occupation for a homestay is issued) through December 31 of the calendar year in which the home occupation for a homestay is issued. During this period of validity, the owner of the homestay must occupy the dwelling as his or her residence for more than 180 days.
Full Breakdown
Auburn only permits home-sharing under the "homestay" home occupation defined in Section 203, and Section 511.04(d) builds a primary-residence test directly into the permit. Each home occupation for a homestay is valid from January 1 (or the date it is issued) through December 31 of that calendar year, and during that window, the owner must occupy the dwelling as his or her residence for more than 180 days, a majority of the year. That requirement keeps the homestay tied to a real, lived-in home rather than functioning as investment rental property; a separate use, "Short-Term Non-Primary Rental" under Section 408.02.D.6, exists for units that are not anyone's residence, capped instead at 240 days of operation a year.
The owner-occupancy rule pairs with Section 511.04(b)'s separate 90-day cap on operation when the owner is away, so a homestay owner has to balance both: live in the home more than 180 days and keep unhosted stretches under 90 days within the same calendar year. Applications for the homestay permit go through the Planning Director under Section 511.04.C, requiring a deed or notarized authorization from the property owner, with the Director required to approve, deny, or request more information within three business days. Failing to maintain the residency requirement is treated as noncompliance with the homestay regulations, which under Section 511.04(e) is grounds for the Planning Director to revoke the homestay permit outright.
Violations & Fines
Falling below the more-than-180-day residency requirement in Section 511.04(d) counts as noncompliance with the homestay regulations, and Section 511.04(e) lets the Planning Director revoke the permit for that failure alone, even without a neighbor complaint. A revoked owner cannot receive a new homestay permit for the remainder of that calendar year or all of the next. General zoning violations also carry the Section 909 penalty of up to a $500 fine and six months in jail.
Frequently Asked Questions
Does Auburn require a short-term rental host to live in the home?
What counts as the homestay "licensing year" for the residency count?
What happens if I stop living in my Auburn homestay full time?
Sources & Official References
Other rules in Auburn
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