STRWATCH.AI / TX / San Antonio

Is a short-term rental legal in San Antonio, TX?

REGULATED

San Antonio permits hosted and whole-home short-term rentals lasting at least 12 hours but fewer than 30 consecutive days inside city limits.

See permits and requirements

Sources checked17 open items listed below

The permit regime applies within San Antonio city limits; outside-city Bexar properties still report and remit County HOT to the City. Type 1 requires the owner or authorized lessee/operator to make a legal residence on the property, supported by homestead exemption, voter/vehicle registration or similar evidence. Under §16-1103(b), one additional commonly owned non-owner-occupied unit on the same parcel as an owner-occupied unit can be Type 1; further units are Type 2. Type 1 room rentals must share a full bathroom and the owner must generally be present; Type 2 must rent the entire dwelling. Type 1 has no density cap. Current City guidance allows Type 2 by right up to 12.5% of units on a residential block face or multifamily property of five or more units, with at least one Type 2 allowed by right; exceeding the limit requires a BOA special exception. All units on a lot use the block face of their street address; corner lots cannot use multiple faces. Current UDC §35-374.01(c) requires rounding down, counts authorized bed-and-breakfast establishments, and permits one Type 2 unit in a five-to-seven-unit multifamily property; eight or more units use the 12.5% threshold. Renewals formerly approved by rounding can continue without a BOA exception under the January 1, 2023 provision, but new over-limit applications need an exception. City guidance broadly describes residential districts and districts with established residential use, except C-3, L, I-1 and I-2. Current §35-311 Table 311-1, however, leaves the combined R-3/R-2/R-1 STR cell blank while marking the other listed residential columns P. Table 311-2 marks O-1/O-1.5, O-2, NC, C-1, C-2, D and ERZD P, with C-3/L/I-1/I-2 blank. Because the matrix and broad guidance differ for R-3/R-2/R-1, do not assume eligibility there; obtain a parcel-specific written determination, including existing-use and nonconforming rights. ADUs must comply with current UDC §35-371: the owner must permanently occupy either the principal or accessory unit and receive no rent for that owner-occupied unit, sign a notarized occupancy affidavit and provide a recordable covenant. An accessory-dwelling permit is required before construction, use or occupancy. Detached ADUs are limited to one per lot in the rear yard; those over 800 square feet require one parking space. Size, setback and height standards and underlying use permissions also apply. ADU STRs must additionally comply with §35-374.01; this is not a blanket entitlement for a nonresident Type 2 ADU. Occupancy is the permit-approved maximum under the Property Maintenance Code, not one citywide guest number. §16-1113 bars Type 2 permits during a City Housing Incentive eligibility period unless expressly authorized. §16-1114 recognizes qualifying pre-existing Type 2 nonconforming rights supported by HOT registration/current-account evidence; ownership changes normally end those rights, with a limited continuity exception for an entity controlled by or equitably owned by the prior owner. Property-specific leases, covenants, deeds and other encumbrances still apply. Texas HB2464, effective June 12, 2025, expressly preserves municipal STR regulation and private HOA/deed restrictions despite its home-business protections; the audit did not establish the effect of every other state law or court ruling. There is no uniform primary-residence requirement across Type 1, ordinary Type 2 and ADU categories. Rental definitions and tax exemptions are separate; no blanket day-30 exemption scalar is asserted.

Permits and requirements

Short Term Rental Permit - Type 1 (Owner/Operator-Occupied) $300 base per three-year permit under the 2024 ordinance through September 30, 2026; announced October 1, 2026 fee: $450 plus 8% surcharge
City of San Antonio, Development Services Department
Renewal: Before expiry every three years; base renewal $300 under the 2024 ordinance through September 30, 2026; announced October 1 renewal $450 plus 8% surcharge
Type 1 residence and same-parcel additional-unit rules are in §§16-1101, 16-1103 and 16-1107. Each unit needs a separate permit. Apply through BuildSA with owner/applicant/24-hour operator contacts, floor/parking plans showing guests, extinguishers and evacuation routes, proof of ownership and notarized owner authorization if applying as a non-owner; staff checks BCAD ownership and recent buyers provide a recorded warranty deed. The City says complete applications issue within five business days and eligibility cannot be determined before application. The ordinance requires sworn insurance/life-safety self-certification, denies incomplete submissions after 45 calendar days with fee forfeiture, and imposes a one-year application bar for false documentation by that owner at that property. Renew before expiry with changed documents or a no-change statement; late renewals are new applications. Current guidance says fees are nonrefundable, permit type cannot change at renewal, and cancellation requires closing both the permit and HOT account. FY2027 fees effective October 1 also have a 3% credit-card administrative fee and $11.50 staff-processing convenience fee when applicable; the pre-October surcharge/total was not established.
official source
Short Term Rental Permit - Type 2 (Non-Owner/Operator-Occupied) $450 base per three-year permit under the 2024 ordinance through September 30, 2026; announced October 1, 2026 fee: $1,000 plus 8% surcharge
City of San Antonio, Development Services Department
Renewal: Before expiry every three years; base renewal $450 under the 2024 ordinance through September 30, 2026; announced October 1 renewal $1,000 plus 8% surcharge
Type 2 is the non-owner/operator-occupied tier and must rent the entire dwelling under §16-1107(b). Density and zoning rules are described in legality.notes; the City cannot determine availability before reviewing an application. Application documentation, self-certifications, processing and renewal rules are the same as Type 1. Under §16-1106, permits cannot transfer to another owner, unit or location; an operator, agent or emergency contact may be updated without a new application. Separate BOA and nonconforming-rights transfer restrictions also apply. Type 2 renewal properties with a City life/health/public-safety violation notice are subject to building-official inspection. ADU owner-occupancy and permit rules are in current §35-371; special-exception approval lasts at most three years under §35-399.03(f), with a subsequent application required before expiration. FY2027 fees effective October 1 also have a 3% credit-card administrative fee and $11.50 staff-processing convenience fee when applicable; the pre-October surcharge/total was not established.
official source
Board of Adjustment Special Exception (density cap exceedance) Cost not verified
City of San Antonio Board of Adjustment
Renewal: Special-exception approval lasts at most three years; apply for subsequent approval before the prior approval expires
Required when a Type 2 proposal exceeds by-right density. Apply through BuildSA. The City's FY2027 schedule announces October 1, 2026 base fees of $460 with a homestead exemption or $690 otherwise, plus 8% surcharge; credit-card payments add 3%, and staff-processing convenience fees may apply. The pre-October current special-exception fee was not established from a readable current fee schedule. Current §35-399.03 requires notices and a BOA hearing; approval lasts at most three years and is nontransferable by owner, operator or location. Submit a site plan and structure photographs; preserve residential architectural appearance and comply with parking requirements. Exterior advertising signs are prohibited except a flat nameplate no larger than one square foot. The BOA must make the prescribed neighborhood, street-impact and property-impact findings, plus §35-482(i) findings. A historical training deck's separate 45-day submission instruction was not confirmed as current. Distinctly, current ordinance §16-1112 requires a written appeal of a permit denial/nonrenewal/suspension/revocation filed with the Director or designee within 20 calendar days; the BOA hears the appeal under §35-481. Current §35-482(i) also requires findings of no material health/safety danger, no public nuisance, no substantial neighboring-property injury, adequate utilities/access/drainage/open space/facilities, no revoked STR license or confirmed citation/adjudicated STR offense in the prior year, and no essential neighborhood-character change.
official source
Personal Injury Liability Insurance Cost not verified
City of San Antonio (City Code Ch. 16, Sec. 16-1108(c))
Renewal: Maintained continuously; self-certified with each application/renewal
§16-1108(c) requires guest personal-injury liability insurance; it states no minimum dollar coverage. §16-1104(a) requires sworn ongoing-compliance self-certification. Insurance premiums are not prescribed in the ordinance.
official source
Annual Fire Extinguisher Inspection & Life-Safety Standards Cost not verified
City of San Antonio Development Services Department / Fire Code
Renewal: Annual (fire extinguisher inspection); self-certified at each permit application/renewal
A 2A:10B:C (5-lb) fire extinguisher must be mounted within 75 feet of all portions of the STR on each floor and independently inspected annually; smoke/CO detectors, emergency escape openings, and a posted evacuation plan are also required (Ord. 2024-06-13-0433, Secs. 16-1104(a)(5), 16-1108(d)). Noncompliant sleeping rooms must not be used or counted toward occupancy, must stay locked where a door is present, and must be identified to occupants in writing (§16-1108(d)(6)).
official source
Hotel Occupancy Tax Account Registration & Monthly Reporting Cost not verified
City of San Antonio Finance Department; City/County reporting portal administered through Neumo
Renewal: Report monthly even with zero receipts or platform tax remittance; ordinance deadline is the last day of the following month, extended to the next City workday when that day is a weekend/City holiday. General hotel-tax §31-70(b) instead states the 20th; confirm the STR-specific route with Finance
Register for a HOT account after registering the STR using the City online payment portal. The first online report is due the last day of the month the account number is received; do not wait for the STR permit or a platform listing. City HOT applies inside city limits; Bexar properties outside city limits still report County HOT to the City. Current Finance instructions use Neumo, replacing the older Avenu wording. Maintain tax books/records for at least four years under the HOT fact sheet. State HOT is administered separately by the Comptroller; operators using a website/noncollecting platform remain responsible, while operators using only a platform that assumes state collection/remittance need not themselves collect/remit state HOT. No separate registration charge was established. Current §31-66 includes customary sleeping-room amenities and cleaning/readying charges in taxable consideration; unrelated personal services, food and other taxes are excluded only when separately stated. Section 31-71 requires tax records available for City inspection at the property.
official source
STR Operating Standards, Emergency Contact and Required Notices Cost not verified
City of San Antonio Development Services Department
Renewal: Continuous compliance while operating
§16-1108 requires approved occupancy, UDC-compliant off-street parking (not in yards, rights-of-way or access easements), and a BOA parking-adjustment application where at least one off-street space cannot be provided. No overnight outdoor sleeping or outdoor sleeping rentals. Outdoor amenities must post quiet hours: 10 p.m.–6 a.m. Sunday–Thursday and 11 p.m.–6 a.m. Friday–Saturday. §16-1101's residential quiet-hour definition sets 63 decibels measured from separately owned property. Post conspicuously indoors occupancy, parking/noise/outdoor rules, 24-hour contact, cleanliness/trash information, flooding/evacuation/emergency information, applicable permits and HOT registration. All advertisements must include the STR permit number. Give the City current 24-hour operator/agent contact information; after a City citation and call, the operator/agent must attempt to contact occupants within one hour, and after a second complaint/citation take timely appropriate steps under the rental agreement. Compliance costs are property-specific. Current UDC §35-374.01(b) prohibits fee-based prepared food or beverage service, including through a caterer; prepackaged items may be gifted or sold. Residential-zoned STRs cannot operate wedding/event venues, restaurants, meeting halls or other separately classified uses as either a primary or accessory use. Current §35-526's residential-use table sets one vehicle space per Type 1 or Type 2 unit; the nonresidential Type 2 table sets a one-space minimum and 1.9-space maximum per unit. General district exemptions and approved adjustments may apply, so confirm the parcel's approved parking plan rather than assuming every property has identical parking requirements.
official source

The full picture

San Antonio permits hosted and whole-home short-term rentals lasting at least 12 hours but fewer than 30 consecutive days inside city limits. Type 1 requires owner/operator residence on the property; Type 2 covers non-owner/operator-occupied units and is subject to density limits and a Board of Adjustment special-exception process. The 2024 enacted ordinance sets three-year application/renewal base fees of $300 for Type 1 and $450 for Type 2; the City announces replacement fees effective October 1, 2026 of $450 and $1,000 plus an 8% surcharge. Operators must carry guest-liability insurance, obtain annual independent fire-extinguisher inspections, comply with approved occupancy, parking and quiet-hour standards, and display permit numbers in advertisements. Tax rates are 6% state HOT, 9% City HOT and 1.75% Bexar County HOT, subject to applicable thresholds/exemptions. City/County reports remain due monthly through Neumo even when a platform remits tax. Official Finance guidance confirms Airbnb/Vrbo state and City tax remittance but directs operators to pay County HOT; this conflicts with the ordinance's conditional City-and-County platform duty. Platform commencement dates and universal collection remain unresolved.

Taxes on guests & hosts

TaxRateApplies toPlatform collectsOfficial source
Texas State Hotel Occupancy Tax 6% Taxable sleeping-room/space receipts costing at least $15 per day. Texas §156.101 exempts a right to occupy for at least 30 consecutive days without interrupted payment. Comptroller guidance requires written advance notice to exempt the stay from the notice date; without advance notice, the first 30 days remain taxable. Other documented exemptions may apply. State filing is due the 20th of the following month, or following quarter if qualified. Not verified source
City of San Antonio Hotel Occupancy Tax 9% (7% general occupancy tax + 2% Convention Center expansion) Taxable sleeping-room receipts inside San Antonio city limits, including cleaning/readying charges and customary amenities; rooms under $2 per day are excluded. Current Texas §§351.002(c), 156.101 and 351.006 govern permanent-resident and government exemptions. The older city §31-66 instead describes full prepayment of the first 30 days and narrower federal-employee treatment. Those conditions conflict with current state law/Comptroller guidance and are not presented as controlling requirements; obtain Finance confirmation for a disputed exemption. Document exemptions and separately stated exclusions. Not verified source
Bexar County Hotel Occupancy Tax 1.75% Taxable sleeping-room receipts in Bexar County, including outside San Antonio, with a local $2-per-day threshold. Permanent-resident and other applicable exemptions require supporting documentation; a stay's length alone does not establish the treatment of its first 30 days. City collects the County portion. Not verified source

Enforcement

Penalties§16-1110(i) makes Article violations strict-liability Class C misdemeanors with $100–$500 fines upon culpability findings and separate daily offenses. §16-1110(g) sets $200–$500 per occurrence for permit-term violations, and $200–$500 per day/violation for unlawful occupancy; this is not a distinct verified flat civil-fine schedule. Public-nuisance violations may receive district-court injunctive relief. §16-1110(b) requires revocation for three or more confirmed citations accepted by Municipal Court over three separate occasions in a rolling three-year period, whether issued to operator or occupants; subsequent not-guilty/not-liable findings do not count. HOT arrears unpaid within 90 days after a delinquency notice lead to revocation. §16-1111 requires written revocation notice and bars reapplication for the same property for 12 months. False application documents cause denial plus a one-year bar for that owner at that property. Source: https://docsonline.sanantonio.gov/DSDUploads/2024-06-13-0433STROrdinance.pdf
Platform liability§16-1103(c) requires permit numbers on platform listings and removal within ten business days of a City notice identifying invalid/unpermitted/expired/revoked listings by URL and reason. §16-1104.01, effective September 12, 2024 under Section 8 of signed Ordinance 2024-06-13-0433, requires platforms collecting state HOT to collect/remit applicable City and County HOT; platforms not collecting state HOT have no such duty, leaving operators responsible. Current Finance guidance confirms Airbnb/Vrbo remit state HOT and says City collection began March 10, 2025, while the May 2026 auditor management response says February 1 collection with March 11 reporting for February. Those dates may concern different stages, but the sources do not establish a single reconciled commencement date. Finance/HOT fact-sheet instructions still require operators to pay County HOT, conflicting with the ordinance's platform-duty language. Actual County collection and collection by every other platform remain unresolved; all tax-row platform scalars remain null.
NotesThe ordinance authorizes inspections on reported/suspected violations and a Director meeting, abatement plan or administrative revocation for documented habitual problem properties. Current City Report-an-STR guidance describes inspection within three days of a report and a 14-day notice, then citation up to $500/day on failed reinspection; the September 29 fact sheet instead describes emailing the platform after the 14-day reinspection. These are published procedures, and the ordinance independently establishes the ten-business-day platform-removal deadline after City notice. The May 2026 auditor report reviewed October 2023–February 2025 and found inadequate unpermitted-property identification, nonreporting notices/revocations, revenue validation, delinquent-tax collection and contractor monitoring. Management accepted recommendations and described strengthened controls with fiscal-2026 action dates; subsequent implementation was not independently verified. City HOT fact sheet states late-payment penalties of 5% then another 5%, at least $5, and 10% annual interest (0.833% monthly) starting the second month after the reporting period. Comptroller guidance separately sets a $50 late-report penalty, 5% tax penalty for 1–30 days late, 10% after 30 days, and interest beginning day 61. Under §16-1112, a written permit appeal is filed with the Director or designee within 20 calendar days and heard by the BOA under §35-481; this is separate from the application for a density special exception. Under §16-1111, permits issued in error or on incorrect information, uncorrected violations and noncompliance may support suspension or revocation. Refusing a Director-required problem-property compliance meeting may also support revocation. The general hotel-tax article differs from STR-specific reporting guidance: §31-70(b) says reports arrive by the 20th, while newer §16-1104.01 and Finance STR guidance use month-end. Section 31-73 adds 5% of unpaid tax on each delinquent month after the first, not merely a one-time additional 5%; the fact sheet's shorter description may omit continuing penalties. Confirm Finance's actual applicable assessment rather than treating either summary as a complete penalty calculation. Section 31-74 allows referral for an injunction when the delinquent balance is over 60 days old; §31-75 provides an annually approved surety-bond alternative calculated from the six best revenue months of the prior year. General tax violations are Class C misdemeanors with $50–$500 fines under §31-76, distinct from STR-operation fines. The incorporated UDC §35-481 further calls for grounds and an appeal fee, filing with both the Director and BOA no later than the 20th day after the decision, a two-working-day completeness review and a decision within 60 days. A property-specific Tier Two appeal generally stays proceedings unless imminent peril is certified; appearance may be in person, by agent or attorney, and reversal requires 75% of board members. Section 211.011 of the Texas Local Government Code separately requires a verified court petition within ten days after the decision is filed in the board's office; local §35-481 ties that filing date to approval of the meeting minutes. Court review does not automatically stay proceedings. Confirm the specific permit notice's filing instructions and controlling procedure promptly. Current Texas §351.0042 instead provides municipal-tax interest from the day after the due date at the greater of the state statutory rate or the municipality's January 1, 2013 rate. This differs from the older local/fact-sheet accrual description above; it is not safe to use that summary as a complete current interest calculation. Section 351.004 separately permits a collection suit with specified costs and a 15% penalty after one complete delinquent fiscal quarter; this is not asserted as an automatic addition to every local assessment.

What we could not verify (17)

  • Current UDC §35-374.01 was recovered and read through the official API. Density must round down, authorized bed-and-breakfast establishments count, five-to-seven-unit multifamily properties allow one Type 2, and older rounding-approved renewals have a distinct exception. Parcel calculations and later uncodified zoning changes still require confirmation.
  • 2026-09-06 audit correction: Section 16-1104.01 conditionally requires a platform that collects Texas state HOT to collect City and Bexar County HOT; it does not establish that every platform actually collects state HOT. All collectedByPlatform fields are null pending platform-specific official evidence.
  • Current UDC §35-371 was recovered: permanent owner occupancy in the main or accessory unit, no rent for that occupied unit, notarized affidavit, covenant and ADU permit are required. STRs must also comply with §35-374.01; confirm parcel-specific classification/approval and any later uncodified changes.
  • Pre-October current BOA filing fee and signed FY2027 fee enactment were not recovered. Historical $400/$600 figures are not represented as verified current charges; the announced October 1, 2026 schedule lists $460/$690 plus applicable surcharges. Current §35-399.03 confirms at-most-three-year approvals and reapplication before expiry; a separate historical 45-day filing instruction remains unconfirmed.
  • The enacted ordinance says a platform collecting state HOT must collect applicable City and County HOT. The May 2026 City Auditor report confirms Airbnb and HomeAway began collecting City HOT in February 2025, while the City HOT fact sheet directs operators to continue paying County HOT. County collection and actual collection by other platforms remain unresolved.
  • The May 2026 City Auditor report identifies compliance-control deficiencies and management corrective actions. This audit did not verify whether every action plan was fully implemented after the report.
  • No comprehensive official docket and legislative-agenda search established the absence of pending litigation or later STR amendments through September 21, 2026.
  • Current consolidated UDC §§35-374.01, 35-371 and 35-399.03 were recovered and read. Rounding, ADU owner occupancy and special-exception term/renewal/nontransferability are now documented. The historical 45-day instruction, incorporated variance findings, later uncodified changes and parcel approvals still need confirmation.
  • Fees effective October 1, 2026 are supported by the City's FY2027 schedule and DSD announcement, but the underlying signed fee ordinance and pre-October surcharge/total/current BOA filing fee were not recovered. The September 29 fact sheet's Spanish BOA amounts ($400/$600) conflict with English ($460/$690).
  • Current Finance says Airbnb/Vrbo City-HOT payment began March 10, 2025; auditor management response says February 1 collection with March 11 reporting. The distinct collection/reporting dates have not been reconciled.
  • Insurance, independent extinguisher inspections, operational-compliance costs and separate HOT-registration charges are not fixed by the fetched sources; their cost fields remain null.
  • Texas HB2464's home-business law expressly preserves municipal STR rules and private restrictions; broader state-preemption/judicial constraints were not comprehensively established.
  • Litigation discovery surfaced Blue Line Housing LLC v. City of San Antonio Board of Adjustments, W.D. Tex. 5:25-cv-01588, in a secondary docket. Official ECF access failed; current case posture and any effect on STR rules require an official order/docket. No absence-of-litigation claim is made.
  • Current general hotel-tax §31-70(b) sets a 20th-day report deadline, while the newer STR-specific §16-1104.01 and Finance guidance use month-end. General §31-73 adds another 5% each delinquent month after the first, whereas the fact sheet describes only an additional 5%. Obtain Finance confirmation of the applicable STR reporting and penalty calculation; no simplified total is asserted.
  • The imported BOA procedure in §35-481 calls for filing with both Director and BOA, while STR-specific §16-1112 names the Director/designee. The draft includes both provisions; confirm the precise permit-notice filing route, fee, stays and judicial deadline. General §211.011 judicial review is distinct from special statutory proceedings.
  • Current Texas §§351.002(c), 351.006 and 156.101/156.103 differ from older city §31-66 on permanent-resident prepayment and federal-employee exemptions. Section 351.0042 also differs from local/Finance descriptions of interest accrual. State law is presented separately; Finance's implementation and a disputed exemption or complete assessment require confirmation.
  • The current §35-311 residential matrix leaves the R-3/R-2/R-1 STR cell blank, unlike the broad City guidance permitting residential districts. Other listed residential columns are P. Confirm the reason for this discrepancy and the parcel's lawful use; the record does not infer a citywide ban or permission for those three districts.

Sources

A markdown mirror of this page lives at /san-antonio-tx.md for AI tools and researchers.

STRWatch publishes educational information about short-term rental regulation, checked against the official sources linked above as of the date shown. It is not legal advice, and rules change — a city can move between the times we check it. For decisions with money at stake, confirm with the authority linked above or a local attorney.