Short-term rentals in Boston must be in owner-occupied properties, regardless of the property type. A primary residence is defined as a property where the owner lives for at least nine months each year. Rentals are limited to stays of fewer than 28 consecutive days, but there is no annual cap on the total number of rental days.
Key Takeaways
- Boston only allows short-term rentals in owner-occupied primary residences (the owner must live there at least nine months), for stays under 28 consecutive days, with no annual cap on total rental days.
- The city recognizes three short-term rental categories: Limited Share (renting bedrooms while the owner is present), Home Share (renting the entire primary residence), and Owner-Adjacent (renting a secondary unit in an owner-occupied or owner-adjacent home).
- Operators must follow strict registration and compliance rules: obtain a Boston business certificate and annual short-term rental registration, include the active registration number in all ads, notify neighbors within 30 days.
Zoning and Property Restrictions
In order to be used as a short-term rental, the property must be classified for residential use. Boston separates short-term rentals into three categories:
- Limited Share Units: A private bedroom rented within an owner-operator’s primary residence. At least one bedroom must remain reserved for the owner’s use, and the owner must be present during the guest’s stay. Occupancy is limited to three guest bedrooms or six guests, whichever is fewer.
- Home Share Units: An entire dwelling unit rented within the owner-operator’s primary residence. Occupancy is limited to five bedrooms or 10 guests, whichever is fewer.
- Owner-Adjacent Units: A full secondary unit located within an owner-occupied two- or three-family building. The owner may rent the entire secondary unit as a short-term rental.
Only one whole-unit listing may be rented out at a time, but you can register a home share or limited share along with an owner-adjacent unit. In two- and three-family buildings, the owner must own all units in the building.
License and Registration Requirements
Landlords need to have:
- A business certificate from the City of Boston
- A short-term rental registration (renewed annually)
A local contact must be designated and available 24/7, with the ability to respond in person within two hours if needed.
Other Requirements
Listings must include an active registration number in all advertisements. Operators must notify neighbors within 30 days after getting their short-term rental license. Either the owner or an agent must be available during any stays and be able to respond within two hours.
Operational Requirements and Compliance Rules
The property must comply with all applicable housing laws and city ordinances, including regulations related to noise, trash disposal, and disorderly conduct. In addition, a sign identifying the locations of fire extinguishers, fire exits, and fire alarm pull stations must be visible in the rental.
You must keep records for three years that show that you, the landlord, lives in the unit as a primary residence, owns the unit, and tracks how many days each year it is rented as a short-term rental.
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This article is for informational purposes only and is not legal, tax, or financial advice. The information presented here is a general overview and is not all-encompassing; it may not cover every requirement, exception, permitting process, enforcement practice, or recent update in each location. Short-term rental laws and tax rules vary by location and can change, so verify current requirements and consult a qualified attorney or professional for guidance.
FAQs
Are short-term rentals legal in Boston?
Yes, short-term rentals are legal in Boston as long as they meet the city’s rules, including owner-occupancy and residential-use classification. Boston only allows rentals for fewer than 28 consecutive days, and there’s no annual cap on total rental days.
Do I need a license or permit in Boston to operate a short-term rental?
To operate a short-term rental legally in Boston, you must have a business certificate from the City of Boston and a short-term rental registration that is renewed annually. You also need to designate a local contact who is available 24/7 and able to respond in person within two hours if needed, include an active registration number in all advertisements, and notify neighbors within 30 days after getting your short-term rental license.
Does a short-term rental have to be my primary residence in Boston?
Yes, Boston requires short-term rentals to be in owner-occupied properties, and the rental must be tied to the owner’s primary residence. Boston defines primary residence as a property where the owner lives at least nine months per year. You must also keep three years of records proving you live there as your primary residence, that you own the unit, and you’re tracking rental days.
