Kansas Short Term Rental Laws: AirBnB & Vacation Rental Regulations

Kansas, with its rich cultural heritage and vast prairies, presents unique opportunities for short-term rentals. This overview explores Kansas's legal landscape for Airbnb and vacation rentals, highlighting key state and city-level regulations.

Kansas’s Definition of a Short Term Rental

Understanding the nuances of short-term rental definitions and regulations in Kansas is pivotal for property managers and owners. This analysis delves into how Kansas defines short-term rentals like AirBnB, explores any exceptions to this definition, and contrasts these regulations with those in other major states in the U.S.

In Kansas, there is no uniform statewide definition for short-term rentals. These are generally considered rentals of less than 30 consecutive days, but specifics vary based on local city and county laws.

Some municipalities in Kansas impose limits on the number of nights a property can be rented out short-term annually. For instance, Wichita restricts this to 120 nights per year.

Kansas's approach to short-term rentals is largely decentralized, relying on local jurisdictions for specific regulations. This contrasts with other states where regulations can be more uniform and stringent. For property managers, staying informed and compliant with the varying local and state regulations is crucial to ensure successful and legal operation of short-term rental properties.

Starting a Short Term Rental Business in Kansas

Embarking on the journey of starting a short-term rental business in Kansas, particularly through platforms like Airbnb, requires thorough understanding and adherence to various regulations and procedures. This guide aims to provide an overview of the necessary steps, including legal requirements and practical tips, to help you successfully launch and operate your short-term rental business in the Sunflower State.

The process for starting a Kansas Airbnb includes:

Licensing and Permits: Check for permit or license requirements in your city or county. This may involve submitting property details, local contact information, and licensing fees. Approval times can vary, so plan ahead.
Applying and Registering: The application process often requires property details, site plans, floor drawings, licensing fees, attesting to housing codes, providing emergency contact info, and maintaining adequate insurance.
Getting Started Tips: Research local regulations, prepare a business plan, create house rules, hire maintenance staff, stage your home attractively, and respond promptly to booking inquiries.

For specific queries or more detailed information, you can contact the Unified Government of Wyandotte County and Kansas City at:

Phone: 913-573-5750
Email: EDR@wycokck.org
Location: Neighborhood Resource Center, 4953 State Avenue, Kansas City, KS 66102.

Short Term Rental Licensing Requirement in Kansas

Navigating the short-term rental licensing requirements in Kansas can be intricate due to the state's approach to decentralizing these regulations. Unlike a uniform statewide policy, Kansas delegates the authority to regulate short-term rentals to local jurisdictions, resulting in a diverse range of rules and requirements across various cities and counties.

To operate a short-term rental in Kansas, hosts must adhere to local regulations, which often involve obtaining a permit or license. The specifics of these requirements vary by municipality. Generally, the application process includes:

Providing detailed information about the rental property, such as its address, number of bedrooms, and maximum occupancy.
Submitting a site plan and floor drawings.
Paying licensing fees, which can range from $75 to $500.
Attesting compliance with housing codes and regulations.
Providing 24/7 local emergency contact information.
Maintaining adequate insurance coverage.

Kansas law mandates several safety features for short-term rental units, including:

Smoke and carbon monoxide detectors.
Properly maintained fire extinguishers.
Clearly marked emergency escape routes, windows, and doors.
Adequate lighting in areas like stairwells and hallways.
Handrails for stairs or steps.

Regular safety inspections are advised to ensure compliance and guest safety.

Required Documents for Kansas Short Term Rentals

Navigating the requirements for short-term rental licenses in Kansas can be complex. This guide aims to simplify the process by detailing the necessary documents and procedures for successfully obtaining and managing a short-term rental license.

Documents required to get licensed as a short-term rental:

Property Details: Address, number of bedrooms, and maximum occupancy of the rental property.
Site Plans: Detailed site plan and floor drawings of the property.
Local Contact Information: Providing 24/7 local emergency contact details.
Licensing Fees: Fees may range between $75 to $500.
Safety Regulations Compliance: Including smoke and carbon monoxide detectors, fire extinguishers, emergency exits, and adequate lighting.
Insurance: Obtain home-sharing insurance with sufficient liability coverage.
Tax Responsibilities: Charging state sales tax and transient guest tax on bookings.
Proof of Ownership or Owner's Consent: For both resident and non-resident registrations.
Identification and Address Verification: Legal name, Social Security Number or Employer Identification Number, and proof of residency.

Obtaining a short-term rental license in Kansas involves careful attention to detail and compliance with local regulations. By ensuring that you have the correct documents, maintaining proper records, and utilizing available resources like CompassKC, hosts can navigate this process with greater ease and confidence. Remember, regulations may vary by locality, so it's essential to check with your specific city or county for any additional requirements.

Kansas Short Term Rental Taxes

Navigating the tax landscape for short-term rentals in Kansas can be complex, with various taxes at the state and local levels. Understanding these taxes is crucial for operators to remain compliant and optimize their financial planning.

State sales tax: Ranges from 6.5% to 11.5%, depending on the city and county.
Transient guest tax: 6% on lodging under 28 consecutive days.

Short-term rental hosts in Kansas are responsible for collecting, filing, and remitting short-term rental taxes to Kansas tax authorities.
This includes both state sales tax and local lodging tax.

Lodging tax on a short-term rental is separate from the federal income tax. While lodging tax is a percentage of the guest’s stay, income tax is paid annually to the federal government on taxable income.

Short-term rental income is subject to federal income tax, with the lodging tax being a separate entity that is collected from guests and remitted to the state.

The tax requirements for short-term rentals in Kansas involve various state and local taxes, distinct from federal income tax. Operators must stay informed and compliant with these regulations.

Short Term Rental Rules By Kansas City

This overview is a glimpse into the diverse regulatory landscape for short-term rentals across Kansas' major cities. Each city has its unique approach, reflecting local priorities and challenges. For more detailed information, particularly for the cities not covered here, it's advisable to consult the respective city's official website or contact local government offices directly.

Kansas City, Kansas Short Term Rental Laws

Short-term rentals are defined as less than 30 consecutive days.
Requires a permit and business license.
In April 2023, a 7.5% tax on short-term rentals and a $3 license fee were approved.
Different rules for owner-occupied rentals and non-owner-occupied rentals.
Registration with the city and fee payment required.
Violations can result in fines and jail time.

Wichita, Kansas Short Term Rental Laws

Short-term rentals are illegal for periods of fewer than seven days in most residential areas unless a special permit is obtained.
Regulated by the Unified Zoning Code.
New regulations require a license and fee for operation.
Enforcement is coordinated by the Planning Department, Zoning Enforcement Division.

Overland Park, Kansas Short Term Rental Laws

Requires a rental license for all rental homes.
Currently studying the effects of short-term rentals and beginning to address issues.
No specific regulations on short-term rentals as of the latest update.

Kansas City, Kansas Short Term Rental Laws

Commercial use of properties for short-term rentals requires a Special Use Permit.
The application process includes scheduling a pre-application meeting, submitting an application with fees, and hosting a neighborhood meeting.
Zoning sign posting is part of the notification process for public hearings.

Olathe, Kansas Short Term Rental Laws

No specific regulations on short-term rentals.
Standard rules and regulations for building, design, maintenance, habitability, health, and safety may apply.
Subject to city, state, and county sales tax.

Topeka, Kansas Short Term Rental Laws

Online application process for short-term rentals.
Definitions for owner-occupied, non-owner occupied, and various types of short-term residential rentals.
Use table and special use requirements in the Topeka Municipal Code dictate where short-term rentals are allowed or prohibited.
Parking standards are specified for different types of rentals.

Lawrence, Kansas Short Term Rental Laws

Licensing and inspection regulations for short-term rentals were amended in 2020.
Non-owner occupied short-term rentals are prohibited in certain zoning districts.
An owner-occupied requirement is defined as residing more than 270 days per calendar year.
A maximum of three short-term residential properties per licensee or owner.
Biennial inspections instead of annual.

Takeaway

Navigating Kansas's short-term rental market requires a keen understanding of both state and local ordinances. For those investing in Kansas's rental space, compliance with these diverse regulations is essential for success.

Table of contents