Edinburg, TX Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- City Occupancy Cap
- None verified
- Default Standard
- IPMC habitable-area rules
- 30-Day Threshold
- Tex. Tax Code Sec. 156.101
- State HOT
- 6% (Tex. Tax Code Ch. 156)
- City HOT Cap
- 7% (Tex. Tax Code Sec. 351.003)
- Development Center
- (956) 388-8203
Summary
Edinburg has not published a verified short-term-rental occupancy formula. STR occupancy defaults to the International Property Maintenance Code adopted by the city and to the 30-day Texas Tax Code Ch. 156 threshold above which state and local hotel occupancy taxes no longer apply. Confirm the current per-bedroom or per-square-foot cap with the Edinburg Development Center.
Sec. 92.010. OCCUPANCY LIMITS. (a) Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling.(b) A landlord may allow an occupancy rate of more than three adult tenants per bedroom:(1) to the extent that the landlord is required by a state or federal fair housing law to allow a higher occupancy rate; or(2) if an adult whose occupancy causes a violation of Subsection (a) is seeking temporary sanctuary from family violence, as defined by Section 71.004, Family Code, for a period that does not exceed one month.(c) An individual who owns or leases a dwelling within 3,000 feet of a dwelling as to which a landlord has violated thi
Full Breakdown
Edinburg has not published a verified ordinance setting a numeric short-term-rental occupancy cap (such as two-per-bedroom). Without an STR-specific rule, occupancy defaults to the International Property Maintenance Code (IPMC) provisions adopted through the Edinburg building code, which set minimum bedroom-area and overall habitable-space requirements per occupant. Texas Tax Code Chapter 156 defines a stay of 30 consecutive days or longer as a permanent-resident exemption from state hotel occupancy tax (6 percent under Ch. 156) and from local municipal hotel occupancy tax authorized by Tax Code Chapter 351 (capped at 7 percent for most general-law and home-rule cities), so any rental over 30 days falls outside the STR/HOT regime entirely.
Texas has no statewide STR occupancy preemption and no statewide STR insurance mandate; Texas cities retain home-rule authority under the Local Government Code to set occupancy caps if they choose. Third-party Airbnb-host sites have circulated claims of an Edinburg "Chapter 23" STR ordinance with $250/$500 permit fees, but no primary Edinburg source verifies this. Confirm with the Edinburg Development Center, 311 N. com.
Violations & Fines
Because no Edinburg ordinance fixes a per-bedroom guest cap, enforcement focuses on IPMC overcrowding (insufficient sleeping-area square footage per occupant) and on nuisance-code violations triggered by oversized gatherings. Failure to register for and remit Texas state HOT (6 percent under Tax Code Ch. 156) or any city HOT to the Edinburg Tax Department is a separate tax violation.
Frequently Asked Questions
How many guests can stay at an Edinburg short-term rental?
When does my Edinburg rental stop being a short-term rental for tax purposes?
Sources & Official References
Other rules in Edinburg
Texas rules heatmap·Compare Edinburg to another location·View the Texas short-term rentals overview
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Occupancy Limits in Nearby Cities
How other cities in Hidalgo County handle occupancy limits.