Most short-term rental rules in the United States are local. A city or county decides whether you need a permit, how many nights you can rent, and which zones allow it. But in some states there is a second layer: a licence or registration from the state itself, required before the first guest arrives, no matter what the city says.
We checked each state's own statutes, regulations and agency guidance in November 2026. Of the 23 states we have finished, 7 require a state licence or registration for a typical whole-home short-term rental and 16 do not. The other 27 states are still being checked, and we have left them out of the count rather than guess.
What counts as a state licence
For this list, a state licence means a permit, licence or registration issued by a state agency that a host must hold before operating a short-term rental. Most of these come from a health or business regulation department.
Tax registration on its own does not count. Almost every state requires hosts to register for sales, lodging or occupancy tax. That is a tax account, and it applies the same way to many other businesses. A state only goes in the "yes" column when it has a rule aimed at the rental itself.
We also looked at the typical case: one house, condo or cabin rented as a whole to guests for less than 30 days. Several "no" states do license larger operations, such as buildings with three or more units or homes with more than five guest rooms. Those limits are noted below.
The 7 states that require a state licence
Florida. The Department of Business and Professional Regulation (DBPR), Division of Hotels and Restaurants, issues a vacation rental licence. It applies when a unit is rented more than three times a year for stays under 30 days, or is advertised as regularly rented that way (F.S. 509.013, as amended in 2025; F.S. 509.241 and 509.242). Licences renew every year.
Massachusetts. No one may operate a short-term rental without a certificate of registration from the Department of Revenue (M.G.L. c. 64G, sec. 6). The certificate comes from the revenue department, which makes this the closest call on the list. We count it because the law makes it a condition of operating any short-term rental, and towns may accept it in place of a local licence (sec. 14).
Minnesota. The Department of Health licenses vacation home rentals as a "hotel or motel", for one or more units and stays of one night or more (Minn. Stat. 157.15 and 157.16). In some areas a city or county agency issues the licence on the department's behalf. The listed fee is $300 a year plus $15 per unit, a $50 hospitality fee and a $5 technology fee.
Montana. A home rented in full and not occupied by an owner or manager is a "tourist home". It needs an annual public accommodation licence from the Department of Public Health and Human Services, validated by the local health officer or sanitarian first (MCA 50-51-102 and 50-51-201).
Rhode Island. Each short-term rental listed on a hosting platform must be registered with the Department of Business Regulation before it is listed, and renewed each year (R.I. Gen. Laws 42-63.1-14). The registration number and expiry date go on the listing. Fines for listing without one run $250, $500 and $1,000 as the delay grows.
South Dakota. A whole home rented by the day or week for more than 14 days a year, with no owner or manager present, is a "vacation home establishment". It needs a Department of Health licence before it opens (SDCL 34-18). The annual fee is $45. Operating without one is a Class 2 misdemeanour.
Wisconsin. A house or condo rented in full to tourists needs a tourist rooming house licence from the Department of Agriculture, Trade and Consumer Protection (DATCP) or from a local health department acting as its agent (ATCP 72). DATCP lists $296 a year plus a one-time $592 pre-inspection fee. Agent health departments set their own fees.
The 16 states with no state licence
In these states the state side is tax registration only. Permits, if any, come from the city or county.
Arizona, Colorado, Connecticut, Hawaii, Kentucky, Maine, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Tennessee, Texas, Vermont, Virginia and Washington.
Some of these states do license bigger operations. Kentucky, New Jersey, Ohio, North Dakota and Washington license lodging above a set size (three or more units, more than five guest rooms, or similar). Maine licenses properties with four or more units under common management. Virginia licenses rentals that also serve food. Hawaii requires a Transient Accommodations Tax registration whose number must appear in every ad, but it is a tax account issued by the Department of Taxation, so it stays in the "no" column. North Carolina goes further than most: state law limits cities and counties from requiring a rental permit at all, though a zoning compliance permit is still allowed.
State-by-state table
| State | State licence | Agency or law named in the source | State page |
|---|---|---|---|
| Arizona | No | A.R.S. 9-500.39; TPT tax licence only | Arizona |
| Colorado | No | Dept. of Revenue sales tax licence only; HB20-1093, HB23-1287 | Colorado |
| Connecticut | No | C.G.S. 7-148qq (local licensing) | Connecticut |
| Florida | Yes | DBPR, Division of Hotels and Restaurants; F.S. 509.241, 509.242 | Florida |
| Hawaii | No | HRS 237D-4 (tax registration); Act 17 (2024) | Hawaii |
| Kentucky | No | 902 KAR 7:010; KRS 219.021 (3+ units only) | Kentucky |
| Maine | No | 22 M.R.S. 2491, 2492 (vacation rentals excluded) | Maine |
| Massachusetts | Yes | Dept. of Revenue certificate; M.G.L. c. 64G sec. 6 | Massachusetts |
| Minnesota | Yes | Dept. of Health; Minn. Stat. 157.15, 157.16 | Minnesota |
| Montana | Yes | DPHHS; MCA 50-51-102, 50-51-201 | Montana |
| New Jersey | No | N.J.S.A. 55:13A-3 (10+ units or 3+ unit buildings only) | New Jersey |
| North Carolina | No | G.S. 160D-1207; G.S. 42A-3 | North Carolina |
| North Dakota | No | N.D.C.C. 23-09-01 (6+ guest rooms only) | North Dakota |
| Ohio | No | R.C. 3731.01 (more than 5 sleeping rooms only) | Ohio |
| Oklahoma | No | OAC 310:285 (whole-home rentals excluded) | Oklahoma |
| Rhode Island | Yes | Dept. of Business Regulation; R.I. Gen. Laws 42-63.1-14 | Rhode Island |
| South Dakota | Yes | Dept. of Health; SDCL 34-18 | South Dakota |
| Tennessee | No | Pub. Ch. 972 (2018), T.C.A. 68-14-302 | Tennessee |
| Texas | No | Tex. Tax Code ch. 156 (hotel occupancy tax only) | Texas |
| Vermont | No | 18 V.S.A. 4301 (STRs excluded from lodging licence) | Vermont |
| Virginia | No | Va. Code 35.1-18; 12VAC5-431-10 (food service only) | Virginia |
| Washington | No | RCW 64.37; RCW 70.62.260 (3+ units only) | Washington |
| Wisconsin | Yes | DATCP tourist rooming house licence; ATCP 72 | Wisconsin |
Still being checked
These 27 states are not in the count yet: Alabama, Alaska, Arkansas, California, Delaware, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Michigan, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, Oregon, Pennsylvania, South Carolina, Utah, West Virginia and Wyoming. Washington, DC is also pending. We will update this post as each one is finished.
What this means for hosts
- In a "yes" state, you need two approvals. The state licence comes first or alongside the local permit. A city permit alone does not cover you in Florida, Minnesota or Wisconsin, and a state licence alone does not cover you where the city has its own rules.
- In a "no" state, the city or county sets the rules. No state licence does not mean no rules. Nashville, Austin, Denver and Phoenix all run their own permit systems.
- Size matters in several "no" states. If you manage a building with three or more units, or a large home with six or more guest rooms, check the state lodging licence thresholds noted above.
- Tax registration is still required almost everywhere. It is separate from licensing and applies in every state on this list.
- Show your number where the state asks for it. Rhode Island requires the state registration number and expiry date on every listing, and platforms face a $250 a day fine for each listing without one.
How we checked
Each answer was checked against the state's official sources in November 2026: the statute, the agency regulation, or the agency's own licensing guidance. Each state page on LawfulStay lists those sources. This is a summary of state-level rules only. It is not legal advice, and local rules still apply.
Check the Rules on LawfulStay
LawfulStay tracks short-term rental rules place by place. Each place page shows where each rule comes from and when it was last checked. Places we have not verified yet are labelled that way.
Find your city or state in the LawfulStay regulations directory.
Source: LawfulStay (lawfulstay.com), state licensing data as of November 3, 2026.