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Waco, TX Short-Term Rentals: Occupancy Limits (2026)

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

Key Facts

Base limit
2 adults per bedroom + 2 per unit
R-1 district cap
4 unrelated occupants max
Governing section
Code Sec. 13-471(e)
Enforcement
License revocation, Sec. 13-472
Disclosure required
Occupancy limit on unit sign & listings
Appeal window
15 days to city council

Summary

Waco caps overnight occupancy in every licensed bed and breakfast and short-term rental at two adults per bedroom plus two additional adults per unit, under Code of Ordinances Sec. 13-471(e). In the R-E, R-1A, R-1B and R-1C single-family districts, a homestay, Type I or Type II rental also cannot house more than four unrelated individuals at once. The city posts these limits on a required in-unit sign and in every listing.

(e)Occupancy.(1)The maximum number of adults allowed to reside in any bed and breakfast facility or short-term rental facility is two adults per bedroom plus two additional adults per rental unit.(2)In R-E, R-1A, R-1B, and R-1C zoning districts, a bed and breakfast homestay establishment, a short-term rental type I or a short-term rental type II may not be occupied by more than four individuals unrelated by blood, marriage, or adoption at any given time.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 88).

Full Breakdown

The occupancy cap sits inside Article XIII of Chapter 13, the bed and breakfast and short-term rental facility licensing article the city adopted by Ordinance No. 2017-704 and amended in 2020. Section 13-471(e)(1) sets the baseline formula citywide: two adults per bedroom plus two additional adults per rental unit, regardless of zoning district. Section 13-471(e)(2) layers a stricter, unrelated-persons cap on top of that formula inside the R-E, R-1A, R-1B and R-1C single-family zoning districts, where a bed and breakfast homestay establishment, short-term rental type I, or short-term rental type II may not be occupied by more than four individuals who are not related by blood, marriage, or adoption at any one time.

The two caps work together: even a large house with enough bedrooms to clear the per-bedroom math cannot legally host a five-person unrelated group in those residential districts. The planning services department enforces the limit administratively rather than only through police calls: under Section 13-470(e), the department furnishes contact information for the designated operator to every property owner within 200 feet of the rental, and requires a sign posted in the common area of each unit listing the owner or operator's contact information, the license number, and the occupancy limits and requirements set forth in the license.

Section 13-470(f) goes further and requires the license number and occupancy limit to appear in all marketing materials, advertisements, and online listings for the property, so a host cannot advertise beds for more guests than the license allows. Because the occupancy rule is a license condition, not a freestanding offense, the practical enforcement path runs through Section 13-472, which lets the director of planning services revoke, suspend, or deny a license for any violation of the article's conditions.

Violations & Fines

Operating over the licensed occupancy limit is grounds for the director of planning services to immediately revoke, suspend, or deny renewal of the bed and breakfast or short-term rental license under Section 13-472(1), and a repeat or serious violation can also trigger denial based on a threat to public health or safety under Section 13-472(3). A licensee may appeal any revocation, suspension, or denial to the city council within 15 days under Section 13-473, but the property cannot operate as a short-term rental during the appeal.

Frequently Asked Questions

How many guests can stay in a Waco short-term rental?
The formula is two adults per bedroom plus two additional adults per rental unit, set by Code of Ordinances Sec. 13-471(e)(1). A three-bedroom short-term rental, for example, could legally sleep eight adults under that math, though the license itself states the exact occupancy number that must be posted and advertised.
Does the occupancy limit change in single-family neighborhoods?
Yes. In the R-E, R-1A, R-1B and R-1C zoning districts, Sec. 13-471(e)(2) additionally bars a homestay, short-term rental type I, or short-term rental type II from housing more than four people unrelated by blood, marriage, or adoption at any given time, even if the per-bedroom math would allow more.
What happens if a host advertises more sleeping capacity than the license allows?
Sec. 13-470(f) requires the license number and occupancy limit to appear in all marketing materials, advertisements, and online listings. Advertising or hosting beyond the licensed limit is a violation of the license conditions and can lead the director of planning services to revoke or suspend the license under Sec. 13-472.

Sources & Official References

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