Frequently Asked Questions About Short-Term Rentals
This page contains questions City of Madison Zoning staff frequently gets about short-term rentals, known legally as Tourist Rooming Houses (TRHs).
If you have a question that isn't answered here, please contact Zoning staff by calling 608-266-4551 ext. 3 or sending an email to zoningtrh@cityofmadison.com with your question.
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What is a Tourist Rooming House (TRH)?
In Wisconsin law, a TRH is a rental of any partial or whole structure for sleeping purposes for less than 30 nights. Airbnb and VRBO are examples of websites that connect hosts and travelers. You must have a Zoning Tourist Rooming House Permit (ZTRHP1) before you advertise or rent a space.
What is the Zoning Tourist Rooming House Permit (ZTRHP1)?
The ZTRHP1 Permit allows the operation of a TRH for stays of one night or more. If the host is present when guests stay, there is no limit to the number of rental nights. If the host is not present, the TRH may operate for a maximum of 30 nights. The TRH must be the host’s primary residence.
What is the definition of a primary residence?
A primary residence is a dwelling unit that is an individual’s true, fixed, and permanent home for at least 183 days in a calendar year and to which, whenever absent from, that individual intends to return.
Additional features of a primary residence include, but are not limited to:
- Where someone receives mail
- Where someone claims residence for voting
- Where someone pays for utilities
- What someone lists as their address on state-issued ID cards.
An individual can have only one primary residence.
Can I operate a Tourist Rooming House in my apartment?
As long as you follow the rules, Zoning allows TRHs in all residential dwelling units in Madison.
Do I need any special approvals or permits to rent out my home as a TRH?
You will need a valid Zoning Tourist Rooming House Permit (ZTRHP). To apply for the ZTRHP permit, you will first need a Tourist Rooming House license from Public Health. You will also need a Transient Room Tax Permit from the City Treasurer's Office.
Where can I find the rules and regulations for a Tourist Rooming House?
Our Tourist Rooming House Regulations page lays out all of the requirements.
I already have a TRH license from Public Health. Do I need a permit from the City of Madison, too?
Yes, you still need a Zoning Tourist Rooming House Permit (ZTRHP1). You need the license from Public Health in order to apply for a Zoning Tourist Rooming House Permit (ZTRHP1).
What does the home visit during the application process involve?
This is a walk-through of the unit. We will verify application information, especially floor plans and bedroom counts. It is also an opportunity to go over the regulations and host expectations. Hosts will also get a chance to ask any questions they might have.
What fees do I need to pay to apply?
There is a one-time, non-refundable $300 ZTRHP1 application fee, plus the ZTRHP1 annual fee of $100. You will need a TRH license from Public Health before getting the ZTRHP1 permit.
What’s the difference between the TRH operator and the person listed as host in website posts and ads for the TRH?
They are the same. An operator is the owner or lessee of the TRH dwelling and the person who runs the TRH. The operator is the person identified in TRH postings and ads as the TRH host. The operator interacts with guests, both digitally and in person.
What does it mean to be "on site" during a rental?
Being on site means the operator remains at the TRH through the night. The operator must not reside elsewhere when guests have reserved the TRH.
Do I need my Homeowners' Association’s (HOA's) permission to operate a TRH?
The City of Madison is not responsible for enforcing any private homeowners’ association’s regulations, including whether operating a TRH is allowed. Owners should review private regulations for the property they or their tenants wish to use as a TRH. It is possible these regulations may restrict an owner from using the dwelling as a TRH.
Can I rent out several rooms separately to different reservation parties?
Only if the operator stays on site through the night of each rental night with multiple parties.
NOTE: Certain provisions allow this if the TRH only operates with night stays between seven and 29 consecutive nights. If the host will never advertise or accept reservations for less than seven consecutive nights, ask Zoning about this option.
Can I rent out my whole home and be gone during the rental time?
The limiting factor is whether the operator is on site during the overnights of guest stays. If not, the TRH may only operate a maximum of 30 nights per year when the operator is not on site. If the operator is on site during guest stays, there is no limit to the number of nights the TRH may operate.
NOTE: Certain provisions allow this if the TRH only operates with night stays between seven and 29 consecutive nights. If the host will never advertise or accept reservations for less than seven consecutive nights, ask Zoning about this option.
I own a two-flat apartment building and live in the first floor unit. Can I rent the upstairs apartment as a TRH?
No. The TRH must be the operator’s primary residence. An operator can only have one primary residence.
NOTE: Certain provisions allow this if the TRH only operates with night stays between seven and 29 consecutive nights. If the host will never advertise or accept reservations for less than seven consecutive nights, ask Zoning about this option.
Can my sister, who lives in an apartment above my TRH, be a cohost?
No. The TRH must be the primary residence of all hosts and cohosts listed in any ad postings. All hosts and cohosts must each submit a separate residence affidavit.
NOTE: Certain provisions allow this if the TRH only operates with night stays between seven and 29 consecutive nights. If the host will never advertise or accept reservations for less than seven consecutive nights, ask Zoning about this option.
Can I rent out my Accessory Dwelling Unit (ADU) as a TRH?
The TRH must be the operator’s primary residence. If the operator lives in the main house, they cannot rent out the ADU as a TRH. If the operator lives in the ADU, they can rent out the ADU as a TRH, but cannot rent out the main house as a TRH. An operator can only have one primary residence.
NOTE: Certain provisions allow this if the TRH only operates with night stays between seven and 29 consecutive nights. If the host will never advertise or accept reservations for less than seven consecutive nights, ask Zoning about this option.
Can I rent out the RV in my driveway, or the tent in my backyard, or my garage as a TRH?
No, this is not allowed. You may only rent out the habitable space within a home as a TRH.
My child is a college student who rents an apartment with a year-long lease. Can I rent out the apartment as a TRH during the summer?
No. You may only operate a TRH in the primary residence of a homeowner or a tenant if explicitly allowed in the lease.
NOTE: Certain provisions allow this if the TRH only operates with night stays between seven and 29 consecutive nights. If the host will never advertise or accept reservations for less than seven consecutive nights, ask Zoning about this option.
Is there a limit on how many guests I can host in my TRH?
Yes. The limit depends on how many legal bedrooms the unit contains. The maximum number of guests is twice the number of legal bedrooms, up to a maximum of twelve guests. Do not count children under the age of 12 towards the maximum number of guests.
What is the definition of a legal bedroom?
Any habitable space in a Dwelling Unit, other than a kitchen or living room, that can be used for sleeping. It must have a door that closes the room off from other common spaces. The space must be within the dwelling unit thermal envelope. It must be at least seventy (70) square feet in area, exclusive of closets and other appurtenant space. It must meet the standards for egress, light, and ventilation according to the UDC, Wis. Admin. Code chs. SPS 320-325, or the Uniform Multifamily Dwelling Code, Wis. Admin. Code ch. SPS 366. A den, library, study, office, dining room, or other extra room that meets this definition is a legal bedroom.
How do I keep the required registry? Do I ask guests to sign themselves into a registry book?
The registry is a paper or digital record available for on-site inspection. The registry must include all information from the current and prior registry year. The registry indicates:
- The true name of the individual making the TRH reservation
- Their contact information
- The dates of the stay
- Whether the operator was present or absent during the stay
What reports do I need to submit each quarter year?
All ZTRHP operators must create an online account. You must and upload your ZTRHP-QR Quarterly Report forms to your ZTRHP record in the portal. Reports must include all ad locations and registry information for the previous quarter, even if you had no hosted stays. QR templates are available at ZTRHP-QR.
How does my permit get renewed, and do I need to pay the application fee again each year?
You do not need to reapply each year and pay the $300 application fee again when renewing your permit. However, you must pay the $100 annual permit fee each year. We will mail or email you a renewal payment notice for the annual permit fee of $100. If you have any changes to make, you must report these before you renew. For example, changes to the floor plan, bedroom counts, etc.
Zoning will issue a renewal permit after we approve changes and receive payment. If a renewal permit is not issued by the end of the licensing year on June 30, the permit is no longer valid. All ads and reservations must stop as of that date.
What if my TRH guest ends up staying longer than 30 consecutive nights?
TRH regulations only apply to stays of less than 30 nights.
How do I share concerns or complaints about a TRH with the city?
Fill out our contact form or call 608-266-4551 ext. 3. In the case of a life-threatening emergency, dial 911.