Short-term rentals in Cherokee County, explained properly.

A short-term rental may not offer more than five bedrooms. For a home with more than five bedrooms, the owner gives a sworn acknowledgement on the application that the excess bedrooms will be and remain locked for the whole of all rental periods. The county application form shows the same five-bedroom maximum.

A certificate may not be used by anyone other than the person it was issued to, or at any location other than the one it was issued for. If ownership of the property changes, a new application is required before any use as a short-term rental. The county page repeats that certificates are non-transferable.

The owner must also tell the county in writing if the HOA's bylaws are later amended to prohibit or restrict short-term rentals. The county may deny an application or renewal when the HOA provides covenants or other legal documents that prevent short-term rentals. The county application form asks whether the unit is in an HOA and repeats the statement requirement.

Overnight guests are those staying on the property between midnight and 7:00 a.m. The county application form shows a 16-person maximum. The posted notice must state the maximum overnight guests and total persons allowed.

Parking is not permitted on grass, in yards or on neighboring property. Required spaces must be on the same property as the rental, and parking the owner does not own cannot count. The application asks for the number and location of spaces, and the posted notice must state the maximum number of vehicles.

The owner may name themselves, or hire a managing agent. The contact receives notices of violation and monitors compliance. The owner must tell the Development Services Center in writing of any change of contact or phone number; failing to do so within 14 days is a reason to revoke the certificate. The county application also asks for the contact's age and a copy of ID.

Every short-term rental must be rented to a designated responsible person. Renting to someone who does not meet the age rule, or failing to designate one before occupancy, counts as noncompliance by the owner.

The sample agreement must show the occupants' agreement to follow the division, other county ordinances and state and federal law; that their rights cannot be transferred or assigned; their acknowledgement of the noise limits (the stricter of the division and the county Noise Ordinance controls); and that violations may mean immediate termination, eviction and fines.

Each issued certificate carries a unique identification number.

The notice lists the owner and 24-hour local contact; the nearest hospital; the maximum overnight guests and total persons; the maximum vehicles; the trash pickup day; quiet hours (the code gives the example of 11:00 p.m. to 7:00 a.m. daily, except midnight on Saturday to 1:00 p.m. on Sunday); a ban on outdoor amplified speakers; and a copy of the certificate. The county Noise Ordinance in Chapter 26 hasn't been reviewed yet.

A special event is a celebration, ceremony, wedding, reception, corporate function or similar gathering for the benefit of someone other than the owner.

On a privately-owned road, the written authorization must grant access to county employees with authority to enforce the division, including marshal, sheriff, fire department and board of health staff, and must authorize gate access where there is a gate.

Smoke detectors are required in every bedroom, outside each bedroom and on each story. Carbon monoxide detectors go outside the bedrooms. Every bedroom needs an operable window or door for emergency escape. Each floor needs a charged ABC extinguisher of at least five pounds. A private pool must meet the International Swimming Pool and Spa Code. On a septic system, the application needs a Health Department performance evaluation. The property must also be kept up under the county Zoning Ordinance and the Property Maintenance Code.

The code requires an initial administration fee with the application and an annual renewal fee every year after, and leaves the amounts to a fee schedule we haven't reviewed yet. The county's short-term rental page asks for the $50.00 fee with the application and gives the amount without a date. Confirm the current fee, and the renewal fee, with the Development Services Center. The county page also says that, since January 1, 2026, the Development Service Center no longer accepts cash.

Grounds for denial include a revocation or suspension of another certificate within 12 months, unpaid property taxes, a history of complaints (at the director's discretion), a septic or health concern, code-violation notices from county offices, HOA covenants preventing rentals, or any other unmet requirement. Application and renewal are reviewed on the same timetable.

The Short-Term Rental division points to Article III of Chapter 54 of the County Code for the lodging excise tax. We haven't reviewed Chapter 54 yet, so the county rate and filing steps aren't on this page. The state sales tax and hotel-motel fee above apply in addition. This page does not give a combined total.

These are fines set in magistrate court on a finding of guilt or a plea. After a third violation the owner or local contact cannot reapply for 12 months. A violation by a guest counts against the owner. Each day a rental is marketed or rented without a certificate is a separate violation. The Board of Commissioners may suspend or revoke for longer periods, and may reduce a mandatory suspension on evidence of prevention practices.

A certificate is revoked immediately on bankruptcy, receivership or legal process against the owner or property. The director may suspend a certificate on an immediate health hazard until it is fixed. A certificate may be suspended or revoked if the rental is a public nuisance. The Board's decision is final unless appealed to Superior Court within 30 calendar days of written notice.

Georgia charges sales tax on accommodations. The state rate is 4%, and each county adds its own local sales taxes; the Georgia Department of Revenue publishes the combined rate for every county in a quarterly rate chart.

Georgia charges a $5.00 State Hotel-Motel Fee for each night an accommodation is rented, including short-term rentals. It is a flat amount per night, not a percentage of the rent, and is collected from the guest.

The $5 state fee does not apply once a stay becomes an extended stay: from the 31st day of uninterrupted occupancy by the same guest, the fee is no longer collected. If the guest checks out and checks back in, the count starts again.

If you list your home with an online booking platform that handles payment (a "marketplace innkeeper"), the platform must collect and remit the state hotel-motel fee for each night of those stays. For stays you book yourself, you collect and remit the fee.

Owners who collect the state hotel-motel fee must register on the Georgia Tax Center for a sales tax number and a state hotel-motel fee number, and file the fee return electronically by the 20th of the following month. A return is due every month, even when no rooms were rented and even if sales tax is filed quarterly or yearly.