Located in the northwest of the Pacific coastal region of the United States, Oregon offers geographical diversity to cater to a variety of travelers. The ‘Beaver State’ is not only one of the largest and least densely populated states in the US but is also home to volcanoes, forests, high deserts, mountains, lakes, parks, and beaches. Laying claim to 363 miles of coastline, mild weather in general, and a gorgeous landscape, it makes for great holidays all year round.
The government rules that govern your Airbnb in Oregon depend on your location – city, county, and state. It is important that you are aware and understand the rules that govern your Airbnb so you can keep running your vacation rental business without breaking the law and putting it in jeopardy altogether. Sorting through the different laws however can be tough. Here is our quick guide to laws, taxes, and regulations that govern Airbnbs in Oregon.
Laws governing Airbnbs in Oregon are a little more complicated than other states like Florida, for example, because they are specific to individual counties and cities (with the exception of state tax). The bill to regulate Airbnbs and other short term rentals state-wide is yet to even be voted on. Here are some of the main cities in Oregon and the regulations that govern Airbnbs within their borders.
Portland permits accessory short-term rentals where the property owner is required to be in residence for a minimum of 270 days a year. The rental can be within the main residence or a separate unit within the property, like a guest house. The owner or property manager must apply for a business license as well as a permit. The type of permit depends on the number of bedrooms being rented out.
Type A accessory short-term rental permits are for when up to 2 bedrooms are rented out, serving not more than 5 guests.
Type B accessory short-term rental permits are for when 3-5 bedrooms are rented out. The maximum number of guests allowed will depend on conditional use review.
Stays that exceed 30 days and rentals of 6 or more bedrooms are not considered accessory short-term rentals.
A certified neighborhood notification is required when applying for a permit. The city also conducts a number of inspections that must be passed and permits must be renewed every 2 years.
There is no guarantee that applicants will receive a permit and neighbors can object to the existence of an Airbnb in their neighborhood during the review process.
The city of Eugene permits short-term rentals when the Airbnb is registered with the city. Registrations must be renewed annually and don’t require a fee. Guest stays cannot exceed 30 nights.
Each Airbnb can only house up to 5 unrelated guests or a single family (of any number) at a time. In the case of both groups staying at the same time, the maximum number of guests allowed is 5. For example, if you are hosting a family of 4, you can only host one additional unrelated guest at the same time.
Salem recognizes a short-term rental as when you rent to overnight guests for periods of less than 30 days. Salem offers two types of short-term rental licenses:
The type of license required depends on a number of factors Whether the owner lives in the home
Licenses are valid for one calendar year, expiring on December 31, and must be renewed annually. If not renewed in time, a new license will have to be applied for.
Applicants are required to complete a safety certification when applying for a license, ensuring conformance with city safety regulations including the Housing Code. The city will conduct an inspection once a license has been issued.
Applicants must also identify a local representative to be available to respond timely in case of an issue arising when the short term rental or accessory short term rental is being rented.
Rentals not exceeding 29 days are regarded as short-term rentals in the city of Bend. All short term rental properties in Bend are regulated through the Short Term Rental Program. The entire registration process can be completed online through the Online Permit Center Portal.
Operators must apply for a Land Use Permit to operate a short-term rental. Once a land use permit has been obtained, you have 60 days to submit a completed Initial Operating License. Operating Licenses are only issued to the owners and must be renewed annually.
A fire safety self-inspection must be conducted and an acknowledgment of the checklist submitted as part of the application.
Short term rentals can host a maximum of 2 guests per bedroom rented out, plus two additional guests. One parking space is permitted per bedroom.
24/7 Emergency Contact information, including name and phone number, for your Airbnb, must be shared with neighboring properties annually. Notices can be mailed, hand-delivered, or a legible sign can be posted.
The state of Oregon charges an Oregon Transient Lodging Tax on all Airbnb reservations less than 30 nights long. This is 1.5% of the total fees inclusive of all non-optional charges such as cleaning fees, pet charges, extra bed charges, etc. (Optional charges such as pay-per-view are not included.) The tax revenue generated funds the Oregon Tourism Commission program.
However other units of government (counties and cities) may also impose a lodging/motel/occupancy tax of a different rate. For example, Salem imposes a Transient Occupancy Tax of 9% while Eugene requires a Transient Room Tax of 4.5%. Airbnb collects and remits to the appropriate body the lodging tax on behalf of hosts in most counties in Oregon. Find the complete list here.
Laws, taxes, and regulations governing Airbnbs in the different cities in Oregon are dependent on the specific laws within each city and the relevant county, on top of the state-imposed tax. City laws, in particular, can change often so it is always best to take full stock of current legislation affecting each location of your Airbnb. Being aware of all the rules governing your Airbnb will ensure you don’t lose your license/permit due to accidental violations of code while not falling foul of the tax authorities.