Short-term rental frequently asked questions

Property owners and long-term renters can apply for a license at their primary residence, meaning the place in which a person's habitation is fixed for the term of the license and is the person's usual place of return. Renters must certify and provide verification(PDF, 34KB) that they have the permission of their landlord to conduct short-term rentals. This document must be completed by the appropriate party and uploaded to the online application when submitting. Please read the "Do I qualify for a short-term rental license?" section before applying.

Applications for short-term rental licenses are submitted online. Visit the short-term rental license page to start the process. Applicants must certify and provide verification they meet the requirements.

Please see the Required Documents section for the new or renew application.

The Department may have additional review for any short-term rental application and additional items may be requested.

An application fee of $50 and an annual license fee of $100 will be assessed for individual short-term rental license applications. Short-term rental licenses are for one year and must be renewed on time to avoid fines. Short-term rental licenses can be renewed up to 60 days before expiration.

An application fee will be assessed for lodger's tax account. And the amount depends on when the short-term rental began operation and when the tax account starts. Tax accounts must be renewed every odd year.

A short-term rental application may require an in-person inspection if there is a question about the status of the dwelling unit(s) on a property where a short-term rental application has been submitted. Refusal to allow inspection will result in denial of the application.

1. Click on "I've forgotten my password."
2. Enter your email address in the appropriate field and then hit the tab key.
3. The security question will then appear. (The security question will not appear until you have "tabbed" out of the email section above.)
4. Answer the security question.
5. Click "Send New Password."
6. The new password will be emailed to you. Follow the instructions to set your new password.

Is this my primary residence?

Primary residence is defined as the place in which a person's habitation is fixed for the term of the license and is the person's usual place of return. A person can have only one primary residence. Please note the common use of the term "usual" meaning "more often than not." The City and County of Denver has a specific definition of primary residence and claiming primary residence with state or other governmental entities does not in itself meet the city definition. For example, claiming primary residence at a location for tax purposes would not necessarily make it a person's primary residence for purposes of obtaining a short-term rental license. Per the Denver Revised Municipal Code, the Department may consider the following criteria in determining an applicant's primary residence:

1. Whether the applicant has or claims any other location for domestic, legal, billing, voting, or licensing purposes.
2. Whether and how the applicant returns to the short-term rental or residents at any other location within a calendar year.
3. Whether the address listed on an applicant's legal documents or tax assessment records is different than the address of the short-term rental.
4. Whether an applicant's business pursuits, employment, income sources, residence for income or other tax purposes, leaseholds, situs of personal and real property, and motor vehicle registration indicate that the short-term rental is the applicant's primary residence.
5. Whether the amount of time that the short-term rental has been, or will be, rented within the calendar year indicates the short-term rental is or is not the applicant's primary residence.
6. Whether the applicant is actively deployed in the United States military.
7. Whether any other relevant information discovered by the director or submitted by the applicant indicates that the short-term rental is not the applicant's primary residence.

The list of scenarios below may also help determine if a STR location (always a single residential dwelling unit) would qualify as a primary residence. This is not an exhaustive list and should not be construed as legal advice.

I have no primary residence

It is possible for a person to have no primary residence if their lifestyle is more nomadic in nature. If a person's habitation is not fixed at the STR location, as required, then it would not be considered their primary residence.

My spouse and family live somewhere else

Where your spouse and family lives is a factor that may be considered by the Director in determining your primary residence. While it is possible for a person to live separately from their spouse, the Department would generally consider it more likely that they live together. It is the applicant's burden to prove their primary residence is separate from that of their spouse and family.

I stay here when I'm in Denver

Primary residence does not include any qualifier such as "when I'm in Denver" or "when the home is not rented." A person's primary residence is the place where their habitation is fixed for the term of the license and their usual place of return. If a person does not usually return to the STR location, then it likely would not qualify as their primary residence.

Primary residence is a person's "usual place of return." If a person is not usually returning to the STR location to live, then it likely would not qualify as their primary residence. Returning to a home for purpose of cleaning or "turn over" between STR stays would not qualify as returning for this purpose.

I receive benefits related to my primary residence somewhere else

A person may only have one primary residence. If a person is receiving a benefit, such as a short-term rental license in another city that has a primary residence requirement, then the STR location likely would not qualify as their primary residence.

I did not usually return, but only ever stayed in other hotels and not another home

It is possible for a person to have no primary residence if their lifestyle is more nomadic in nature. If a person's habitation is not fixed at the STR location, as required, then it likely would not be considered their primary residence.

I stay somewhere else, but I do not own it or have a lease

If a home is where a person's habitation is fixed for the term of the license and their usual place of return, then that would be considered their primary residence, regardless of formal possession.

I only stay with my significant other when the home is rented

If the STR location is usually booked and the applicant is not usually returning there, then it likely would not qualify as their primary residence. If the STR location is only booked some of the time and the applicant usually returns there, it would likely qualify as their primary residence.

I have to stay somewhere else for work

The location of a person's business pursuits, employment, income sources, and residence for income are all factors that may be considered by the Department in determining their primary residence. If a person is relocated away from the STR location for work or school, then the STR location would likely cease being the place where their habitation is fixed and would therefore no longer qualify as their primary residence. If a person travels for work, but still usually returns to the STR location, it would continue to qualify as their primary residence.

I work remotely and often live elsewhere

It is possible for a person to have no primary residence if their lifestyle is more nomadic in nature. If a person's habitation is not fixed at the STR location, as required, then it would not be considered their primary residence and the Department would deny their application. If a person's habitation is fixed at the STR location and it remains their place of usual return, then it would remain their primary residence.

I am deployed somewhere else

Whether the applicant is actively deployed in the United State military is a factor the Department may consider in determining their primary residence. If their habitation is otherwise fixed at the STR location and it is their usual place of return when they are not deployed, then it likely would qualify as their primary residence. However, simply changing permanent residence paperwork to a location without the other conditions being met would not make it their primary residence.

If the property is not your primary residence, it is not eligible to be licensed as a short-term rental. To rent such a property on a short-term basis, you need to get a lodging facility license. See the licensing page for more information and to check eligibility requirements. Lodging facilities are restricted to certain zone districts. A change of building occupancy classification could be required and will likely have construction impacts, including but not limited to requirements for a fire sprinkler system, a fire alarm/detection system, exit signage, and accessibility upgrades. See the Building code for change of occupancy guidelines.

A change in zoning use from residential to lodging could also be required. A zoning permit is required to change or establish a new zoning use. A change in use to lodging (whether it's one unit in a building changing use, or an entire building changing use) is allowed under the Denver Zoning Code as long as the property is in a zone district that allows lodging accommodations as a zoning use. Visit the Commercial Zoning site for more information on the permitting requirements for a change in zoning use, or to determine your property's zone district.

The Department of Excise and Licenses requires documentation of primary residency, meaning the place in which a person's habitation is fixed for the term of the license and is the person's usual place of return, upon application and renewal of a short-term rental license. The director also has the authority to request additional documentation that is pertinent to establishing primary residency. The Department may investigate further if there is further question about an applicant's primary residence. The Department may also require an inspection if there is a question about the status of the dwelling unit(s) on a property.

Short-term rentals are allowed as an accessory use wherever residential uses are allowed. That includes residential and mixed-use commercial districts. Homeowners associations (HOAs) can prohibit short-term rentals through their private covenants and rules.

Each unit in a duplex is a separate primary dwelling unit, so the primary resident of each can get a license to conduct a short-term rental. A person who resides in one duplex unit cannot get a license to conduct a short-term rental in the adjacent unit because that unit is not their primary residence. See the Do I qualify for a short-term rental license? section for more information.

• An accessory-dwelling unit can be used as a short-term rental by a property owner or long-term renter who is living in the primary structure on the property. An owner or renter living in an accessory-dwelling unit cannot conduct a short-term rental in the primary structure.
• For more information about accessory-dwelling units and short-term rentals, refer to the following resources:
  • The Denver Zoning Code Interpretation published by the zoning administrator regarding short-term rental accessory use.
  • Watch a video of the presentation given by Community Planning and Development at the Aug. 11, 2020, Short-Term Rental Advisory Committee meeting.
  • View the slide deck(PDF, 384KB) presented by Community Planning and Development at the Aug. 11, 2020, Short-Term Rental Advisory Committee meeting.
  • Watch a video of a special question-and-answer session with Community Planning and Development on Sept. 15, 2020.
  • Read additional questions and answers about accessory-dwelling units and short-term rentals(PDF, 175KB).

A short-term rental can include a single bedroom, entire home, or multiple bedrooms. Short-term rental hosts cannot rent simultaneously to more than one party under separate contracts. If multiple rooms are available, they must be rented together by the same party or be rented one at a time with no overlap between rentals(PDF, 175KB).

A short-term rental license can be revoked or sanctioned, and an application for a new or renewed license can be denied, if a short-term rental dwelling unit is found to be adversely affecting the public health, safety, or welfare of the immediate neighborhood. Licenses can also be denied or revoked if a short-term rental property is found not to be the applicant's or licensee's primary residence.

No. License holders can conduct short-term rentals while they are on vacation and/or the property is otherwise unoccupied. Hosts are required to leave a brochure that includes contact information and instructions on city services. The name and contact information of a general manager/local responsible party must also be provided as part of the license application. This person must be available to address issues when the licensee is out of town. Please note that the definition of primary residence includes "place of usual return" so if a license holder is not usually able to return to the dwelling because it is rented, it would cease to be their primary residence.

Excise and Licenses tracks and monitors various short-term rental platforms for licensed and unlicensed short-term rental being advertised. No personal licensee information will be included in the license number. It is unlawful to post an advertisement for a short-term rental without displaying a business file number.

If you use Airbnb, the business file number should be listed in the "Registration/License Number" field so it is not blocked by the website.

Short-term rental licensees must pay lodger's tax (10.75%), occupational privilege tax ($48 a year), and any other applicable taxes or fees. The tax license application is available on the city's business taxes webpage.

The city tracks and monitors complaints about licensed and unlicensed short-term rental units. Excise and Licenses responds to complaints. It also conducts proactive enforcement measures through department inspectors. The director has summary authority to levy penalties, fines, suspension, or show-cause hearings that could lead to revocation of a license for violating any provision of the short-term rental rules and regulations. Or for violating any local or state law. Or if the property is found to be adversely affecting the public health, safety, or welfare of the immediate neighborhood. Fines can be up to $999 per incident.

Hosts can set the maximum number of guests. According to the Denver Zoning Code, short-term rentals are accessory to primary residential use. That is the overall character of the property should remain residential. The Denver Zoning Code also states that short-term rentals do not include rental of a dwelling unit for commercial events. This includes parties or weddings. Only one rental contract can be allowed at a time in any short-term rental. Multiple rental contracts to separate parties in a short-term rental are not allowed.

Visit www.DenverGov.org/STR to review licensing requirements, apply for a license, report issues related to short-term rentals, and send comments or questions to city staff.

• Short-term rentals are widely operating as a popular home-sharing practice for Denver residents.
• Provide a regulatory environment that allows the popular practice to continue while focusing responsibility and accountability among operators and limiting the impact on neighborhoods and the availability of housing for residents.

A license is required if you are advertising a short-term rental, meaning it is possible to make a reservation for under 29 nights. Rentals advertised with minimum stay of 29 nights do not require a license, but that minimum must be reflected in the booking calendar, not just the text.