San Antonio, TX Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Owner-occupancy rule
- Owner must live in main house or ADU
- Rent ban
- No rent allowed on the owner-occupied unit
- Recorded proof
- Notarized affidavit plus covenant recorded with county
- ADU size cap
- 800 sq ft or 50% of primary home, max 1,600
- STR overlay
- Short-term rental ADUs must also meet Sec. 35-374.01
- Fine range
- $100 to $2,000 per offense, Sec. 35-491(c)(2)
Summary
San Antonio bars pure rental income from accessory dwelling units: the property owner must live in either the main house or the ADU as a permanent residence and can never collect rent on the unit they occupy. A notarized affidavit and a covenant recorded with the county lock this rule to the deed, and any ADU rented short-term must separately clear UDC Section 35-374.01.
The property owner, which shall include title holders and contract purchasers, must occupy either the principal unit or the accessory dwelling as their permanent residence, and shall at no time receive rent for the owner-occupied unit. "Owner occupancy" means a property owner, as reflected in title records, makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means. The property owner shall sign an affidavit before a notary public affirming that the owner occupies either the main building or the accessory dwelling. The applicant shall provide a covenant suitable for recording with the county recorder, providing notice to future owners or long term leases of the subject lot that the occupancy of the accessory dwelling unit is predicated upon the occupancy of either the accessory dwelling or the principal dwelling by the owner of the property. ... Accessory dwelling units used as short-term rentals must comply with Section 35-374.01.
Full Breakdown
Section 35-371(a) of the Unified Development Code, titled Accessory Dwellings, ties every accessory dwelling unit (ADU), also known locally as a carriage house, granny flat or echo home, to an owner-occupancy covenant rather than allowing pure rental income. ' Before occupancy the owner must sign a notarized affidavit confirming which unit they occupy, and the applicant must record a covenant with the county recorder putting future owners and long-term lessees on notice that occupancy of the ADU depends on the owner living in one of the two units.
No ADU may be constructed, used, or occupied without a separate accessory dwelling permit under subsection (a)(2). Size is capped at 800 square feet or 50 percent of the primary structure's gross floor area, whichever is less, up to 1,600 square feet citywide (1,200 square feet in the 'RE' district), excluding covered porches, per subsection (a)(3). 01, the citywide short term rental ordinance covering type designation, density limits and permitting, on top of the owner-occupancy rule in this section. A detached ADU (ADDU) is limited to one per lot, a 25-foot/two-story height cap, and a five-foot rear/side setback reduced to three feet where the structure has no roof overhang, under subsection (b); an attached ADU must instead meet the primary structure's zoning setbacks under subsection (c)(1).
Violations & Fines
Section 35-371 sits in UDC Article III, Zoning, so violations carry Section 35-491(c)(2) penalties: a criminal fine of $100 to $2,000 per offense, rising to a $200 minimum on a second conviction and a $300 minimum on a third and later conviction, with each day of noncompliance a separate offense. The city may also pursue a civil penalty of up to $1,000 per day and can sue to enjoin an unauthorized rental or force vacancy of the unit under Section 35-491(a).
Frequently Asked Questions
Can I rent out both units of my San Antonio ADU property?
What proof does San Antonio require of ADU owner-occupancy?
Can I list my San Antonio ADU on Airbnb?
What happens if I violate San Antonio's ADU occupancy rule?
Sources & Official References
Other rules in San Antonio
Texas rules heatmap·Compare San Antonio to another location·View the Texas accessory structures overview
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