El Paso ADUs may be used for long-term rentals (30+ days) subject to zoning district limits. Short-term rentals under 30 days are regulated under Chapter 3.36 (Short-Term Rentals), which requires city registration, Hotel Occupancy Tax registration, and compliance with operational standards. Texas Property Code Sec. 92.018 governs landlord-tenant relations for long-term residential leases.
Long-term ADU rentals (30 days or more) are permitted in El Paso so long as the zoning district allows two-family use (R-2 and higher) or the R-1 single-family district arrangement is preserved (owner occupies one of the two units). Long-term rentals fall under Texas Property Code Chapter 92 (residential landlord-tenant). For short-term rentals (under 30 days, Airbnb/Vrbo), El Paso adopted Municipal Code Chapter 3.36 in 2019 and 2020, requiring (1) STR registration with the city, (2) Hotel Occupancy Tax (HOT) registration and collection (city HOT rate of 9% plus state HOT of 6% = 15% combined), (3) local-contact-person designation reachable within one hour, (4) occupancy limits (typically two persons per bedroom plus two), and (5) compliance with operational standards. STRs in HOA-restricted subdivisions remain subject to HOA enforcement separately. Texas does NOT have a statewide STR preemption (compare Florida Sec. 509.032, Arizona's previous A.R.S. Sec. 9-500.39), so El Paso retains full local control. Texas SB 987 and SB 280 (88th legislature, 2023) made some adjustments to short-term rental regulation but did not preempt city authority to license STRs.
Unlicensed STR: Chapter 3.36 citations starting around $500 per offense, with escalating fines and possible license denial. HOT non-collection: separate Texas Comptroller enforcement. Long-term rental in violation of R-1 use limits: Title 20 zoning citation, possible eviction/cessation order.
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See how El Paso's adu rental restrictions rules stack up against other locations.
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