Frequently Asked Questions

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The regulation passed by the Board of Health is linked on the Health Department web page at: Board-of-Health-Regulations

We have a new online registration platform allowing easy registrations and renewals. The platform will be available for the 2025 Rental Certificate Application Season and is linked here: https://easthamma.portal.opengov.com/categories/1087. 

The deadline for registration of year-round rentals and ADUs is March 25, 2025 and the deadline for registration of part time properties is June 24, 2025. 

Rental inspections are required for all rental properties prior to issuance of a rental certificate and are valid for three years so long as the property is rented out for those three years consecutively. If the property transfers ownership or if the property does not register for one of those years, the property will be triggered to be inspected. 

The deadline for registration of year-round rentals and ADUs is January 30, 2026 and the deadline for registration of part time properties is April 24, 2026.

If applications are not received within a week of the deadline, property owners will be issued a non-criminal citation and may be fined up to $300 per day. 

There are several requirements of the State Sanitary Code (105 CMR 410) that apply to an inspection of a rental property. These include: 

• Functioning smoke and carbon monoxide alarms on every level of the home and within 10 ft of every bedroom smoke alarms
  • Nonfunctioning alarms will constitute a failed inspection
• Confirmation of hot water availability will be conducted at the inspections
• Labeled electrical panel
• Functioning doors, windows, and locks
• Minimum sanitary conditions are met
• Providing appropriate means of egress
• Means for proper storage of trash and recycling

The Health Department is required to investigate any complaints related to possible violations of the State Sanitary Code or State Nuisance Code. As part of that process, you will be contacted by our office for information and to schedule a site visit. Please contact the Eastham Health Department for further details at 508-240-5900 x3230.

Anyone who DID NOT have more than two SHORT TERM rental certificates on file BEFORE December 2024 is limited to ONLY TWO rental properties in the Town of Eastham.

The Legacy Clause was voted on and approved at the 2024 Spring Town Meeting and will go into effect beginning in the 2025 rental year. The Legacy Clause states that you are allowed a maximum of 2 SHORT TERM rental properties unless you had more than 2 valid rental certificates on file prior to December 2024. If you are not part of the legacy clause and are applying to have a third SHORT TERM rental property, your rental certificate application for your third property will be denied.

Legacy Clause Short Term Rental ByLaw

Limitation on Number of Short-Term Rentals

An Owner may register to operate only two dwelling units as Short-Term Rentals, provided, however, this limitation shall not apply to a Cottage Colony, as defined by Section 21 of the Zoning Bylaws, under single ownership. If a person owns or is listed as a manager and/or is an agent for three or more dwelling units, that person must choose only two units to be registered as Short-Term Rentals. No person shall have more than two legal or equitable title or beneficial interest in dwelling units used for Short-Term Rentals except as provided for above. An Owner may hire a property management company to list and manage Short-Term Rentals, but the registration must be in the Owner's name.

Protection for Existing Short-Term Rentals

Any person or other legal entity who holds a current Certificate of Registration for more than two dwelling units on the effective date of this bylaw (January 1, 2025), may be eligible to renew said Certificates for the same dwelling units, pursuant to the Board of Health’s regulations, until such time as any of said dwelling units is transferred or conveyed, or the certificate of registration is not renewed.

Corporate Ownership of Short Term Rentals Prohibited

Corporate Ownership Short-Term Rentals are prohibited in dwelling units owned by a corporation. Short-Term Rentals are permitted in dwelling units owned by an LLC, Trust, or S Corporation only when every shareholder, partner, or member of the legal entity is a natural person, as established by documentation provided by the applicant at the time of registration.

Lease Agreements

If an applicant is registering a year-round rental property or an Accessory Dwelling Unit, they will be required to provide a copy of their lease agreement to complete their application. This document will only be viewable by Health Department staff and will not be included in the information provided to the public in the case of a public records request.