Waco, TX Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Type I / homestay
- Owner/operator must live in primary structure & be present
- Type II and III
- Owner-occupancy is NOT required
- Homestay cap
- 5 guest rooms max
- B&B inn cap
- 15 guest rooms max
- Separation rule
- 500 ft between licensed Type I/homestay units in R zones
Summary
Waco does not require every short-term rental to be an owner's primary residence. The licensing code creates three rental types, and only "short-term rental type I" and "bed and breakfast homestay" licenses require the owner or a designated operator to live in the primary structure and be present for the whole rental; type II and type III properties can be non-owner-occupied investment units.
Short-term rental type I shall mean an owner or a designated operator occupied residential property where short-term lodging is provided to only one group at a time per dwelling unit. Non-conforming single family residential properties that contain more than one dwelling unit shall rent to only one group at a time. The owner or a designated operator must reside in the primary structure on the property and be present at the property for the duration of any short-term rental. ... Short-term rental type II shall mean a single family or duplex residential property where short-term lodging is provided to only one group at a time per dwelling unit. ... The owner or a designated operator does not reside on the property or is not present at the property for the duration of any short-term rental.
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
Section 13-465 defines the license categories that determine whether owner-occupancy is required. A "bed and breakfast homestay establishment" is an owner- or designated-operator-occupied property with no more than five guest rooms, where the owner or operator must reside on the property and be present for the duration of any rental. "Short-term rental type I" carries the same residency and presence requirement: the owner or designated operator must reside in the primary structure on the property and be present for the duration of the rental, and non-conforming properties with more than one dwelling unit may only rent to one group at a time.
By contrast, "short-term rental type II" (a single-family or duplex property) and "short-term rental type III" (a multi-family property) are both defined as properties where "the owner or a designated operator does not reside on the property or is not present at the property for the duration of any short-term rental," meaning Waco expressly permits absentee-owner short-term rentals under those two license types. All four categories still require a license under section 13-466, and section 13-471(a) imposes a 500-foot separation between two licensed type I or homestay units in the R-E, R-1A, R-1B, R-1C, and R-2 zoning districts, a spacing rule that does not apply to type II or III properties.
Violations & Fines
Operating without the correct license type, or misrepresenting which type applies, exposes the licensee to revocation or suspension under section 13-472 if the licensee, designated operator, or a guest has violated any provision of the article or license condition, and to prosecution under the Code of Ordinances general penalty, section 1-14, with a fine of $1.00 to $500.00 per offense.
Frequently Asked Questions
Does Waco require short-term rental hosts to live on-site?
What's the difference between Waco's short-term rental Type I and Type II licenses?
Can I rent an investment property as a Waco short-term rental without living there?
How far apart must owner-occupied short-term rentals be in Waco?
Sources & Official References
Other rules in Waco
Texas rules heatmap·Compare Waco to another location·View the Texas short-term rentals overview
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