By Timothy Wiseman
Many homeowners wish to make additional money by renting out their home or some portion of their home on a short-term basis. Some internet services help facilitate the process. Different jurisdictions have taken different approaches to regulating this activity. Unincorporated Clark County bans such short-term rentals in residential areas. Clark County Code § 30.44.010(b)(7)(C) states “Transient commercial use of residential development for remuneration is prohibited in all residential zoning districts, or in any miscellaneous zoning district of this Title, except as otherwise expressly permitted.” This deals with zoning and so applies only to Unincorporated Clark County. Incorporated cities have their own zoning laws.
This section does not apply to short-term rentals which may be located in an area zoned for commercial usage, such as areas where hotels are located. However, other restrictions may be imposed by the lease or restrictive covenants, such as CC&Rs, affecting commercial property. Many personally owned units within hotels for instance come with restrictions which either limit or forbid short term rentals. Additionally, short term rentals must be licensed and pay appropriate taxes. Clark County Code § 6.12.982.
And finally, as we always say, “If you think you might need an attorney, you probably do.” Contact us with questions as soon as you possibly can.
