FIVE THINGS TO KNOW ABOUT SHORT TERM RENTALS IN CLARK COUNTY
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1) Short term rentals of less than 30 days for private residences are prohibited in unincorporated Clark County.
2) Short term rentals of less than 30 days for private residences are permitted in the city of Henderson.
3) Short term rentals of less than 30 days for private residences are prohibited in the City of North Las Vegas.
4) Short term rentals of private residences are permitted in the City of Las Vegas.
5) All the cities that allow short term rentals require permits and annual fees to list a private residence as a short term rental.
There are a lot of different ordinances for cities, municipalities and counties regarding the use of a private residence for a short term rental. If you wish to become a lesser of a residential property for short term use more commonly referred to as an “Airbnb” (trade name) host, it is important that you know and understand the regulations that govern the location where your property sits. In Clark County, each city has its own regulations regarding short-term rentals. Most require specific licensing in order to use your property as a short term rental. In Clark County there are many different municipalities and I will talk about Las Vegas, the city of Henderson, and the city of North Las Vegas in this blog. There are also regulations in Laughlin and Mesquite which both allow very limited short term rentals. With Las Vegas and the surrounding cities in Clark County being large tourist destinations, the ordinances regarding short term rentals are not favorable to property owners. In fact, an overall reading of the ordinances clearly shows that they are discouraged by the cities. This is likely due to the fact that they do not want to them to compete with the primary industry of tourism in this county.
However, I believe that there is plenty of business to support the hotels and private property owners will support candidates in the future who feel the same. Unfortunately, at this time, this appears to be a minority view. When short term rentals are allowed there is generally significant amount of paperwork and costs associated with getting the permits to place your property on the market. A review of overall properties listed for short term use appears to reveal that there are more listed properties than permitted properties in the area. It appears that enforcement has been lax on the part of the cities and county. However, they are free to enforce their regulations at any time and the city of Las Vegas has hired an outside company to check properties listed on the internet and determine if they are properly permitted within the city. If you are found to have listed your property and not have obtained the proper permitting you could be subject to fines by the county or municipality in which your property is located. Below is an overview of the various regulations and requirements to list your private residence as a short term rental in the different municipalities in the area.
Short Term Rentals in Clark County
Clark County Code prohibits Short Term Rentals for less than 30 days. This is a strict rule. Clark County Code § 30.44.010 (b)(7)(C) prohibits short-term rentals of residential properties in the unincorporated area of Clark County. This prohibition is applicable to any lease of residential property for less than thirty (30) consecutive calendar days. In addition, Clark County Code § 6.12.982 requires a short-term or “transient lodging” as it is referred to for over thirty days to be separately licensed. The code requires an annual license fee of $300.00 and Clark County Code § 6.12.982 requires a short-term lodging tax, which must be paid for any short-term lodging operation.
In reviewing the Clark County website, city officials state that they are concerned that short term rentals disrupt the quality of life in residential neighborhoods because short term renters do not have any stake in the neighborhood. The county believes that short term rentals disrupt the “peaceful environment of residential neighborhoods“. They further state that short term rentals are illegal in unincorporated Clark County because they have not been regulated by the Clark County building and fire prevention department to ensure that the residential properties are in compliance with all codes Their website goes on to list a number of reasons why they do not approve of short term rentals in Clark County.
The specific code states as follows:
- “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.
- The provisions of this Section do not supersede private covenants, deed restrictions, declarations of restrictions and equitable servitudes which impose conditions more restrictive than those imposed by this Section, or which impose restrictions not covered or addressed by this Section.
- The right to maintain a legal nonconforming transient commercial use of residential development for remuneration (profit) shall terminate within 3 years from August 19, 1998, after the use became legally nonconforming, subject to the following provisions:
- Such a use shall not be classified as a legal nonconforming use, and shall thereafter conform to the regulations specified in this Section, if the use is maintained, or has been maintained, in violation of, or contrary to, private covenants, deed restrictions, declarations of restrictions, equitable servitudes, or the express terms of a deed of trust, loan or other purchase agreement or security instrument applicable to the residential developed property upon which the use is maintained.
- If any such legal nonconforming use ceases for any reason for a period of 30 days or more, any subsequent use shall no longer be classified as a legal nonconforming use and shall thereafter conform to the regulations specified in this Section.
- Nonconforming uses and structures established pursuant to this Section are subject to the regulations concerning nonconforming uses and structures set forth in Chapter 30.76 (Nonconformities) of this Title for the period specified in subsection (7) (c) (ii) above.
https://www.clarkcountynv.gov/comprehensive-planning/zoning/Documents/3044.pdf
City of Henderson Short Term Rentals
The city of Henderson adopted ordinances in July 2019 for the operation of short-term vacation rentals which they shorten as “STVR.” They stated that any property owner who intended to use or operate a private residence as a short term vacation rental within the city of Henderson must register that property with the city every year and comply with the city of Henderson‘s short term rental regulations. Such regulations include a registration fee of $820 a year to be paid every year that the property is in use as a short term rental property. The city went on to adopt regulations and ordinances starting at 3591 referred to as the short term vacation rental development code regulations. These regulations include enforcement regulations. Said regulations can be found at:
City of Las Vegas, NV Short Term Rentals
The city of Las Vegas does allow short-term rentals with a great deal of regulation. Like the city of Henderson you will need to obtain a short term rental license in order to use your property as a short term rental in the city of Las Vegas. As of December 5, 2018 the city of Las Vegas limited short term rentals to owner occupied properties and hosts who are already licensed or had a pending application at the time. In addition, the city of Las Vegas requires short term rental owners to follow a number of operational requirements regarding insurance, zoning, taxes, and safety. They are required to maintain proof of liability insurance at a minimum amount of $500,000. There are also restrictions that there must be 660 feet between short term rentals for all single-family homes. There are also regulations that commercial events like banquets, weddings and parties cannot be held in short term rentals in the city of Las Vegas. The taxes fees and regulations, again, make it cumbersome for property owners to use their properties as a short term rentals in the city of Las Vegas.
City of North Las Vegas, NV Short Term Rentals
Short term rentals are prohibited in the city of North Las Vegas.
If you have a question about leasing your private residence as a short term rental, feel free to contact TheOneLawyer.com. At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.
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