Tennessee · Memphis
Memphis
Short-term rentals are legal in Memphis but require a Short Term Rental permit. STRs are governed by the Memphis Short Term Rental Ordinance, originally enacted as Ordinance No. 5631 (passed 2016 — 1st reading 9-20-2016, 3rd reading 10-18-2016; effective March 1, 2017), codified in the Memphis Code of Ordinances at Chapter 5-44 (originally added as Article VII, Chapter 36, Section 36-130). CORRECTION: the draft's attribution to "Ordinance No. 5856, adopted March 21, 2023" could NOT be verified and is contradicted by the primary source and every located secondary source — the underlying/codified ordinance is No. 5631 (eff. 3-1-2017). The permit/registration regime (application, fees, $1M insurance, responsible-party-within-50-miles, advertising permit-number, life-safety compliance form, 365-day term) is NOT contained in Ordinance 5631; it derives from a later 2023 amendment to Chapter 5-44 — the City of Memphis reported STR permit applications began July 1, 2023 — but the specific amending ordinance number and date remain unconfirmed because the codified Municode Chapter 5-44 could not be retrieved (HTTP 403). Ordinance 5631 defines "Short Term Rental Property" as a structure or part of a structure used as a home, residence, dwelling, or habitable room complying with Ordinance No. 4232 (minimum conditions of property), excluding units rented to the same occupant for more than thirty continuous days and excluding bed-and-breakfast establishments, boarding houses, hotels, and motels; note the "not more than three (3) sleeping rooms" limit in the draft is NOT in Ordinance 5631 and secondary sources conflict (3 vs 4 rooms) — needs_review. VERIFIED taxes (Ordinance 5631 §4): Memphis levies a privilege (occupancy) tax of three and one-half percent (3.5%) of the consideration charged (pursuant to Ordinance 5619), plus an assessment of two dollars ($2.00) per paid occupied room night dedicated to destination marketing (pursuant to Ordinance 5595). Tennessee state sales tax (7%) plus the local option sales tax also apply (the Memphis combined local option is 2.75%, of which Shelby County levies 2.25%, for a ~9.75% combined sales tax). A hosting platform under a voluntary collection agreement with the city is solely liable for collecting/remitting the occupancy and sales taxes; otherwise the owner is liable. STRs are regulated under the STR ordinance rather than the rooming-house provisions of the Memphis and Shelby County Unified Development Code §2.5.2, with no primary-residence requirement, no annual night cap, and no per-bedroom occupancy formula in Ordinance 5631. Reported 2023-amendment / secondary-sourced permit details (needs_review, not primary-verified): $300 non-refundable application fee, $150 annual renewal, 365-day permit term, $1,000,000 liability insurance, responsible party within 50 miles, permit number displayed in all advertising, permits issued by the City of Memphis Division of Public Works, and grandfathering of pre-July-1-2023 STRs (per T.C.A. §13-7-603) until the property is sold, transferred, discontinued as an STR for 30 continuous months, or cited for 3+ violations. This Memphis city regime is separate from the Shelby County (unincorporated) STR ordinance.
Not legal advice. Last verified 2026-07-15 · sources linked below.
Requirements checklist
-
city Short Term Rental Permit Required
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city Liability insurance ($1,000,000) Required
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city Display permit number in all advertising Required
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city Responsible party / 24-7 contact Required
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city Life-safety compliance (smoke/CO alarms) + compliance verification form Required
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state Tennessee sales and use tax registration (TNTAP) Required
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city Collect/remit Memphis STR occupancy and sales taxes Conditional
Taxes
| Tax | Rate | Administered by | Airbnb remits | Vrbo remits |
|---|---|---|---|---|
| City short-term rental privilege (occupancy) tax | — | — | — | — |
| City destination-marketing assessment | — | — | — | — |
| Tennessee state sales tax | — | — | — | — |
| Local option sales tax (Memphis/Shelby County) | — | — | — | — |
Operating rules
- Primary residence
- No
- Min stay (nights)
- 1
- Max nights / year
- —
- Max occupancy
- —
- Zoning-restricted
- No
- Cap on licenses
- —
Zoning: VERIFIED (Ordinance No. 5631, Sections 2-3): STRs are regulated solely by the Short Term Rental Ordinance and not by the rooming-house provisions of the Memphis and Shelby County Unified Development Code §2.5.2 — 'all Short Term Rental Properties shall be subject to the regulations of this ordinance and not those outlined for rooming houses in Section 2.5.2 of the Memphis and Shelby County Unified Development Code.' A 'Short Term Rental Property' is 'a structure or the part of a structure that is used as a home, residence, dwelling, or habitable room and complies with Ordinance No. 4232 governing the minimum conditions of property,' excluding units rented to the same occupant for more than thirty continuous days and excluding bed-and-breakfast establishments, boarding houses, hotels, and motels. Ordinance 5631 imposes no zoning-district restriction, no primary-residence requirement, and no per-bedroom occupant formula. NEEDS_REVIEW: the '≤3 sleeping rooms' cap asserted in the draft is NOT in Ordinance 5631 and secondary sources conflict (3 vs 4 sleeping rooms) — it may originate in the 2023 amendment / current Chapter 5-44 codification, which could not be retrieved (Municode HTTP 403).
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Frequently asked questions
Is Airbnb legal in Memphis?
Do I need a license or registration for a short-term rental in Memphis?
What taxes apply to short-term rentals in Memphis?
Official sources
- reference Ordinance No. 5631 — Short Term Rental Ordinance (City of Memphis, adopted 2016, effective March 1, 2017) ↗
- reference Memphis Code of Ordinances, Chapter 5-44 — Short Term Rental Ordinance (Municode) ↗
- reference U.S. Census Bureau geocoder (FIPS confirmation) ↗
- reference City of Memphis — 'Short Term Rental Applications begin July 1, 2023' (official Nextdoor agency post) ↗
- reference Avalara MyLodgeTax — 'New law requires Memphis STR hosts to have permits' (Aug 2023) ↗
- reference StayWithLPS — Memphis STR Permit Guide 2026 (Ordinance 5631) ↗
- reference Tennessee Dept. of Revenue — Taxation of Short-Term Rental Units ↗
- reference SalesTaxHandbook — Shelby County, TN sales tax ↗
Informational summary of publicly available sources; not legal advice. Verify against the linked official sources.