State Airbnb laws2026 28 sources cited

West Virginia Short-Term Rental Laws & Hotel Tax (2026)

Source: AirROI Reviewed by , Founder @ AirROI Rules checked

From 25 official sources, 1 Airbnb help page and 2 news reports. Not legal advice.

The short answer

West Virginia Airbnb Laws in Brief

At a glance

West Virginia Short-Term Rental Laws at a Glance

State license required
Yes
Next rule change
Jan 1, 2027

The laws in brief

The rules a West Virginia host meets first, each linked to the ordinance, statute or official page it comes from. Details and exceptions follow below.

West Virginia Short-Term Rental Laws at a Glance
TopicRule
PermitState business registration for every rental location11
WhereTown business license and land use rules11
Minimum stayStays under 30 consecutive days are taxable11
Listing displayAdvertised price must be the total price10
PlatformsAirbnb collects the hotel occupancy tax4,14
SafetyCounty health permit: Fayette County17

Your home

Can You Host an Airbnb in West Virginia? It Depends on the Home

Whether you can host in West Virginia turns on whose home it is and whether you live there.

Your own home, rented whole while you're away

Allowed with conditions

A room in your home

Allowed with conditions

A second home or investment property you don't live in

Allowed with conditions

Stays of 30 nights or longer

Allowed

Permit

Do You Need a License for Airbnb in West Virginia?

Yes. West Virginia hosts need the West Virginia Business Registration Certificate from the West Virginia State Tax Division (state); town business license offices and county health departments (local). It costs $30 in the first year (The state certificate is a one-time $30. Local costs depend on the address, for example $100 a year in Fayetteville plus a county health permit, or $200 in Berkeley Springs (Town of Bath).) and $0 a year to renew.8,11,13,17,18,20

Who needs it
Issued by
Valid for
Platform checks

Fees

Fees
FeeAmount
State business registration certificatePaid to the State Tax Division when registering a rental location; the certificate is permanent until the location closes or is revoked.$30
Town of Bath short-term rental licenseNon-refundable license fee for each bed and breakfast, Airbnb or other short-term rental unit in Berkeley Springs.$200
Fayetteville vacation rental permitDue each year on July 1, with a copy of the annual Fayette County Health Department inspection.$100
Nicholas County Health Department lodging permitNon-refundable annual permit fee per short-term rental unit; applications are due by June 1 each year.$150
Wheeling-Ohio County Health Department permit (up to 20 rooms)Permits run July to June; the fee rises with the number of rooms ($300 for 21 to 50 rooms).$150

Who qualifies

  • State registration is per business location, not per building: a separate certificate for each rental building is not required
  • Zoning, town licenses and health permits are set locally, so eligibility depends on the town or county where the home stands
  • Hosts who rent in a town or city also check that town's business license and business and occupation tax

How to apply

  1. Register the rental with the State Tax Division on Form WV/BUS-APP or online at Business4WV.gov and pay the $30 fee.
  2. In a town or city, apply for the municipal business license or short-term rental license and check the zoning rules for the address.
  3. Ask the county health department whether it issues an annual short-term rental health permit (Fayette, Nicholas and Ohio counties do) and book the inspection.
  4. Collect the state and municipal sales tax and any hotel occupancy tax, or let Airbnb collect them on its bookings and report direct bookings to the Tax Division and the county or town.

Applications go through the official application page .

Permit rules

State business registration for every rental location
Airbnb collects the hotel occupancy tax
Platforms must record listings and map tax to the right town
Direct bookings are the host's to tax
Advertised price must be the total price
Berkeley Springs: license for every rental unit
Fayetteville: $100 vacation rental permit each year

Who can host

What West Virginia Cities and Counties Can and Can't Regulate

Town business license and land use rules
Harpers Ferry: permitted in residential districts with a license
Jefferson County: principal permitted use

Local rules

Local Rules in West Virginia's 7 Largest Airbnb Markets

A state license doesn't replace local rules. Cities and counties still set registration, occupancy, parking and safety requirements. These are West Virginia's largest markets by active Airbnb listings, with the share of each market's listings that display a registration or license number.

  1. 1. Snowshoe

    Pocahontas County

  2. 2. Davis

    Tucker County

  3. 3. Fayetteville

    Fayette County

  4. 4. Morgantown

    Monongalia County

  5. 5. Harpers Ferry

    Jefferson County

  6. 6. Berkeley Springs

    Morgan County

  7. 7. Huntington

    Cabell County

Taxes

West Virginia Short-Term Rental Taxes

About 13% on the price and cleaning fee in a town that charges all three taxes (6% state sales tax, 1% municipal sales tax, 6% hotel tax); about 12% in the unincorporated parts of counties that charge 6%; Snowshoe adds a 2% resort fee.

West Virginia Short-Term Rental Taxes
TaxRateCollected by
State sales tax 6% of the listing price, including cleaning and guest fees, for stays shorter than 30 nights6%11,26Airbnb
Municipal sales and use tax 1% in municipalities that impose it (for example Charleston, Huntington, Morgantown, Fayetteville, Oak Hill, Davis, Harpers Ferry and Bath); none outside those towns1%15,26Airbnb
County or municipal hotel occupancy tax Set locally from 3% up to 6% of the room price (5% in Harpers Ferry, 6% in most large markets, none in some towns)—2,4,14,26Airbnb
Snowshoe resort service fee 2% of lodging rentals of 30 days or less inside the Snowshoe resort area district2%14,23Host

What the host still handles

Operating rules

Operating Rules for West Virginia Short-Term Rentals

Stays under 30 consecutive days are taxable
Stays of 30 days or more are not subject to sales tax
6% state sales tax on the rental
1% municipal sales tax where the town charges it
Hotel occupancy tax of up to 6%, set by the county or town
County hotel tax applies only outside towns
Municipal business and occupation tax
County health permit: Fayette County
County health permit: Nicholas County
County health permit: Ohio County
Smoke detectors outside every sleeping area
Carbon monoxide detectors next to fuel-burning appliances
Snowshoe: 2% resort service fee

Fines

How to Avoid Airbnb Fines in West Virginia

Fines in West Virginia fall on hosting without the approvals described above, or outside the rules. With them in hand and the rules followed, none of the fines below apply.

Changes

What's Changed in West Virginia's Airbnb Rules, and What's Next

One change is scheduled after October 20, 2026; the most recent rules are listed first.

  1. January 1, 2027 Upcoming
    Six more towns start the 1% municipal sales tax
  2. June 12, 2026
    House Bill 5065 tightens platform tax collection
  3. January 23, 2026 Lapsed
    Bill to raise the hotel tax cap to 8% does not advance
  4. July 1, 2025
    Nicholas County starts lodging permits for short-term rentals
  5. January 1, 2025
    Bath starts the 1% municipal sales tax
  6. June 12, 2024
    Davis ends its short-term rental moratorium
  7. May 2024
    Town of Bath adopts a short-term rental ordinance
  8. January 1, 2022
    Airbnb and other platforms collect hotel occupancy tax

Earnings

What Could a Short-Term Rental in West Virginia Earn?

The rules shape the numbers: a permit that costs $30 in the first year and taxes of 13% added to guests' bills. For a specific address, the short-term rental calculator estimates revenue, occupancy and nightly rate from comparable listings, so you can test the numbers before applying.

Estimate what a home could earn

FAQ

West Virginia Short-Term Rental Laws: Frequently Asked Questions

Is Airbnb legal in West Virginia?

Yes. Renting a house, cabin, condominium or room for fewer than 30 consecutive days is treated as a taxable business activity, so hosts register with the State Tax Division and collect tax; permits and zoning are set by each town and county.11,12

Do I need a permit for Airbnb in West Virginia?

There is no single state short-term rental permit, but every host needs a state business registration certificate for the rental location. Some towns and counties add a license or health permit, such as the Town of Bath license, the Fayetteville vacation rental permit and county health permits in Fayette, Nicholas and Ohio counties.8,11,17,18,19,20

How much does the state business registration cost?

The West Virginia Business Registration Certificate costs $30, and the certificate for a location is permanent until the business closes, relocates or the certificate is revoked.13

How much do local licenses and health permits cost?

It depends on the address. The Town of Bath charges a non-refundable $200 for each rental unit, Fayetteville charges $100 a year, Nicholas County charges $150 per unit a year and Ohio County $150 for up to 20 rooms; Fayette County's fee depends on the number of bedrooms.8,17,18,19,20

Can I rent a home I don't live in?

The state tax rules apply to any house, apartment, cabin or condominium rented for under 30 days, whether or not the owner lives there. Whether a second home is allowed depends on the town's zoning: Harpers Ferry permits short-term rentals in its residential district with a business license, and unincorporated Jefferson County treats them as a principal permitted use.9,11,21

Does Airbnb collect hotel tax in West Virginia?

Yes. Airbnb collects the 6% state sales tax, the 1% municipal sales tax and all locally imposed hotel occupancy taxes on West Virginia reservations. Hosts remain responsible for other obligations such as business licenses and, in Snowshoe, the 2% resort service fee.4,23,26

What is the total tax on an Airbnb stay in West Virginia?

About 13% in a town that charges everything: 6% state sales tax, 1% municipal sales tax and 6% hotel occupancy tax. In the unincorporated parts of counties that charge 6% the total is about 12%, and Snowshoe adds a 2% resort service fee.11,14,15,23

What is the hotel occupancy tax rate?

Each county (outside towns) or municipality sets its own rate, starting at 3% and capped at 6% of the room price. The Tax Division list shows 6% in Morgantown, Charleston, Huntington, Fayetteville, Davis and Bath, and 5% in Harpers Ferry.2,14

Is there a limit on how many nights I can host?

The tax rules draw the line at 30 nights: sales tax and hotel tax apply to stays shorter than 30 consecutive days and not to longer ones. Towns and counties can add their own limits through zoning and licensing.3,11,12

Do I need a health permit for a short-term rental?

In some counties, yes. Fayette County requires an annual health permit for all short-term rentals, Nicholas County charges $150 per unit a year, and Ohio County requires a yearly-inspected permit; other counties may differ, so ask the county health department.17,18,19

Do I need smoke detectors in my rental?

Yes. West Virginia law requires an operational smoke detector near each sleeping area in every one- and two-family dwelling, and a violation brings a $250 fine for a first offense, rising to $2,000.7

What is the fine for operating without registering?

Engaging in business without the required state business registration certificate can bring fines of $1,000 to $10,000, plus $100 a day after 30 days. Town and county penalties are set separately.13

Method

How These Rules Were Checked

Each rule on this page was checked in October 2026 against the official source cited beside it: the ordinance or statute, the permit office's own pages and the tax authority. Airbnb's help pages are cited on their own only for what Airbnb itself does, such as the taxes it collects and the permit checks it runs, and otherwise only beside an official source; news reports only for when a change was announced. Rules that could not be confirmed on an official page are left out.

Rules change with council votes, court rulings and new state laws, so the page is rechecked every three months and whenever a scheduled change takes effect. It summarizes the rules for information and is not legal advice; the state agency and your city or county has the final word on any application.

Sources

Sources

Each rule above links to the source it comes from. Official ordinances, statutes and government pages come first, then Airbnb's own help pages.

  1. 1. West Virginia Code 7-18-1. Hotel occupancy tax · West Virginia Legislature
  2. 2. West Virginia Code 7-18-2. Rate of tax · West Virginia Legislature
  3. 3. West Virginia Code 7-18-3. Definitions · West Virginia Legislature
  4. 4. West Virginia Code 7-18-4. Collection of tax by marketplace facilitators · West Virginia Legislature
  5. 5. House Bill 5065 (2026), enrolled: Hotel occupancy tax · West Virginia Legislature
  6. 6. House Bill 4776 (2026), introduced: Hotel occupancy tax rate · West Virginia Legislature
  7. 7. West Virginia Code 15A-10-12. Smoke detectors in one- and two-family dwellings; carbon monoxide detectors · West Virginia Legislature
  8. 8. Bed and Breakfast, Airbnb, and Other Short-Term Rentals (Short-Term Rental Info Sheet FY27) · Town of Bath
  9. 9. Codified Ordinances of Harpers Ferry · Town of Harpers Ferry
  10. 10. 16 CFR Part 464 - Rule on Unfair or Deceptive Fees · Electronic Code of Federal Regulations
  11. 11. TSD 435 Short-Term Leases and Rentals of Real Property · West Virginia Tax Division
  12. 12. TSD-316 Sales and Use Tax for Lodging Rentals · West Virginia Tax Division
  13. 13. TSD 360 Business Registration Procedures · West Virginia Tax Division
  14. 14. Hotel Occupancy Tax · West Virginia Tax Division
  15. 15. Municipalities Imposing Sales and Use Taxes (issued 4/17/2026) · West Virginia Tax Division
  16. 16. Bill Status: House Bill 4776 (2026 Regular Session) · West Virginia Legislature
  17. 17. Short Term Rental · Fayette County Health Department
  18. 18. Short-Term Rental Lodging Permits · Nicholas County Health Department
  19. 19. Short-Term Rentals (Airbnb, VRBO, etc) Require Health Permits · Wheeling-Ohio County Health Department
  20. 20. 2026-2027 Vacation Rental Application · Town of Fayetteville
  21. 21. Short Term Rentals (Zoning Ordinance Text Amendment ZTA21-01) · Jefferson County Commission
  22. 22. Residential Rental General Business Requirements (Rental Registry Packet) · City of Huntington
  23. 23. Resort Fee Submission · Snowshoe Resort Community District
  24. 24. Rental Information · City of Morgantown
  25. 25. General Environmental Health (64 CSR 18 General Sanitation Rule) · West Virginia Department of Health, Office of Environmental Health Services
  26. 26. Occupancy tax collection and remittance by Airbnb in West Virginia · Airbnb Help Center
  27. 27. New regulations for B&Bs and short-term rentals in Town of Bath could be effective July 1 · Morgan Messenger
  28. 28. Town of Davis ditches short term rental moratorium · West Virginia Press Association