San Antonio County, Texas Short-Term Rental Regulation: A Guide For Airbnb Hosts

What are Short-Term Rental (Airbnb, VRBO) Regulations in San Antonio County, Texas?

Short-term rentals like Airbnb and VRBO have become increasingly popular in San Antonio County, Texas. However, operating an STR comes with various regulations that owners must follow. These rules are typically outlined in zoning codes, planning codes, county ordinances, and discussed on real estate forums. Let's dive into the key regulations for STRs in San Antonio County.

Starting a Short-Term Rental Business in San Antonio County

To legally launch and operate a short-term rental in San Antonio, property owners must obtain a Short Term Rental permit. The city distinguishes between two types of STRs:

• Type 1 - Owner-occupied properties
• Type 2 - Non-owner-occupied properties

Permits cost $100 for a 3-year period and are non-transferable. One permit is required per individual unit.

In addition to the permit, STR owners must register with the City of San Antonio Finance Department for a Hotel Occupancy Tax (HOT) account. Hosts are required to collect and remit a 9% city HOT and 1.75% Bexar County HOT on a monthly basis, even if there was no rental activity. Failure to comply can result in fines, penalties, and interest on unpaid taxes.

One Airbnb host on Bigger Pockets shared their experience of being unaware of the HOT filing requirements and now owing back taxes, penalties, and interest, putting them "very much in the negative".

STRs are permitted in various zoning districts, including residential, O-1, O-1.5, O-2, NC, C-1, C-2, and D commercial zones. However, Type 2 STRs are subject to density limitations. In multi-family buildings, no more than 12.5% of the total units can be Type 2 STRs by right. Exceeding this threshold requires a special exception from the Board of Adjustment.

Other key regulations include:

1. Maximum occupancy defined by the San Antonio Property Maintenance Code
2. Parking requirements per the Unified Development Code
3. Life safety standards (fire extinguishers, smoke/CO detectors, evacuation plans)
4. Prohibition on using STRs for party and wedding events

The city estimates that approximately 1,100 STRs are operating without a permit, although the actual number could be much higher based on data showing over 11,000 active listings. In June 2024, the City Council approved amendments to the STR ordinance, increasing permit fees to $300 for Type 1 and $450 for Type 2 rentals. The changes also require STR booking platforms like Airbnb to remove unpermitted listings and remit HOT taxes directly to the city.

Overall, navigating the regulatory landscape for short-term rentals in San Antonio County requires careful attention to permitting, tax compliance, zoning restrictions, and operational standards. Failure to adhere to these rules can result in financial penalties and legal issues for STR owners.

Short-Term Rental Licensing Requirement in San Antonio County

To legally operate a short-term rental in San Antonio County, property owners must obtain a Short Term Rental permit from the City of San Antonio's Development Services Department (DSD). The city distinguishes between two types of STRs:

1. Type 1 - Owner-occupied properties
2. Type 2 - Non-owner-occupied properties

To apply for a permit, owners must submit the following:

1. A completed application form
2. A list of all owners, operators, and agents with contact information
3. A sketch or description of available parking spaces
4. A floor plan identifying sleeping areas, maximum occupancy, evacuation routes, and fire extinguisher locations
5. Contact information for a designated agent responsible for responding to complaints
6. Proof of registration with the City of San Antonio Finance Department for Hotel Occupancy Tax (HOT) collection
7. A statement of compliance with STR standards and requirements
8. Proof of General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 aggregate

Permit applications must be submitted in person at the DSD office located at 1901 S. Alamo, San Antonio, TX 78204. The permit fee is $100 for a 3-year period and is non-transferable. One permit is required per individual STR unit.

In addition to the permit, STR owners must register with the City of San Antonio Finance Department for a HOT account. Hosts are required to collect and remit a 9% city HOT and 1.75% Bexar County HOT on a monthly basis, even if there was no rental activity. Failure to comply can result in fines, penalties, and interest on unpaid taxes.

Failing to obtain a proper STR permit can result in fines of up to $500 per offense, with each day constituting a separate violation. Code Enforcement Services investigates unlicensed STRs within 3 days of receiving a complaint and provides property owners 10 days to address the issue before potentially filing a case with Municipal Courts.

Required Documents for San Antonio County Short-Term Rentals

To legally operate a short-term rental in San Antonio County, owners must obtain and submit several required documents. These ensure compliance with local regulations and establish the property's eligibility for STR use. The key documents include:

Hotel Occupancy Tax (HOT) Account Registration: All STRs in San Antonio County must register for a HOT account number through the City of San Antonio's online payment portal. This allows for proper reporting and remittance of the 9% San Antonio HOT and 1.75% Bexar County HOT. Registration is done through the Avenu Insights & Analytics system contracted by the city.

Short-Term Rental Permit Application: STRs within San Antonio city limits must submit a permit application to the Development Services Department (DSD). The application requires property details, type of STR (Type 1 or Type 2), and owner/operator contact information. It must be accompanied by a $100 application fee (non-refundable) and include:

1. A sketch or description of available parking spaces
2. A floor plan identifying sleeping areas, maximum occupancy, evacuation routes, and fire extinguisher locations
3. Contact information for a designated agent responsible for responding to complaints
4. Proof of registration with the City of San Antonio Finance Department for HOT collection
5. A statement of compliance with STR standards and requirements
6. Proof of General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 aggregate

Proof of Primary Residence (Type 1 STRs only): For Type 1 STRs where the owner or operator resides on the property, proof of primary residence must be provided. Acceptable documentation includes a homestead exemption, vehicle registration, or a valid permanent driver's license showing the STR address. Voter registration cards alone are insufficient and must be coupled with another form of verification.

Liability Insurance Policy: The City of San Antonio requires STR hosts to maintain liability insurance sufficient for guest personal injury liability. While no specific coverage amount is stipulated, the policy must adequately protect guests.

Evacuation Plan: An evacuation plan must be visibly posted in each STR unit. This plan should clearly indicate primary and secondary exits from sleeping areas and the overall property.

These documents help ensure STRs in San Antonio County operate legally and responsibly. Failure to obtain and submit required documentation can result in fines, penalties, and legal issues. For further assistance, STR owners can contact the City of San Antonio's DSD and Finance Department, or consult with the Short Term Rental Association of San Antonio (STRASA).

San Antonio County Short-Term Rental Taxes

Short-term rental owners in San Antonio County must navigate various taxes at the city, county, and state levels. Understanding these tax obligations is crucial for legal compliance and the financial health of your rental business. Here's a breakdown of the key taxes applicable to STRs in San Antonio County:

San Antonio Hotel Occupancy Tax (HOT)

The City of San Antonio imposes a 9% HOT, which consists of a 7% general occupancy tax and an additional 2% for the Convention Center expansion. This tax applies to all STRs within San Antonio city limits.

Bexar County HOT

On top of the city tax, Bexar County levies a 1.75% HOT. The City of San Antonio collects this tax on behalf of the county.

Texas State Hotel Occupancy Tax

STR owners must also pay a 6% state occupancy tax directly to the Texas Comptroller's Office. This is in addition to the city and county taxes.

In total, STR owners in San Antonio are responsible for a combined 16.75% in occupancy taxes (9% city + 1.75% county + 6% state). It's essential to register for a HOT account, file monthly tax reports, and remit these taxes on time to avoid penalties and interest.

Owners outside San Antonio city limits but within Bexar County are still required to collect the 1.75% county HOT and 6% state tax, totaling 7.75%.

Possible Write-Offs and Deductions

STR owners may be able to deduct certain expenses related to their rental business on their tax returns. These can include:

1. Mortgage interest
2. Property taxes
3. Utilities
4. Cleaning and maintenance costs
5. Supplies and amenities provided to guests
6. Insurance premiums
7. Advertising and marketing expenses
8. Depreciation of the rental property and furnishings

It's important to keep accurate records and consult with a tax professional to ensure you're taking advantage of all available deductions and complying with tax laws. Proper expense tracking can help offset the impact of occupancy taxes on your bottom line.

Texas Wide Short-Term Rental Rules

While short-term rental regulations in Texas are primarily determined at the city level, there are a few state-wide rules and requirements that San Antonio County hosts must be aware of.

Definition of a Short-Term Rental

The State of Texas defines a short-term rental as any residential property, including single-family homes, apartments, condos, co-ops, or time-shares, that is rented out for a fee for a period of 30 consecutive days or less.

Prohibition on Banning Short-Term Rentals

In 2017, the Texas Legislature passed HB 2551, which prohibits cities and counties from banning or overly restricting the use of properties as short-term rentals. The law states that municipalities may not adopt regulations that expressly or effectively prohibit STRs.

However, cities and counties can still impose some regulations on STRs if they are necessary to protect public health and safety. This includes rules related to fire and building codes, health and sanitation, traffic control, solid waste, and requiring an emergency contact for the property.

Hotel Occupancy Taxes

All STR operators in Texas must collect state hotel occupancy taxes from their guests. The state hotel tax rate is 6% and is remitted directly to the Texas Comptroller's Office.

In addition to the state tax, San Antonio County levies a 1.75% county hotel occupancy tax. The City of San Antonio collects this tax on behalf of the county, so STR hosts in the county must register for a Hotel Occupancy Tax account with the city's Finance Department.

Insurance Requirements

While there are no state-mandated insurance requirements for STRs, the City of San Antonio does require hosts within the city limits to maintain general liability insurance with minimum limits of $500,000 per occurrence and $1,000,000 aggregate.

Restrictions on Use

The state law allows cities and counties to prohibit the use of STRs for certain purposes, such as housing sex offenders, operating sober living homes, selling illegal drugs or alcohol without a permit, or operating as a sexually-oriented business.

Overall, while Texas takes a more hands-off approach to regulating short-term rentals compared to some other states, hosts in San Antonio County still need to be mindful of the state-wide hotel tax collection requirements and the county-level occupancy tax. Additionally, properties within San Antonio city limits are subject to more stringent local regulations around permitting, density limitations, and insurance requirements.

Does San Antonio County Strictly Enforce STR Rules?

Based on discussions among hosts on platforms like BiggerPockets and Reddit, San Antonio County appears to be relatively strict in enforcing short-term rental regulations compared to other cities and counties. The city has taken steps to identify and penalize non-compliant STRs, although many hosts still operate without proper permits and tax compliance.

One Reddit user in r/sanantonio expressed frustration that an estimated 90% of Airbnb hosts in San Antonio were not paying the required occupancy taxes, putting compliant hosts at a competitive disadvantage. They questioned why the city was not taking more aggressive action against these illegal operators.

However, San Antonio has recently proposed amendments to its STR ordinance to crack down on unpermitted listings and improve tax collection. If approved, the changes would require platforms like Airbnb to remove listings without permit numbers and remit city taxes on behalf of hosts. Permit fees would also increase significantly, from $100 to $300 for owner-occupied rentals and $450 for non-owner-occupied rentals.

Despite the risks of fines and penalties, many hosts continue to operate STRs in San Antonio without full compliance. On BiggerPockets, hosts have shared stories of owing back taxes, penalties, and interest after being unaware of the monthly occupancy tax filing requirements.

Overall, while San Antonio may not be as stringent as some cities in enforcing STR regulations, it is taking steps to tighten its rules and oversight of the industry. Hosts who choose to operate without permits or tax compliance face an increasing risk of getting caught and penalized. The strict enforcement coupled with high occupancy taxes makes San Antonio a more challenging market for STR owners compared to Airbnb-friendly cities with looser regulations.

How to Start a Short-Term Rental Business in San Antonio County

Starting a short-term rental business in San Antonio County requires careful planning and adherence to local regulations. Follow these steps to successfully launch your STR venture:

1. Research local regulations: Familiarize yourself with San Antonio County's STR ordinances, zoning restrictions, and permitting requirements. If your property is located within San Antonio city limits, you'll need to obtain a permit from the City's Development Services Department (DSD). Properties outside city limits but within Bexar County don't need a city permit but must still register for a Hotel Occupancy Tax (HOT) account. Thoroughly review the City of San Antonio's STR fact sheet and attend local workshops or info sessions to fully understand the regulatory landscape.
2. Determine your STR type: San Antonio recognizes two types of STRs. Type 1 is owner-occupied and has no density limitations. Type 2 is non-owner-occupied and subject to density caps of 12.5% of units on a block face. Multi-family Type 2 STRs are limited to 12.5% of the total units on the property. If you plan to operate a Type 2 STR and the density cap has been reached, you'll need a special exception from the Board of Adjustment. Factor this into your timeline.
3. Register for a HOT account: All STRs in San Antonio County must register for a HOT account with the City of San Antonio's Finance Department, as the city collects taxes on behalf of the county. Register through the online payment portal administered by Avenu Insights & Analytics. Don't wait until you receive your STR permit to register and start filing HOT reports. You must file monthly even if you have no revenue for that period.
4. Obtain necessary permits: If your STR is located in San Antonio, apply for a permit through the Development Services Department. Gather required documents like proof of primary residence (for Type 1), a sketch or floorplan of the rental space, and the HOT account number. Pay the $100 permit fee. Permits are issued within 5 business days of receiving a complete application. Build this into your launch timeline and apply early to avoid delays.
5. Prepare your property: Ensure your STR meets all building, health, and safety standards. Install required safety features like smoke detectors, carbon monoxide alarms, and fire extinguishers. Create a detailed property manual with house rules, emergency contacts, and local recommendations. Invest in quality furnishings, linens, and amenities to create a welcoming space for guests.
6. List your property: Once you have your permit and HOT account squared away, create a listing on popular STR platforms like Airbnb and VRBO. Craft an enticing description, take high-quality photos, and set competitive rates. Be sure to prominently display your permit number on all listings to demonstrate compliance. Consider using a dynamic pricing tool to optimize your rates based on demand.
7. Manage your operations: Establish systems for cleaning, maintenance, and guest communication. Hire a reputable cleaning service or handle turnover yourself. Be responsive to guest inquiries and prioritize clear, timely communication. Use a property management platform like to streamline tasks and automate processes.

By following these steps and staying informed about evolving regulations, you can build a successful short-term rental business in San Antonio County. Connect with local host communities like the Short Term Rental Association of San Antonio (STRASA) for ongoing education, advocacy, and support.

Who to Contact in San Antonio County about Short-Term Rental Regulations and Zoning?

If you have questions about short-term rental regulations, permits, or zoning in San Antonio County, here are the key contacts and resources:

City of San Antonio Development Services Department (DSD): For properties within San Antonio city limits, contact the DSD for questions about STR permits, zoning, and compliance.

1. Phone: 210-207-1111
2. Address: 1901 S. Alamo, San Antonio, TX 78204
3. Website: www.sanantonio.gov/DSD/Resources/STR

City of San Antonio Finance Department: All STRs in San Antonio County must register for a Hotel Occupancy Tax (HOT) account with the city's Finance Department, as they collect taxes on behalf of the county.

1. Phone: 210-207-8667
2. Email: SAHOT@avenuinsights.com
3. Website: www.sanantonio.gov/Finance/Taxes-Fees/HOT

Short-Term Rental Association of San Antonio (STRASA): This local organization provides educational resources, advocacy, and community for STR hosts in the San Antonio area. They offer workshops, social events, and a member directory.

Website: www.strassociationofsa.com

Bexar County Fire Marshal's Office: Contact the Fire Marshal for questions about fire and life safety requirements for STRs in unincorporated Bexar County.

• Phone: 210-335-0300
• Address: 9810 Southton Road, San Antonio, TX 78223

Hosts can also connect with fellow operators and get peer advice through online communities:

• Airbnb Community Center - San Antonio & Austin: community.withairbnb.com/t5/San-Antonio-Austin/bd-p/San-Antonio
• BiggerPockets Forum - Short-Term Rentals: www.biggerpockets.com/forums/530-short-term-rentals
• San Antonio Short Term Rental Alliance Facebook Group: www.facebook.com/groups/sanantoniostrs

By engaging with these resources and communities, STR hosts in San Antonio County can stay informed about the latest regulations, get answers to compliance questions, and network with other local operators to share best practices and advocate for the industry.

What Do Airbnb Hosts in San Antonio County on Reddit and BiggerPockets Think about Local Regulations?

Airbnb hosts in San Antonio County have shared their experiences and thoughts on local short-term rental regulations on platforms like Reddit and BiggerPockets. Here are some key insights from these discussions:

• Confusion over Hotel Occupancy Tax (HOT) requirements: In a BiggerPockets forum post titled "Information about HOT tax for my Airbnb in San Antonio!", a host expressed confusion about the monthly HOT reporting and payment process. They were unaware that they needed to remit the 9% San Antonio HOT and 1.75% Bexar County HOT monthly, resulting in penalties and interest. The host sought guidance from fellow hosts on what qualifies as taxable revenue and how to navigate the reporting process.
• Concerns about non-compliance among hosts: A Reddit post in r/sanantonio titled "City not doing anything about airbnb hosts not paying occupancy tax?" highlighted a host's frustration with the perceived lack of enforcement. The host, who had registered with the city and was paying occupancy taxes, estimated that 90% of other hosts were not complying. They questioned why the city was not taking action against non-compliant hosts.
• Advice for new hosts in San Antonio: In an r/airbnb_hosts post titled "Wow, Reddit can make you fear Airbnb as both host and guest! New Host -- talk me off the ledge, lol.", a host with two properties in San Antonio shared their positive experience over the past 2 years. They emphasized the importance of setting competitive rates, meeting legitimate complaints quickly, and carefully screening the first few bookings to avoid bad guests targeting new hosts.

These discussions highlight the challenges San Antonio County hosts face in understanding and complying with local regulations, particularly around occupancy taxes. While some hosts are diligent about registration and reporting, others may be operating under the radar. The host community appears to be grappling with the complexities of local regulations and seeking guidance from peers to navigate the requirements successfully.

Disclaimer: While we here at BNBCalc strive to keep all of our regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.