Short-Term Rental Regulations in West Virginia (WV)
West Virginia has a minimal level of short-term rental regulation. Very STR-friendly. No statewide STR registration is required. No state-level license is needed. Platforms like Airbnb collect and remit taxes. West Virginia has minimal STR regulation. State hotel/motel tax of 6% applies. Platforms collect and remit taxes. Local municipalities may impose additional hotel taxes. No statewide registration or license requirement. Generally very STR-friendly.
Full Requirements Summary
West Virginia has 0 key regulatory requirements at the state level.
| Requirement | Status | Details |
|---|---|---|
| STRs Allowed | Yes | Short-term rentals are legal |
| Statewide Law | No | No statewide STR law; local regulation |
| Registration Required | No | No state registration needed |
| License Required | No | No state-level license |
| Primary Residence Only | No | Investment properties allowed |
| Maximum Nights/Year | No limit | No annual night limit at state level |
| Minimum Stay | No minimum | No minimum stay requirement |
| Host Presence Required | No | Un-hosted stays allowed |
| Insurance Required | No | No state insurance mandate |
| Safety Inspection | No | No state-required inspection |
| Platform Tax Collection | Yes | Platforms collect and remit taxes |
City-Level STR Regulations in West Virginia
All 5 tracked West Virginia cities sit close to the state's minimal baseline.
| City | Restriction Level | Local Notes |
|---|---|---|
| Charleston | Minimal | No dedicated STR ordinance. Hotel/motel tax applies. Minimal regulation. |
| Harpers Ferry | Minimal | Tourist area. Hotel tax applies. Many vacation rental properties. |
| Fayetteville | Minimal | New River Gorge tourism area. Hotel tax. Growing STR market. Minimal regulation. |
| Morgantown | Minimal | University town (WVU). Hotel tax applies. No dedicated STR ordinance. |
| Snowshoe | Minimal | Ski resort area. Hotel tax applies. Major vacation rental market. |
West Virginia: Permissive on Permits, Specific on Taxes
West Virginia has no statewide STR registration, licensing, or preemption law — whether you can operate is a local zoning question, and most of the state has no STR-specific rules at all. What the state does spell out, in the Tax Division's TSD-435 guidance, is the tax side:
- Business registration: renting any property for under 30 consecutive days is a taxable business activity requiring a WV business registration certificate (one per business, not per building).
- Sales tax: 6% state sales tax on sub-30-day stays, plus municipal sales tax in taxing municipalities. If Airbnb/Vrbo collects it on your bookings, you don't collect it again.
- Hotel occupancy tax: a separate county/municipal tax — commonly 3–6%, statutory max 6% — remitted directly to the county or city, not the state. Platforms must collect it since January 2022 if they clear $100k in WV revenue or 200 transactions (WV Tax Division). Snowshoe's resort district adds a 2% resort service fee.
- The property-tax trap: owner-occupied homes are Class II; putting a home into STR service can reclassify it (or the rented portion) as Class III/IV at roughly twice the rate, and forfeit the homestead exemption. TSD-435 notes you can ask the county assessor to "split list" so only the STR-used square footage is reclassified — worth doing before the assessor does it for you.
Practical path: get the business registration certificate → confirm which taxes your platform remits vs. what you owe the county directly (hotel occupancy tax is the one hosts most often miss, since it never flows through the state) → talk to your county assessor about classification before your first season, not after.
Sources
- WV Tax Division — TSD-435: Short-Term Leases and Rentals of Real Property (PDF)
- WV Tax Division — Hotel Occupancy Tax
Tax guidance last reviewed July 2026.
How West Virginia Compares to Other States
Below is a comparison of West Virginia with five states that have similar STR regulation levels. This helps illustrate where West Virginia stands nationally in terms of short-term rental friendliness.
| State | Restriction Level | Registration | License | Night Cap | Platform Tax |
|---|---|---|---|---|---|
| West Virginia (WV) | Minimal | No | No | No limit | Yes |
| Alabama (AL) | Minimal | No | No | No limit | No |
| Alaska (AK) | Minimal | No | No | No limit | No |
| Arkansas (AR) | Minimal | No | No | No limit | Yes |
| Indiana (IN) | Minimal | No | No | No limit | Yes |
| Kansas (KS) | Minimal | No | No | No limit | No |
Frequently Asked Questions About West Virginia STR Regulations
Can I legally operate an Airbnb in West Virginia?
Yes, short-term rentals are legal in West Virginia. No state-level registration is required, though your city may have its own requirements. The state's overall restriction level is minimal.
Does Airbnb collect taxes in West Virginia?
Yes, West Virginia has a platform accountability law. Airbnb and other platforms collect and remit applicable state and/or local taxes on behalf of hosts.
Check Another State or City
Use our STR regulation lookup tool to find the exact rules for your specific city in West Virginia, or browse all 50 states to compare short-term rental friendliness across the country.