Host Presence Rule: Austin vs Denver
How do host presence rule rules compare between Austin, TX and Denver, CO?
Austin and Denver have similar restriction levels.
Austin, TX
Travis County
Austin City Code Chapter 25-2 establishes three STR license types, and Type 1 requires the operator to occupy the property as a primary residence. Type 2 (non-owner-occupied) and Type 3 (multifamily) carry stricter limits, density caps, and ongoing litigation over permitted neighborhoods.
View full Austin rules →Denver, CO
Denver County
Denver short-term rentals under DRMC 33-202 must be the licensed host's primary residence. Hosts may rent rooms or the entire home only when away. One STR license per person; non-primary investor properties cannot operate as STRs in Denver.
View full Denver rules →Key Facts Comparison
| Fact | Austin | Denver |
|---|---|---|
| Code chapter | Austin LDC Chapter 25-2 | - |
| Type 1 | Owner-occupied primary home | - |
| Type 2 | Non-owner whole-home, restricted | - |
| Type 3 | Multifamily commercial | - |
| Severity | Strict — among toughest in TX | - |
| Code reference | - | DRMC 33-202 |
| Primary residence | - | Required for license |
| Licenses per person | - | One only |
| Tax obligation | - | Denver Lodger's Tax |
Highlighted rows indicate differences between cities.
Austin FAQ
Must an Austin Type 1 STR host stay on-site during a booking?
Type 1 requires the unit to be the operator's principal residence but allows whole-home rental during absences or hosted home-share. The principal-residence test is what defines Type 1, not literal nightly presence.
Can I open a non-owner-occupied STR in an Austin neighborhood?
Type 2 licenses for non-owner whole-home STRs in residential zones have been restricted since 2016. Litigation continues to shape availability; new Type 2 applicants in residential areas typically cannot get a license.
Denver FAQ
Can I run an Airbnb at my Denver investment condo?
No. DRMC 33-202 allows only your primary residence as a Denver STR. Investment, second-home, and corporate-owned units cannot get STR licenses. Long-term unfurnished rentals over 30 days are unaffected by the rule.
Can my Denver STR rent the whole house when I travel?
Yes. Hosts may rent the entire primary residence while temporarily away as long as it remains their primary residence year-round. Continuous absence beyond half the year forfeits primary residence status.
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