Free Short-Term Rental Airbnb Agreement Template

Airbnb’s booking terms cover the platform, not you. A short-term rental agreement is the document that sets your house rules, your damage policy, and your right to remove a problem guest, and it is the difference between a smooth stay and a guest who will not leave. This page gives you a copy-and-paste agreement plus the two things most host guides skip: When a guest can quietly turn into a tenant, and the permit and tax rules that decide whether you can legally rent at all.

The short version (2026):

• A short stay is a license, not a lease. A transient guest is not a tenant, which is what lets you remove them without a full eviction.
• Watch the 30-day line. In many states a stay of about 30 consecutive days can turn a guest into a tenant with eviction rights.
• Check local rules first. Many cities require a short-term rental permit or registration, cap the nights, or ban it outright.
• Occupancy tax is on you. Airbnb collects it in some places but not all; the host is responsible.
• Your own agreement adds house rules, a damage deposit, and guest liability that the platform’s terms do not.

A License, Not a Lease: The Guest-vs-Tenant Line

This is the distinction that catches hosts off guard. A short-term stay is a license to occupy, the same legal idea as a hotel room: The guest gets temporary permission to be there, not the exclusive possession a lease gives a tenant. That is what lets you have a disruptive guest removed as a trespasser instead of running a full court eviction.

The line moves with the length of the stay. In many states, including California, Illinois, and New York, a stay of about 30 consecutive days can create a residential tenancy, and once a guest is a tenant, landlord-tenant law applies: You cannot ask them to leave informally, you have to evict them. Booking in 29-day blocks with a one-day gap to dodge that line is a known trick, and courts in some states have treated it as an evasion of tenant protections, so it is not a safe workaround. If you rent for stays approaching a month, write the agreement carefully and know your state’s threshold. For anything genuinely long-term, use a real residential lease, or a month-to-month agreement for an in-between stay, instead.

Permits, Registration, and Occupancy Tax

Before the agreement matters, the local rules decide whether you can host at all. Many cities now require a short-term rental permit or registration, and some cap how many nights you can rent or ban non-owner-occupied rentals entirely. San Diego, for example, requires a license for stays under a month; Florida requires a state license for rentals under 30 days; and cities like Houston are rolling out registration requirements. Expect to need a business license plus an STR permit or registration number, to display that number on your listing, and to keep a local contact on file.

Then there is tax. Short stays are usually subject to a local occupancy, lodging, or transient tax, the same kind a hotel charges. Airbnb and Vrbo collect and remit it automatically in many jurisdictions, but not all, and direct bookings are on you. The IRS rules for renting a home also treat the income differently depending on how many days you rent versus use it yourself. Confirm your city’s permit rule and who remits the occupancy tax before your first guest, because a missing permit can bring fines that dwarf a booking. The state compliance table covers the wider landlord-tenant rules.

Copy-and-Paste Short-Term Rental Agreement

Here is a fill-in-the-blank short-term rental agreement you can have a guest sign in addition to the platform booking. Copy it, replace the brackets, and keep the signed copy.

What the Agreement Covers

Each clause is there for a reason. Parties and property name the host, the named guest, and the exact unit, and state plainly that this is a license, not a tenancy. Payment breaks out the nightly rate, cleaning fee, occupancy tax, and a refundable damage deposit, so nothing is a surprise. House rules and occupancy limits are what you enforce against parties and extra guests. Damage and liability put responsibility for harm on the guest and flag high-risk amenities like a pool or hot tub. Cancellation either sets your own terms or points to the platform’s policy. And the removal clause records that an overstaying transient guest can be removed as a trespasser, which is only true while the stay stays short.

Damage, Deposits, and Insurance

A damage deposit in your agreement is separate from a platform’s damage program. If you take a deposit, say how much, what it covers (damage beyond normal wear, extra cleaning, missing items), and when it is returned, and document the property’s condition with dated photos before and after each stay, exactly as you would for a deposit return. On insurance, a standard homeowner’s policy usually does not cover commercial short-term renting; hosts typically need a short-term rental endorsement or a dedicated STR policy, and platform host guarantees are a backstop, not full coverage. Require guests to treat amenities as use-at-your-own-risk and consider requiring proof of travel or renter’s insurance for higher-value stays.

Cancellation and the Platform’s Role

When you book through Airbnb or Vrbo, the platform’s cancellation policy and payment processing already apply, and your own agreement should either match it or fill the gaps it leaves. The platform handles the money and its own guarantee, but it does not set your house rules, your damage deposit, or your local-permit compliance, which is why a separate signed agreement is worth the extra step. For a direct booking with no platform in the middle, your agreement is the only thing standing between you and a dispute, so be explicit about payment, refunds, and what happens if the guest does not leave.

Common Short-Term Rental Mistakes

• Ignoring the 30-day line. A long stay can create a tenancy and turn a checkout into an eviction.
• Skipping the local permit. Many cities require registration and fine unpermitted hosts heavily.
• Assuming the platform remits your tax. It does in some places, not others, and never for direct bookings.
• Renting without host insurance. A homeowner’s policy usually excludes commercial short-term rental.
• Hosting as a tenant without permission. If you rent your home, listing it is usually a sublet that needs your landlord’s written consent.
• No signed agreement. The platform’s terms are not your house rules or your damage policy.

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Frequently Asked Questions

Is an Airbnb guest a tenant?

Usually not. A short stay is a license to occupy, like a hotel room, so the guest is not a tenant and can be removed without a full eviction. That changes if the stay runs long enough to create a tenancy, which in many states is around 30 consecutive days.

Do I need a separate agreement if I use Airbnb?

It is strongly recommended. The platform’s booking terms cover the transaction and its own guarantee, but they do not set your house rules, damage deposit, occupancy limits, or removal rights. A short signed agreement fills those gaps and is essential for any direct booking.

When does a short-term guest become a tenant?

Length of stay is the main factor. Around 30 consecutive days can create a tenancy in states like California, Illinois, and New York, after which you must use the eviction process to remove them. Using the property as a mailing address and other signs of residence can also matter.

Do I need a permit to run a short-term rental?

Often, yes. Many cities require a short-term rental permit or registration, may cap the number of nights, and sometimes ban non-owner-occupied rentals. Florida requires a state license for stays under 30 days. Check your city and county before you list.

Who pays the occupancy tax?

The host is responsible for the local occupancy, lodging, or transient tax. Airbnb and Vrbo collect and remit it automatically in many places, but not everywhere, and never for direct bookings, so confirm your jurisdiction and keep records.

Can I run a short-term rental if I rent my home?

Only with your landlord’s permission. Listing a place you rent is usually a sublet, which most leases require the landlord to approve in writing. Doing it without consent can be grounds to end your own lease.

Elena Rodriguez

Elena Rodriguez writes about real estate and landlord-tenant law for ClearLegalTips. She focuses on making leases, security deposits, and rental rules understandable for tenants and small landlords handling them without a lawyer.