What the 30-day rule means
You’ll hear “the 30-day rule” used for two different lines. One is tenancy: when an occupant gains a tenant’s rights. The other is local rules and taxes: many cities regulate stays under 30 nights as short-term rentals, and many lodging taxes stop at around 30 days (see transient occupancy tax). A midterm rental sits right on both lines, which is why it matters.
Where the 30 days comes from
| Topic | What it says |
|---|---|
| Airbnb (US hosts) | In California, Illinois and New York, a residential tenancy may be created after 30 consecutive days of occupancy |
| California | The landlord-tenant rules don’t cover transient hotel or motel occupancy that’s subject to local occupancy tax (Civ. Code 1940) — a tax cities can charge only on stays of 30 days or less (Rev. & Tax. Code 7280). A residential hotel can’t make someone move or re-register before 30 days to keep them “transient” (1940.1) |
| New York | In eviction cases, a hotel resident — not a transient occupant — who has been in possession for 30 consecutive days or longer counts as a tenant (RPAPL 711) |
| Florida | Transient public lodging is rented for periods of less than 30 consecutive days (Stat. 509.013), and the residential landlord-tenant part doesn’t apply to transient occupancy in a hotel, condominium, motel or similar lodging (83.42) |
| Arizona | The landlord-tenant act excludes transient occupancy in a hotel, motel or recreational lodging, with no day count (A.R.S. 33-1308); the 30-day line is in the tax code, where “transient” means lodging for less than 30 consecutive days (42-5070) |
Laws change and courts weigh the whole arrangement — a lease, mail, a move-in date — not just the calendar.
The 30-day rule by stay length
| Topic | Nightly (short-term) | Monthly (mid-term) | Yearly (long-term) |
|---|---|---|---|
| The occupant is usually | A guest | Possibly a tenant, depending on the state | A tenant |
| The paperwork | Booking terms | A written lease | A written lease |
| Ending the stay early | Checkout under the booking terms | Notice under the lease — and, if they won’t leave, the state’s eviction process | Notice and the state’s eviction process |
What operators do about it
Most mid-term operators don’t try to stay on the “guest” side of the line — they plan for the tenant side. We put every stay on a lease, drafted by our attorney, with 30 days’ notice to vacate. The clause-by-clause version is in mid-term lease agreements, and Airbnb’s side of it is in Airbnb monthly stays. Talk to a landlord-tenant attorney in your state before you set a minimum stay or a lease.
Related terms
- MTR — a mid-term rental, also called a medium-term rental: furnished, one to twelve months. See what MTR means.
- Transient occupancy tax — the lodging tax that often stops at about 30 nights. See transient occupancy tax.
- Corporate housing — furnished mid-term housing for people working away from home. See corporate housing.
Running leases next to nightly bookings? Nexxus mid-term rental software keeps both on one calendar — or open the live demo set up for mid-term, no sign-up.
30-day rule FAQ
What is the 30-day rule for rentals?
A common name for the line between a guest and a tenant. In several states, a person who occupies a home or a hotel room for about 30 consecutive days or more can be treated as a tenant, with a tenant’s protections. Some cities and states also use 30 days as the line for short-term-rental rules and lodging taxes.
What is Airbnb’s 30-day rule?
Airbnb’s guidance for US hosts says that in California, Illinois and New York a residential tenancy may be created after 30 consecutive days of occupancy, and that someone who stays fewer than 30 days generally doesn’t have a tenant’s rights unless a written agreement says otherwise — but every state is different. It’s Airbnb pointing to state law, not an Airbnb policy.
Does staying 30 days automatically make someone a tenant?
Not automatically, and not everywhere. Some states write a day count into their laws; others, like Arizona’s landlord-tenant act, exclude “transient occupancy” in hotels and similar lodging without naming a number, and courts look at the whole arrangement. Check your state’s law with a landlord-tenant attorney.
Can you evict a mid-term tenant?
Yes, but if the law treats them as a tenant, you generally have to follow your state’s eviction process — written notice, then a court case — rather than asking them to leave like a hotel guest. That’s why most mid-term operators use a written lease with clear notice and move-out terms.
Is a 30-day rental a lease or a hotel stay?
It depends on the state and on what you signed. Many operators treat any stay of 30 nights or more as a tenancy and use a lease. For taxes, the line is separate: Arizona, for example, treats lodging of less than 30 consecutive days as transient lodging and longer stays as residential rentals.
Sources
Read September 26, 2026. Statutes change — confirm the current law with a landlord-tenant attorney in your state.