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Santa Fe, NM Short-Term Rentals: Occupancy Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Occupancy formula
2 guests per bedroom
1-bedroom example
2-guest maximum
Event trigger
gathering over 2x legal guest limit
Bedroom basis
confirmed by certificate of occupancy
Penalty
$100-$500 civil fines, revocation risk

Summary

Santa Fe caps short-term rental occupancy at exactly twice the bedroom count. Section 14-6.2(A)(5)(e)(viii) sets the guest limit for every permitted or registered unit, so a two-bedroom rental may host no more than four guests and a four-bedroom rental no more than eight, regardless of square footage.

(viii)The total number of guests that may occupy a short-term rental unit is twice the number of bedrooms.

Full Breakdown

2(A)(5)(e)(viii) of the Santa Fe Land Development Code fixes short-term rental occupancy with a simple formula: total guests cannot exceed twice the number of bedrooms in the unit, so a one-bedroom rental tops out at two guests and a three-bedroom rental at six, with no separate allowance for living rooms, dens, or square footage. The cap does double duty in the ordinance's enforcement scheme. 2(A)(5)(e)(vii) bars residentially zoned short-term rentals from hosting commercial activities or 'events,' and it defines an event as any gathering that draws more than twice the number of legally allowed guests, meaning a party that exceeds the occupancy cap by that margin is automatically treated as an unlawful event rather than an over-capacity rental alone.

2(A)(5)(e)(iv). 2(A)(5) and is exposed to the same civil fine schedule, ranging from $100 for a first offense to $500 for a third, that covers every other violation of the short-term rental ordinance.

Violations & Fines

Renting or advertising a short-term rental unit to a guest count above twice its bedroom total violates Section 14-6.2(A)(5)(e)(viii) and, once the overage exceeds double the legal limit, may also constitute an unlawful 'event' under Section 14-6.2(A)(5)(e)(vii). Both fall under Section 14-6.2(A)(5)(l), with civil fines of $100 to $500 across repeat offenses within 36 months.

Frequently Asked Questions

How many guests can stay at a Santa Fe short-term rental?
Section 14-6.2(A)(5)(e)(viii) limits total guests to twice the number of bedrooms in the unit, so a two-bedroom short-term rental may host no more than four people at once, and the limit applies regardless of the property's overall square footage.
Is a large gathering at a Santa Fe short-term rental automatically illegal?
It becomes an unlawful 'event' once it exceeds twice the legally allowed guest count under Section 14-6.2(A)(5)(e)(vii), which bars non-residential activity on residentially zoned short-term rental property. A gathering that stays within the occupancy cap of Section 14-6.2(A)(5)(e)(viii) does not trigger this separate event rule.
Does bedroom count for occupancy come from the listing or the city's records?
The city's own certificate of occupancy, required before a permit or registration issues under Section 14-6.2(A)(5)(e)(iv), establishes the bedroom count the land use director uses to enforce the twice-the-bedrooms guest cap, not whatever number an owner advertises on a host platform.

Sources & Official References

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