Montgomery County, MD Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Primary residence required
- Owner or authorized resident occupancy
- Absentee cap
- 120 days/year if unit vacant
- No cap if resident present
- Unlimited days during rental
- License required
- Chapter 54 license, §54-43(g) certification
- Excluded municipalities
- Rockville, Gaithersburg, Poolesville + 4 others
Summary
Montgomery County zoning limits short-term rentals to dwellings that are the owner's or an authorized resident's primary residence, capping absentee rentals at 120 days a year unless the resident is home during the stay.
The dwelling unit used as a Short-Term Rental must be the property owner's or owner-authorized resident's primary residence, regardless of dwelling unit type.
c. If the property owner or owner-authorized resident is not present in the residence, the property can be used as a Short-Term Residential Rental for a maximum of 120 days in a calendar year. If the property owner or owner- authorized resident is physically present and occupies the resi- dence during the rental stay, there is no limitation on the number of days the property can be used as a Short-Term Residential Rental.
d. The use must be licensed under Chapter 54.
e. The maximum number of occupants is limited by Chapter 26, Section 5; however, the total number of overnight guests in the Short-Term Residential Rental who are 18 years or older is limited to six, and the total number of overnight guests over 18 years of age per bedroom is limited to two.
f. One off-street parking space must be provided for each rental contract unless the online listing indicates that vehicle parking is prohibited. (Legislative History: Ord. No. 18-08, § 3; Ord. No. 18-39, § 2; Ord. No. 18-30,
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).
Full Breakdown
Zoning Ordinance §3.3.3.I.2.b requires that a Short-Term Residential Rental unit be the property owner's or an owner-authorized resident's primary residence, regardless of dwelling type, and bars use of a Farm Tenant Dwelling or any lot with an Accessory Dwelling Unit. If the owner or authorized resident is absent, the unit can only be rented up to 120 days per calendar year; there's no day cap when they're present during the stay. The license application under Chapter 54, §54-43(g) requires the applicant to certify the unit is their primary residence. The rule doesn't apply in Rockville, Gaithersburg, Poolesville, Brookeville, Laytonsville, Barnesville, or Washington Grove, which have their own zoning ordinances.
Violations & Fines
Renting a non-primary-residence unit or exceeding the 120-day absentee cap risks license suspension or revocation by the Director (Sec. 54-47) and a 3-year bar on relicensing that unit (Sec. 54-49).
Frequently Asked Questions
Can I rent out a home that isn't my primary residence?
How many days can I rent while I'm away?
Does this rule apply in Rockville or Gaithersburg?
Sources & Official References
Other rules in Montgomery County
Compare Montgomery County to another location·View the Maryland short-term rentals overview
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