Can I make my apartment into an AirBNB? [Cambridge, MA] — UPDATED 2022

You’ve got a great apartment in a great spot in Cambridge. Maybe you’re leaving for a few months and want to make some extra income. Or, maybe you’re looking to buy a second place and turn one of them into a short-term rental. If you’re considering becoming an AirBNB landlord, it’s critical to know whether you’re able to legally flip your owned property into an AirBNB.

AirBNBs are highly regulated in Massachusetts. Laws in Boston and Cambridge are similar, but not exactly the same..

Is my apartment eligible to be an AirBNB?

AirBNB rentals in Boston and Cambridge fall under the regulations of each city’s short-term rental laws (stays of 28 days or less). Here are the eligibility rules for rental units each city:

Boston

  1. Be classified as residential use

  2. Not restricted by lease terms or affordability covenants

  3. Remain compliant with housing codes including noise and proper trash removal

  4. Be an owner-occupied (an owner’s primary residence) or owner-adjacent unit (e.g. an apartment in an owner-occupied multifamily building)

Cambridge

  1. Be classified as residential use

  2. Not restricted by lease terms or affordability covenants

  3. Remain compliant with housing codes including noise and proper trash removal

  4. Operator must be the owner or tenant with sublet permission

  5. Be an operator-occupied or operator-adjacent (if operator-adjacent the operator must own or rent the entire building)

How to get an AirBNB rental license

In both Boston and Cambridge, AirBNBs must register with the city in order to operate legally.

AirBNB license in Boston

In Boston you need the following to get a short-term rental license:

  1. Proof of primary residence

  2. A business certificate

  3. A sign in the unit indicating the location of fire extinguishers, emergency exits, and fire alarms

  4. $25 application fee for Limited Share units or $200 for Home Share and Owner Adjacent units

You can apply for a Boston license here.

AirBNB license in Cambridge

In Cambridge you need the following to get a short-term rental license:

  1. Proof of ownership or an affidavit of owner approval

  2. Proof of liability insurance

  3. Proof of the operator’s primary residence

  4. A floor plan

  5. A $500 application fee

  6. An inspection after approval to verify the premises along with visible exit diagram, local contact information, and waste disposal instructions

You can apply for a Cambridge license here.

Do I need to own a business to host an AirBNB?

Massachusetts state law requires that AirBNB hosts obtain a business certificate to operate in order to certify compliance with zoning ordinances, minimum safety requirements, and owner identity. Because hosts rent their units through AirBNB instead of doing business under their own name, the state wants a record of the individuals behind the business to ensure basic consumer protections.

How to pay AirBNB taxes

Both Boston and Cambridge AirBNBs are subject to the Massachusetts Room Occupancy Excise Tax. The state has a minimum rate of 5.7%, but individual municipalities may add additional taxes. Boston and Cambridge both add an additional 6% Room Tax and a 3% Short Term Rental Community Impact Fee. While these taxes are automatically collected and remitted to the state by AirBNB, hosts are required to register with the state’s Department of Revenue.


AirBNB host resources

Hosting an AirBNB isn’t just about putting on fresh sheets. As you build your AirBNB business, you’ll want to work to become a trusted, reliable host that ensures people enjoy their time in Boston and Cambridge. Here are some additional resources you may want to check out for becoming a great AirBNB host:


Disclaimer: The Site cannot and does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of legal advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK. If you have legal questions, contact an attorney or email me at Sage@CambridgeSage.com and I’ll refer you to a trusted attorney.

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