Real Estate Law

New Short-Term Rental Law Effective

If you intend to rent your own home this summertime, be prepared for trade inside the State Law powerful July 1, 2019. On December 28, 2018, Governor Baker signed An Act Regulating and Insuring Short-Term Rentals, which sets forth a complete framework for the regulation of quick-term leases. The new law has numerous new necessities, including registration, the charge of each State and nearby taxes, payment of fees, and insurance.

A brief-term rental includes an apartment, residence, cottage, and condominium rental where at least one room or unit is rented out by an operator thru the use of superior reservations. The Act consists of the law of online condominium groups such as Airbnb, FlipKey, and VRBO. Hotels, resorts, lodging houses and bed, and breakfast institutions aren’t considered quick-term rentals.


All brief-time period rental operators may be required to register with the Massachusetts Department of Revenue (“DOR”). Operators may also select to permit an intermediary, or different agent, to handle the condo in their assets, which can register and put up returns and taxes because of DOR on their behalf. The State will keep a quick-time period rental registry that will be on hand to the general public.

The new law imposes State and local excise taxes on quick-time period rentals, which are rented for greater than 14 days in a calendar yr starting on July 1, 2019. This taxation will practice to any condominium contract entered into, on or after, January 1, 2019. Short-time period rentals may be required to pay the five.7% State excise tax fee to the DOR, and groups can add up to six local taxes.Zero%, and 6.Five% in Boston.

There are also new insurance necessities under the Act. Operators of short-term leases must keep liability coverage of now not much less than $1,000,000 to cowl every short-term rental unless such short-term apartment is obtainable through a hosting platform that maintains such insurance. Finally, neighborhood municipalities may additionally charge a further network effect fee of up to 3% on positive brief-time period leases. There are some different fees authorized by using certain municipalities, and these fees, not like the taxes, are paid without delay to the municipality. The law additionally lets in for local law and fines for violations of neighborhood legal guidelines. If you have any questions concerning neighborhood fees or policies, it is strongly recommended that you talk with your nearby municipality.

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