Hosts who rent a home or room for days or weeks usually need a written agreement, even when a booking platform has its own terms. A direct booking agreement should cover the same issues clearly.
Key terms to include
- Dates, check-in and check-out times, and maximum guests.
- Rate, taxes and fees.
- Security deposit and how it is returned.
- Cancellation and refund policy.
- House rules for noise, smoking, pets and parties.
- Damage and liability terms.
Local rules come first
Many cities and HOAs require permits, limit the number of rental nights or ban short-term rentals in some zones. A host should check local rules, insurance and tax duties before listing. See our guide to short-term rental laws.
Insurance and liability
- A standard homeowners policy may not cover paid guests.
- Ask your insurer about short-term rental coverage.
- Platforms may offer limited protection that has exclusions.
For guests
- Read the cancellation terms before paying.
- Document the condition at arrival.
- Keep messages and receipts.
- Report problems quickly and in writing.
Direct bookings versus platform terms
When guests book through a platform, the platform's terms of service and host rules form part of the agreement, including cancellation policies and fee structures. For direct bookings, the host needs its own agreement. Even on platforms, adding a short house rules acknowledgement can help. The agreement should reflect local law, since some places require specific notices and prohibit certain clauses.
Payments, deposits and cancellations
- Total price, taxes and fees clearly shown.
- Security deposit amount and how it is refunded.
- Cancellation tiers with dates and refund percentages.
- Policy for early departure and late checkout.
- Refund rules for emergencies or property problems.
- Payment methods and timing.
House rules and safety
- Maximum occupancy and rules on events or parties.
- Quiet hours and neighbor courtesy.
- Smoking, pets and parking.
- Pool, hot tub and fire pit safety rules.
- Emergency contacts and safety equipment locations.
- Check-in and check-out procedures.
Liability and damage
The agreement should state that guests are responsible for damage beyond normal wear and for the conduct of everyone they bring. Hosts should have insurance appropriate for short-term rentals, because many homeowner policies exclude paid guests. Cameras and recording devices must follow privacy laws, including disclosure rules. See our guide to short-term rental laws.
Record keeping
- Photograph the property before and after each stay.
- Keep messages and receipts.
- Track income and expenses for taxes.
- Collect and remit occupancy taxes where required.
- Keep proof of permits and insurance.
Terms to know
- Host: the person renting out the property.
- Guest: the person staying.
- Occupancy tax: a lodging tax.
- Security deposit: money held for damage.
- House rules: the host's rules for guests.
- Cancellation policy: refund rules for canceled stays.
Checklist for hosts
- Confirm permits and zoning.
- Choose insurance suited to rentals.
- Write clear house rules.
- Document the property before each stay.
- Collect and remit required taxes.
- Keep messages and receipts.
Frequently asked questions
Is a short-term rental the same as a lease?
No. Stays of short duration are usually treated differently from tenancies, but long stays can create tenant rights in some states.
Do I need a permit to host?
Often yes. Check city, county and HOA rules.
Can I keep the deposit for damage?
Yes if the agreement and law allow, with documentation.
Do I need to give guests a written agreement?
It is wise and sometimes required.
Can a guest become a tenant by staying too long?
Long stays can create tenant rights in some states.
Who pays occupancy tax?
The host or platform, depending on the place.
Can I ban parties?
Yes, and many places require limits.
Can I require ID?
Many hosts do for safety, handling data carefully.
Can I charge a cleaning fee?
Yes if disclosed.
What if a guest overstays?
Follow local law. You may need a legal process.