El Paso County, CO Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Rental status
- leasing/renting prohibited
- Allowed occupants
- occasional non-paying guests only
- Kitchen condition
- recorded no-rental affidavit required
- If rented
- treated as illegal second dwelling
Summary
A guest house on an unincorporated El Paso County lot can only house occasional, non-paying guests: leasing or renting it is prohibited and turns it into an illegal second dwelling.
(F) Occupancy Limited. A guest house shall only be utilized for occasional, no-paying guests or visitors, and may not be leased or rented. An occasional occupant may not receive mail, enroll in k-12 school, or establish permanent residency at the guest house. (C) Kitchen Allowed. A guest house shall not have a kitchen unless an affidavit signed by the owner is filed for recording with the Clerk and Recorder acknowledging that the guest house may not be leased or rented.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Land Development Code: Supplement 3 | Drainage Criteria Manual: Publication | Engineering Criteria Manual: Supplement 3 | Ordinances: Reformat).
Full Breakdown
Section 5.2.28(F) limits occupancy of a guest house to occasional, non-paying guests or visitors of the family in the principal dwelling, and states the space may not be leased or rented. An occupant may not receive mail there, enroll a child in K-12 school from the address, or establish permanent residency. Section 5.2.28(C) reinforces the rule by requiring the owner to file a recorded affidavit with the Clerk and Recorder acknowledging the guest house will not be leased or rented before it can include a kitchen. A structure that is in fact rented no longer qualifies as a guest house and instead is treated as an unauthorized second dwelling requiring variance of use approval.
Violations & Fines
Leasing or renting a guest house, or letting an occupant establish permanent residency, mail service, or school enrollment there, violates Section 5.2.28(F) and can force removal or a variance of use application.
Frequently Asked Questions
Can I rent out my El Paso County guest house?
Can a guest house have a kitchen?
Sources & Official References
Other rules in El Paso County
Compare El Paso County to another location·View the Colorado accessory structures overview
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