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

Smyrna does not require every short-term rental host to live on the property. Section 22-341 permits short-term rentals in all residential zoning districts, so owner occupancy decides how many days a single-family property can be rented and whether a backyard unit qualifies. Under Section 22-348(h)(4), a short-term rental unit in a single-family zoning district cannot be rented for more than 180 days in any calendar year unless the property is owner-occupied, and a rental to the same occupant for more than 30 consecutive days is not counted in the 180-day restriction.

Section 22-348(h)(3) allows an accessory building on a single-family property to be used as a short-term rental only if the property is owner-occupied. The definition of short-term rental unit in Section 22-343 says the same thing: if the primary building is owner occupied, a detached accessory building can be used. Section 22-348(h)(2) bars a license for any single-family-zoned property with an active long-term lease, and Section 22-348(h)(1) limits each single-family property to one license and one short-term rental unit. Advertising multiple rental units at the same time within a single-family property is prohibited.

Owner occupancy is a documented status, not a claim. Section 22-343 defines owner occupied property as real property where one dwelling unit is occupied by the owner and is his or her primary place of residence, and the dwelling units must share the property identification number assigned by the county board of tax assessors. The proof is a valid homestead exemption submitted with the license application. Without a homestead exemption, the applicant submits a sworn affidavit and supporting documentation stating that the primary dwelling unit is the legal residence and domicile of the resident, plus two of four items: a valid Georgia driver's license or identification card, vehicle registration in the applicant's name, a Cobb County voter's registration card, or the previous year's W-2 form or Internal Revenue Service tax return.

The Community Development Department issues the license and occupation tax certificate under Section 22-344. Licenses expire on December 31 of the year approved under Section 22-345(d), and complete applications are reviewed within 30 days under Section 22-347.