San Antonio, TX Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Type 1 requirement
- Owner or operator occupied
- Type 2 requirement
- Not owner or operator occupied
- Type 2 restriction
- Must rent entire dwelling unit
- Governing section
- Sec. 16-1107(a)-(b)
- Occupancy proof
- Homestead exemption or vehicle registration
Summary
San Antonio's Type 1 short-term rental category is reserved for units that are owner- or operator-occupied under Sec. 16-1107(a). A non-owner-occupied unit must instead permit as a more restricted Type 2 rental, which cannot rent less than a whole dwelling and pays a higher fee.
(a)Short term rental (Type 1) regulations: This subsection applies to a short term rental use that is rented for periods of less than thirty (30) consecutive days; and property is owner or operator occupied. A short term rental use under this section may include the rental of less than an entire dwelling unit, if the following conditions are met:(1)A sleeping area must at a minimum include the shared use of a full bathroom; ... (b)Short term rental (Type 2) regulations. This subsection applies to a short term rental that is rented for periods of less than thirty (30) consecutive days; and is not owner or operator occupied. A short term rental use under this section may not:(1)Include the rental of less than an entire dwelling unit;
Full Breakdown
Section 16-1107 of the City Code splits San Antonio short-term rentals into two regulatory tiers based on whether the host actually lives there. Type 1 STRs, defined in Sec. 16-1107(a), apply to rentals of less than thirty consecutive days on property that "is owner or operator occupied," and only this tier may rent out less than an entire dwelling unit, such as a single bedroom, provided the sleeping area includes at least shared use of a full bathroom. Type 2 STRs, defined in Sec. " A Type 2 unit may not rent less than the entire dwelling, and if it comes up for permit renewal after receiving a city notice of violation tied to life, health or public safety, the building official can order an inspection before the permit is renewed.
Sec. 16-1101 pins down what "occupied" means for each status: owner occupied requires the title-holder to make the property their legal residence, evidenced by a homestead exemption or vehicle registration; operator occupied requires a lessee with the owner's written permission to do the same. Sec. 16-1103(b) further limits how many non-owner-occupied units on one lot can qualify as Type 1 to just the units on the same parcel as an owner-occupied unit; additional non-owner-occupied units on that parcel are automatically classed Type 2.
Violations & Fines
Misclassifying a non-owner-occupied unit as Type 1, or renting out a partial unit under a Type 2 permit, violates Sec. 16-1107 and is enforceable under Sec. 16-1110; operating under the wrong permit tier is a class C misdemeanor fined $100 to $500 per occurrence, and the city can revoke the permit and bar reapplication on that property for twelve months.
Frequently Asked Questions
Can I rent out just one bedroom in my San Antonio home?
I own a rental house I don't live in. What tier applies?
How does the city prove I actually live at the property?
Sources & Official References
Other rules in San Antonio
Texas rules heatmap·Compare San Antonio to another location·View the Texas short-term rentals overview
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