Is short-term rental legal in San Antonio, TX?
San Antonio permits STRs in two types: Type 1 (owner-occupied) and Type 2 (non-owner-occupied) — and Type 2 permits are density-capped at 12.5% of the properties on a block face.
Rules checked October 2026
Run the San Antonio verdict on your facts
| What counts as a short-term rental | San Antonio permits STRs in two types: Type 1 (owner-occupied) and Type 2 (non-owner-occupied) — and Type 2 permits are density-capped at 12.5% of the properties on a block face. |
|---|---|
| Permit / license | STR Permit — Type 1 (owner-occupied) or Type 2 (non-owner-occupied) — issued by San Antonio Development Services |
| Fee | Type 1 about $100; Type 2 about $350 (city schedule) |
| Renewal | Permits run 3 years |
| Primary-residence rule | The split is by type: Type 1 requires the owner living on site; Type 2 is the investment form, capped by block-face density. |
| Whole-home rental | Whole-home rental is lawful under either permit type, subject to the Type 2 density cap. |
| Night cap | — |
| Guests / occupancy | Occupancy by permit (2 per bedroom + 2 pattern) |
| Minimum stay | None |
| Zoning | Type 2's 12.5%-per-block-face cap is the zoning fact: a full block face forecloses new Type 2 permits. |
| Density / scarcity | Type 2 (non-owner-occupied) permits capped at 12.5% of properties per block face |
| Fines | Unpermitted operation draws code fines under the city schedule and permit denial consequences |
| Taxes | City HOT registration accompanies the permit; state HOT collected by platforms. |
| Platform duties | Permit numbers belong on listings; the city enforces by scrape and complaint. |
| State layer | No state preemption (the legislature has repeatedly declined). Cities regulate hard: Austin licenses, Houston registers (first regime, Jan 1 2026), Dallas's single-family ban has been litigated since 2023. Read the city layer, not the state. |
What trips hosts in San Antonio
- San Antonio's density cap is measured on your block face — your two nearest competitors can consume your eligibility.
- Type 1 vs Type 2 is a facts question (where do you sleep), not a preference.
The private layer still applies
These are the city's rules. Your HOA, condo board, lease or mortgage can say no on top of them — that layer is printed as a warning in the checker, never merged into the city's verdict.
Sources: San Antonio UDC § 35-231 et seq. (STR permits) · Development Services STR program. Rules checked October 2026.