Short-term rental rules · Gaithersburg, Maryland
Short-term rentals in Gaithersburg, explained properly.
Gaithersburg requires the owner of an occupied short-term rental unit to hold a City short-term rental license issued by the city manager. The license comes with a signed declaration of compliance, $1,000,000 of liability insurance naming the City, working smoke and carbon monoxide alarms, a posted information sheet, a guest registry, the license number in every listing and, where the home is in an association, the association's written approval. Which zoning districts allow short-term rentals, the license fee amount and any City lodging tax are not shown on this page yet; Maryland's 6% state sales tax is covered in the state rules below.
At a glance
What you need to know before you buy or list
| Question | Answer |
|---|---|
| Are short-term rentals allowed? | A City short-term rental license is required to operate; which zoning districts allow short-term rentals is not shown here[1]ClauseClauseClauseConfirming |
| Is a City short-term rental license required? | Yes: owners of occupied short-term rental units must hold a valid, unrevoked license issued by the city manager, with a signed declaration of compliance[1][2]ClauseClauseClauseClauseClause |
| Is written HOA or condominium association approval required? | Required where the home is in a homeowners or condominium association: submit the association's written approval showing common ownership community fees are no more than 30 days past due[1]ClauseClauseClause |
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Detailed rules
The full picture, section by section
Operating rules
| Liability insurance | Required: at least $1,000,000 of short-term rental liability insurance naming the City as an additional insured[1]ClauseClause Sec. 18AA-3.1(5) requires the host to maintain a minimum short-term rental liability insurance policy of at least one million dollars ($1,000,000.00), which names the city as an additional insured. |
|---|---|
| Smoke and carbon monoxide alarms | Required: approved working smoke alarms and carbon monoxide alarms in every bedroom and on every level, as required by Chapter 11[1]ClauseClause Sec. 18AA-3.1(3) requires all dwelling units to have approved working smoke alarms and carbon monoxide alarms in every bedroom and on every level of the home as required by Chapter 11 of the City Code. Chapter 11 was not read. |
| Information posted in the unit | Required: post emergency contact, host or agent contact, street address, a floor plan showing fire exits, Neighborhood Services contact details and City and association rules on parking, noise and trash[1]Clause Sec. 18AA-3.1(4) requires this information to be posted in a conspicuous place within each dwelling unit used as a short-term rental. |
| Guest registry | Required: keep a guest registry with each guest's name, check in/out dates and rent paid, readily available for inspection[1]Clause Sec. 18AA-3.1(6) requires the host to maintain, and keep readily available for inspection, a guest registry that includes at least the name of each guest, check in/out dates and rent paid. |
| License number in listings | Required: post the valid license number on all listings advertising the short-term rental dwelling unit[1]Clause Sec. 18AA-3.1(7) requires the valid license number on every listing that advertises the dwelling unit. |
| Local taxes and fees | Required: remit all local taxes and required fees[1]Clause Sec. 18AA-3.1(8) makes remitting all local taxes and required fees part of the license. The sections read here do not name a City lodging tax rate or a fee amount, so none is shown on this page. |
| Inspection and posting at issuance | On issuing the license the City has the premises inspected; the license is posted in a conspicuous place on the premises or kept by the property manager[2]ClauseClause Sec. 18AA-5(a) provides that the city manager or designee issues the license on a completed application and the required fee and causes an inspection of the premises. The license is posted in a conspicuous place on the premises or maintained in the custody of the property manager. |
State law that also applies
| Maryland state sales tax on short-term rentals | 6% Maryland sales and use tax: the Tax-General Article counts a short-term rental (the temporary use of a home or part of one to lodge transient guests for pay) as taxable tangible personal property, taxed at 6 cents on each dollar[3][4][5]ClauseClauseClauseClauseClause Section 11-101 of the Tax-General Article defines a short-term rental as the temporary use of a short-term rental unit (a residential dwelling unit or part of one, including a house, apartment, condominium or cooperative) to provide accommodation to transient guests for lodging purposes in exchange for consideration, and lists both an accommodation (a right to occupy a room or lodgings as a transient guest) and a short-term rental as tangible personal property. Section 11-104(a) sets the general sales and use tax rate at 6 cents for each exact dollar of the taxable price. The Comptroller of Maryland's 2016 tax alert on accommodations says that individuals who rent out their homes or rooms are accommodations providers who must register with the Comptroller and collect the tax, that the tax does not apply to monthly or permanent residents, and that all rentals in resort areas for terms of 4 months or less are subject to the tax. Local room or hotel taxes are shown on each place's page. |
|---|---|
| Do booking platforms collect the state sales tax? | Yes: Maryland law makes a short-term rental platform a vendor, counts bookings made through it as sales, and requires vendors to collect the sales and use tax from the guest; tax is due on the full amount the guest pays, not counting other taxes remitted[3][6][5]ClauseClauseClauseClauseClause Section 11-101 defines a short-term rental platform as an Internet-based digital entity that advertises short-term rental units and is paid for facilitating reservations or processing booking transactions for the owner, operator or manager, and lists a short-term rental platform as a vendor. Section 11-403(a)(5) says sales include a booking transaction made through a short-term rental platform, and 11-403(b) requires a vendor to collect the sales and use tax from the buyer. Under 11-101(l)(5), when a platform facilitates a stay, the taxable price is the full amount the guest pays, not counting any tax remitted to a taxing authority; a commission paid by the host after the booking is not included. The Comptroller's 2016 alert says hosting platforms that collect payments on behalf of an owner must register and collect the tax, and that an owner's duty to collect is waived only when the platform gives the owner a resale certificate. A 2025 law (Chapter 638) rewrites these definitions from July 1, 2027 so that an accommodations intermediary includes a short-term rental platform. The sources read do not say whether a host who books through a platform that collects must still file returns; check with the Comptroller. |
| Statewide short-term rental law? | Yes, a statewide safety law (in effect since October 1, 2026): hosts of rentals offered for less than 30 consecutive days must post an evacuation diagram and emergency numbers and provide a working fire extinguisher, smoke alarms and carbon monoxide alarms; booking services must tell hosts about these rules. There is no statewide short-term rental license, ban or cap, and the law does not limit local rules[7][8]ClauseClauseClauseClauseClauseClauseClause Chapter 9 of the 2026 Laws of Maryland (House Bill 1221) added Public Safety Article sections 9-1101 to 9-1106, effective October 1, 2026. They apply only to a short-term rental unit offered for less than 30 consecutive days. The host must conspicuously post an evacuation diagram identifying all exits and a list of emergency numbers for police and fire rescue, and provide a working fire extinguisher and working smoke and carbon monoxide alarms. Booking services must electronically notify hosts of these requirements and require each host to provide the inspection confirmation for each unit. By July 1, 2028, each county and Baltimore City must, by local law or regulation, require annual inspections of all short-term rental units for these requirements (this does not apply to a county that prohibits short-term rentals) and may charge an inspection fee. The law does not require a county or Baltimore City to allow short-term rentals and does not preempt other local measures. In the 2026 session, House Bill 993 (local rules on short-term rentals run by tenants) passed the House; its last action shown, on April 13, 2026, was Second Reading Passed in the Senate, and it has no chapter number. |
Changes
Recent and pending changes
We read Sec. 18AA-3.1 (short-term rental license) and Sec. 18AA-5 (issuance) of the Gaithersburg City Code, as fetched on October 16, 2026, together with the title page of the Code. We did not read the other sections of Chapter 18AA, the short-term rental regulations under Sec. 2-10, the Zoning Ordinance, the fee schedule or City Council agendas, so we will watch the Code for changes.
Sources
Every rule above links to one of these
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This page is general information compiled from public sources, not legal or tax advice. HOA rules, deed restrictions and zoning for a specific property can be stricter. Confirm with the local permitting office and a qualified professional before buying or listing a property.