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Clayton County, GA Short-Term Rentals: Primary-Residence-Only Rule (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Owner occupancy
Required on same property
Unit location
Inside or adjacent to home
Investor whole-house
Not permitted
Rental threshold
Under 30 days
Authority
County Code § 22-900

Summary

Clayton County allows short-term rentals only inside or adjacent to the owner's occupied dwelling on the same property. Non-owner-occupied, investor-run whole-house rentals are not permitted in the unincorporated county.

These county ordinances apply to unincorporated areas of Clayton County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A short-term rental unit shall be located inside or adjacent to its owner's occupied dwelling located on the same property.

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 104).

Full Breakdown

Section 22-900 of the Clayton County Code defines a short-term rental unit as a nonsubsidized house, apartment, condominium, room, or lodging accommodation rented to the same tenant for under 30 days, and requires that the unit be located inside or adjacent to its owner's occupied dwelling located on the same property. This owner-occupancy tie means the county's STR framework is built around a host who lives on the parcel, similar to a hosted or accessory arrangement, rather than a detached investment rental. It effectively limits whole-property, absentee-investor STRs in the unincorporated county. Georgia has no statewide STR preemption, so this local requirement stands.

Violations & Fines

A rental that is not inside or adjacent to the owner's occupied dwelling does not meet the Section 22-900 definition and cannot be permitted.

Frequently Asked Questions

Can I run an STR at a property I don't live at?
Not in unincorporated Clayton County. Section 22-900 requires the unit to be inside or adjacent to the owner's occupied dwelling on the same property.
Does Georgia override this local rule?
No. Georgia has no statewide short-term rental preemption, so Clayton County's owner-occupancy requirement applies in the unincorporated area.

Sources & Official References

Other rules in Clayton County

All Clayton County rules

Compare Clayton County to another location·View the Georgia short-term rentals overview

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