Short-term rental (Airbnb) rules in Salem, Massachusetts
Only if it's your primary residence (or a unit on the same property where you live). You must register annually with Inspectional Services ($50) and get a certificate of fitness; new non-owner-occupied Airbnbs are not allowed, and short-term rentals are banned in any home with an ADU and in buildings with more than two units.
| What counts as a short-term rental | Stays of fewer than 30 consecutive days for a fee [1] |
| Owner-occupancy | Required: unit must be your primary residence or on the same property as it [2] |
| Non-owner-occupied units | Only pre-2018 operators with a ZBA special permit; no new ones [3] |
| Registration | Annual registration plus certificate of fitness for every new owner/operator [4] |
| Registration fee | $50 per year [5] |
| Buildings with 3+ units | Ineligible since April 12, 2024 (more than two units in one building) [6] |
| Homes with an ADU | STRs prohibited in both the ADU and main house [7] |
| Local emergency contact | Must be able to respond in person within 2 hours [8] |
Who can rent short-term
Salem's Chapter 15 covers any rental of a residential unit for fewer than 30 consecutive days for a fee [1]. A unit is not eligible if the operator or owner doesn't live in the unit, the building or on the property, and it isn't the operator's primary residence [2]. Allowed types are a home share (your whole primary residence), a limited share (rooms in your home while you're present, max three bedrooms including yours) and an owner-adjacent unit (another unit on the property where you live); none has a cap on days per year. To prove primary residence you must have lived there six of the past 12 months.
Non-owner-occupied units are allowed only for operators who were already renting when the ordinance was filed in 2018 and who obtained a Zoning Board of Appeals special permit [3]. The zoning use table also limits non-owner-occupied STRs to special permits in certain districts (not RC or R1).
Ineligible properties
As of April 12, 2024, units in buildings with more than two units are ineligible [6]. Properties with an ADU are covered by two rules. Chapter 15 itself only makes affordable ADUs, and main houses that have one, ineligible [9]; it was written when Salem's ADUs were rent-restricted. The current zoning ADU section, amended in 2025, goes further and prohibits short-term rentals in both the ADU and the principal dwelling for any ADU [7]. Follow the stricter zoning rule. State law lets cities restrict short-term rentals of ADUs; whether the ban can also reach the main house is less clear, so confirm with the city. Units with outstanding code violations, unpaid taxes or liens, "problem property" designations, or three or more violations in six months are also ineligible.
Registration and operating rules
You must register under Sec. 2-705 and get a certificate of fitness before listing; every new owner or operator registers again [4]. The city charges a $50 annual registration fee [5]. You must name a contact who can respond in person within two hours, with a 24-hour phone [8]. Give each guest a community information card (police/fire numbers, parking rules, trash days, noise ordinance), file a copy of every listing with the city, show your registration on each listing, and follow zoning, building and sanitary code occupancy limits (the city notes no more than three unrelated people per unit). State and local room occupancy excise applies.
Enforcement
Violations can bring tickets and fines; three tickets in six months make the unit ineligible for six months, and booking platforms may be asked to remove ineligible listings.
See how Salem compares with 8+ other Massachusetts towns on short-term rentals (airbnb / vrbo) →
Next steps
- Confirm the unit is your primary residence (or on the same property) and that the building has no more than two units and no ADU.
- Register the unit with Salem Inspectional Services and schedule a certificate of fitness inspection; pay the $50 annual fee.
- Register with the Massachusetts Department of Revenue and collect/remit room occupancy excise (or confirm your platform does).
- Prepare a guest community information card and post fire extinguisher/exit locations inside the unit; file a copy of your listing with the city.
- Re-register every year, and again if the owner or operator changes.
Common questions
- Are short-term rentals allowed in Salem, MA?
- Only if it's your primary residence or a unit on the same property where you live. New non-owner-occupied Airbnbs aren't allowed; only pre-2018 operators with a Zoning Board of Appeals special permit may operate them.
- How do I register a short-term rental in Salem, Massachusetts?
- Register annually with Inspectional Services, pay the $50 annual fee and get a certificate of fitness before listing. Every new owner or operator must register again, and you need a local contact who can respond in person within 2 hours.
- Can I Airbnb a unit in a multifamily building in Salem, MA?
- Not in buildings with more than two units; those have been ineligible since April 12, 2024. Short-term rentals are also banned in both the ADU and main house on any property with an ADU.
- What counts as a short-term rental in Salem, Massachusetts?
- Any rental of a residential unit for fewer than 30 consecutive days for a fee. Allowed types are a home share, a limited share (max three bedrooms including yours) and an owner-adjacent unit, with no cap on days per year.
Massachusetts' short-term rental law
Since July 1, 2019, M.G.L. c. 64G has taxed and regulated short-term rentals: stays of 31 days or less in a home, apartment, condo or room booked in advance.
State requirements:
- Register with the Department of Revenue (DOR) on MassTaxConnect and get a Certificate of Registration for each property. Post it in the unit.
- 14-day exemption: if you rent a property 14 days or fewer in a calendar year, no tax is due. You still have to register and file DOR's declaration by January 15 each year. Go over 14 days and you owe tax on every day, including the first 14.
- State room occupancy excise: 5.7% of rent (including cleaning and booking fees).
- Local taxes on top, if your town has adopted them: a local excise of up to 6% (6.5% in Boston), and a community impact fee of up to 3%. The fee applies to "professionally managed" units (an operator with 2 or more units in a town, other than units in the owner's own 1 to 3 family home) and, by separate vote, to units in an owner-occupied 2 or 3 family house. Barnstable County towns add 2.75% for a regional water fund.
- Insurance: at least $1 million liability coverage per unit, unless the booking platform provides equal coverage (c. 175, §4F).
Towns may go further (c. 64G, §14). They can require local licenses and inspections, cap the number of days or units, limit where rentals are allowed, or ban them entirely.
What the bylaw says
- Sec. 15-2 Definitions, Short-term rental(s), Code of Ordinances Chapter 15 - Short-Term Residential Rentals, p. 1
The use of a residential unit for residential occupancy by a person or persons for a period of fewer than 30 consecutive calendar days for a fee.
- Sec. 15-4(a)(1) Ineligible residential units, Code of Ordinances Chapter 15 - Short-Term Residential Rentals, p. 1
Residential units where the operator or owner does not live in either the unit, the building, or within the property and it is not the operator's primary residence, unless it qualifies under the exception for existing non-owner occupied unit, provided in
- Sec. 15-6(4) Short-term rental of a non-owner occupied unit, Code of Ordinances Chapter 15 - Short-Term Residential Rentals, p. 1
An operator may use their non-owner occupied unit as a short-term rental only if the operator was engaged in the short-term rental of the property as of the date this ordinance was filed with the council and provided that the operator obtains a special permit from the zoning board of appeals.
- Sec. 15-6(1) Registration, Code of Ordinances Chapter 15 - Short-Term Residential Rentals, p. 1
Consistent with section 2-705 , every new owner and/or operator is required to complete a new registration form and obtain a new certificate of fitness prior to making the unit available as a short-term rental.
- Short-Term Rentals FAQ: How do I register, Short-Term Rentals in Salem (city guidance page), p. 1
There is a $50 annual registration fee.
- Sec. 15-4(a)(6), Code of Ordinances Chapter 15 - Short-Term Residential Rentals, p. 1
Effective April 12, 2024, more than two units in any one building.
- Zoning Sec. 3.2.8(4)(i), Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
Short term rentals, as defined in G.L. c. 64G, are prohibited in both the accessory and principal dwelling units.
- Sec. 15-6(7) Local contact, Code of Ordinances Chapter 15 - Short-Term Residential Rentals, p. 1
When registering, an operator must provide their name and contact information, and, in the event the operator is not present during the short-term rental, the name and contact information of an individual who is able to respond in person to any issues or emergencies that arise during the short-term rental within two hours of being notified.
- Sec. 15-4(a)(5), Code of Ordinances Chapter 15 - Short-Term Residential Rentals, p. 1
Affordable accessory dwelling units and principal dwelling units that have an affordable accessory dwelling unit established pursuant to the Salem Zoning Ordinance Section 3.2.8 Affordable Accessory Dwelling units.