The Canopy MLS Rules and Regulations do not prohibit the listing of short-term rentals in the MLS, but there are no plans to modify our system to further accommodate short-term rentals.  
 
Are short-term rentals subject to the North Carolina Vacation Rental Act or South Carolina Vacation Rental Act?  
Maybe.  The North Carolina Vacation Rental Act defines a Vacation Rental as the rental of residential property for vacation, leisure, or recreation purposes for fewer than 90 days by a person who has a place of permanent residence to which he or she intends to return.  The act does not apply to rentals to persons temporarily renting a dwelling unit when traveling away from their primary residence for business or employment purposes.

The South Carolina Vacation Rental Act applies to properties that are rented for less than 90 consecutive days and are used primarily for vacation or leisure purposes.  The law applies to landlords and tenants as well as buyers and sellers of vacation rental properties.  The law also applies to any rental management company acting on behalf of an owner or to any other persons or entities otherwise engaged in the renting or managing of residential property for vacation rental.  
 
What type of listing agreement should be used for short-term rentals? 
The Canopy MLS Rules and Regulations require all MLS listings, including short-term rentals, to be subject to an exclusive listing agreement between the property owner(s) and the real estate broker in order to procure tenants or receive rents for the owner’s property. This makes it possible for the listing brokerage to cooperate with other Member Participants of the MLS.  Typically, the form used for this is the Exclusive Property Management Agreement (NCR Form 401), or the Residential Management Agreement (SCR Form 430). Also, in July 2019 NC Realtors® released the Exclusive Right to Advertise/Lease Agreement (NCR Form 405-T), which addresses a range of issues agents may encounter in listing a property for rent, including what lease terms the landlord desires. Form 405-T makes clear that the broker will not manage the rental property after it is leased.  The Agreement to Procure Tenant form (NCR Form 106) is an addendum that can only be used in conjunction with the Exclusive Right to Sell Listing Agreement (NCR Form 101), and cannot be used as a standalone form.
 
What type of rental agreement should be used for short-term rentals?  
There is no standard form in North or South Carolina specifically written for short-term rentals. However, in North Carolina, the three-page Vacation Rental Agreement (NCR Form 411-T) may be used but only if the short-term rental is subject to the N.C. Vacation Rental Act.   The six-page Residential Rental Contract (NCR Form 410-T) provides options for monthly, weekly, yearly and other lease terms; however, the contract is written for long-term rentals.   In South Carolina, the Residential Rental Agreement (SCR Form 410) is also written for long-term rentals. Brokers should seek legal counsel for drafting a suitable rental agreement for short-term rentals. 
 
Do homeowner associations allow short-term rentals?
If the property is subject to a homeowner association or restrictive covenants, homeowners should check to be sure short-term rentals are allowed.
 
Are short-term rentals subject to sales tax? 
Brokers and owners should consult with a tax advisor.  
 
Also, don’t forget!  
Member Participants and Subscribers must disclose in the listing if they are the owners of or have an ownership interest in the property submitted to the service.  Subscribers must sign an agency agreement with the listing brokerage when listing their own property in the MLS.
 
Are you competent?  
Article 11 of the Realtor® Code of Ethics says the services which Realtors® provide to their clients and customers shall conform to the standards of practice and competence which are reasonably expected in the specific real estate disciplines in which they engage...Can you competently offer to rent a property on behalf of another?

• Offering to rent a property on behalf of another constitutes real estate brokerage.  
• All agency agreements must be in writing.
• Fair housing language must be included.
• Do you know the rules regarding tenant security deposits, handling rental income and the N.C. Residential Rental Agreements Act?
• Does the owner expect you to perform the duties generally associated with property management, such as performing a background check on the prospective tenant, collecting rent, negotiating lease terms and determining fair rental rates; and are these duties addressed in the agency agreement?
• How will you disclose your agency relationship with the landlord to the prospective tenant?