Are there rental limits in Herndon?

Hosted rentals (owner present) have no night cap, but unhosted stays are limited to 90 nights total per year.

Are there rental limits in Herndon?

The 6-adult guest limit includes the host/permanent residents living in the home.

What should Herndon hosts know about short-term rentals are strictly prohibited?

Short-term rentals are strictly prohibited in Accessory Dwelling Units (basement apartments or separate cottages).

What are the key requirements for Herndon hosts?

Must register and file tax returns monthly with BOTH the Town and Fairfax County.

Herndon, VA Short-Term Rental Rules...

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Verified: Feb 9, 2026

Summary

Herndon requires a biennial short-term rental permit ($200), mandates the property be the host's primary residence for at least seven months per year, and limits unhosted rentals to 90 nights annually.

Restriction Level

🚫

Prohibited

Score: 96 (lenient)

Why this classification:

•Primary residence required
•Owner-occupied required
•Moderate night cap: 90 nights/year
•Standard permit fee: $200
•Limited to 1 property per owner
•Permit required
•Reporting required
•Tenants can host

In Plain English

To host a short-term rental in Herndon, the property must be your primary home where you live at least seven months out of the year. You must obtain a $200 permit that is valid for two years and register with both the Town and Fairfax County for tax collection. Unhosted rentals (where the owner is not present) are capped at 90 nights per year, and you cannot host more than six adults at a time, including yourself.

At a Glance

Permit Required

Yes

Night Limit

90/year

Primary Residence

Required

Total Tax Rate

0.2%

Permit Fee

$200

Processing Time

2-4 weeks

Max Fine

$2,500

4 Things Hosts Often Miss

Regulation Details

Eligibility(8)

•Herndon allows STRs in the following property types: Single Family, Condo, Townhouse.
•Herndon: Short-term rentals are strictly prohibited in Accessory Dwelling Units (basement apartments or separate cottages).
•Herndon requires that the property be the host's primary residence. Primary residence is defined as: Must be host's primary residence at least 7 months per year.

Requirements(11)

•Common mistakes and gotchas for STR hosts in Herndon: 1. Hosted rentals (owner present) have no night cap, but unhosted stays are limited to 90 nights total per year. 2. The 6-adult guest limit includes the host/permanent residents living in the home. 3. Short-term rentals are strictly prohibited in Accessory Dwelling Units (basement apartments or separate cottages). 4. Must register and file tax returns monthly with BOTH the Town and Fairfax County.

Application Process(8)

•Herndon STR permit - Step 5: Obtain Town Business License. Apply for a Business, Professional and Occupational License (BPOL) from the town. Required documents: Zoning permit approval. Time: 1 week.

Fees & Costs(1)

•Herndon charges a registration fee of $200 (biennial).

Taxes(4)

•Fairfax County charges a Fairfax County Transient Occupancy Tax of 0.05%. Platforms like Airbnb collect and remit this tax.
•Virginia has a state sales tax of 0.06% that applies to STR rentals.
•Herndon: Must register and file tax returns monthly with BOTH the Town and Fairfax County.

Limits & Restrictions(8)

•Herndon limits stays to a maximum of 29 nights.
•Herndon: Each person can only register ONE property for short-term rental. You cannot legally operate multiple STRs.
•Herndon: Hosted rentals (owner present) have no night cap, but unhosted stays are limited to 90 nights total per year.
•Herndon: The 6-adult guest limit includes the host/permanent residents living in the home.

Safety Requirements(1)

•Herndon requires the following safety measures for STRs: smoke detectors, CO detectors, fire extinguisher, fire inspection, posted maximum occupancy, posted emergency contact, Interconnected smoke detectors, Exit plans posted in each sleeping room, Minimum of 2 designated parking spaces for single-family residences, Minimum of 1 designated parking space for condo/townhouse.

Penalties(3)

•Herndon enforces the following penalties for STR violations: First offense: $500 fine. Second offense: Potential permit revocation. Maximum fine: 2500. Permit may be revoked for violations. Criminal penalties may apply.
•Herndon: Repeated violations can result in permanent permit revocation. You would lose the ability to operate any STR.

Exemptions(3)

•Herndon: Rentals of 30+ days are generally NOT considered short-term rentals and may be exempt from STR regulations (but may have other requirements).
•Herndon exempts the following from STR regulations: hosted rentals (where host is present), long-term rentals (30+ days), Hotels, Motels, Authorized Bed and Breakfasts.

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Disclaimer

Regulatory information is AI-researched for educational purposes. Details may be outdated or incomplete. Always verify requirements directly with your city/county planning department before operating a short-term rental.

Other Virginia Markets

Arlington

Virginia

Strict

Short-term rentals in Arlington, known as 'Accessory Homestays,' are permitted for primary residents who obtain an annual permit and business license.

Permit requiredPrimary residence

0.1% total tax

Harrisonburg

Virginia

Moderate

Harrisonburg requires a business license, zoning approval (sometimes requiring a Special Use Permit), and registration for the 7% transient occupancy tax.

Permit required

0.1% total tax

Cape Charles

Virginia

Moderate

Cape Charles requires all short-term rental operators to obtain both a town business license and a specific STR permit, subject to an annual $100 fee. The town enforces strict occupancy limits (2 per bedroom + 2) and requires a $1M liability insurance policy. Hosts must remit 4.7% in local Transient Occupancy Tax in addition to state sales taxes.

Permit required

0.1% total tax

Richmond

Virginia

Strict

The City of Richmond requires all short-term rental operators to reside in the property for at least 185 days a year and obtain a biennial permit. A 300 dollar fee is required every two years, and hosts must collect and remit an 8% Transient Lodging Tax.

Permit requiredPrimary residence

0.1% total tax

Herndon

Baseline Verification

Summary

Restriction Level

Why this classification:

In Plain English

At a Glance

4 Things Hosts Often Miss

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Regulation Details

Eligibility(8)

Requirements(11)

Application Process(8)

Fees & Costs(1)

Taxes(4)

Limits & Restrictions(8)

Safety Requirements(1)

Penalties(3)

Exemptions(3)

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Step-by-Step Application Guide

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Frequently Asked Questions

Related Content

Other Virginia Markets

Arlington

Harrisonburg

Cape Charles

Richmond

Herndon

Baseline Verification

Summary

Restriction Level

Why this classification:

In Plain English

At a Glance

4 Things Hosts Often Miss

Step-by-Step Application Guide

Upgrade to Pro

Frequently Asked Questions

1Do I need a permit for short-term rentals in Herndon?

2What is the TOT tax rate in Herndon?

3Are there rental night limits in Herndon?

4What are the penalties for non-compliance in Herndon?

Related Content

Other Virginia Markets

Arlington

Harrisonburg

Cape Charles

Richmond