Austin, TX Short-Term Rentals: Night Caps (2026)
Key Facts
- No annual night
- No annual night cap in Austin
- Type 1 (owner-occupied)
- Type 1 (owner-occupied) allowed year-round
- Type 2 generally
- Type 2 generally banned in SF residential
- Zaatari ruling limited
- Zaatari ruling limited the phase-out
- Rate
- 17%
Summary
Austin does not impose an annual night cap on STR rentals like San Francisco's 90-day rule or Palm Springs' 32-day limit. However, Type 2 non-owner-occupied STRs are restricted in residential zones, and all STRs face occupancy and noise limits that effectively constrain heavy event-style bookings.
City ordinance governs these matters in section 4-23-34 of the City Code . An STR licensee or guest may not: Use or allow the use of sound equipment that produces sound in excess of 75 decibels at the property line between 10 a.m. and 10 p.m. Use or allow use of sound equipment that produces sound audible beyond the property line between 10 p.m. and 10 a.m. Make or allow another to make noise or play a musical instrument audible to an adjacent business or residence between 10:30 p.m. and 7 a.m. Advertise or promote, or allow another to advertise or promote, the dwelling as a short-term rental if it is not licensed as such.
Full Breakdown
Austin's 2016 STR ordinance attempted to phase out Type 2 (non-owner-occupied) STRs from SF-zoned residential areas by 2022, but that phase-out was limited after litigation (Zaatari v. City of Austin, affirmed by the Texas Third Court of Appeals). The current regime allows Type 1 (owner-occupied, primary residence) STRs without annual night caps, meaning hosts can rent 365 days as long as the home remains their primary residence. Type 2 (non-owner-occupied) is generally prohibited in SF-1 through SF-3 zones but permitted in MF, commercial, and mixed-use zones with density caps. Type 3 (duplex/multifamily in commercial zones) has no night cap either. Unlike California destination cities, Austin has not adopted annual rental-night maximums; instead, enforcement relies on occupancy, noise, parking, and zoning. Texas Tax Code §351 imposes Hotel Occupancy Tax on every night rented (6% state + 9% Austin HOT + 2% venue = 17%), which platforms typically collect.
Frequently Asked Questions
How many days can I rent my Austin home?
Do I owe HOT on one-night stays?
Sources & Official References
Other rules in Austin
Texas rules heatmap·Compare Austin to another location·View the Texas short-term rentals overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.