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Do Texas short-term rental rules apply to a 30-night stay? We read 8 city codes, the Dallas court case and the hotel tax rule. Here is what each one says.
In most large Texas cities, no. Each city ordinance defines a short-term rental by the length of the stay, and the line sits at 30 days. A furnished home rented for 30 nights or more falls outside that definition in Austin, Dallas, Houston, Fort Worth, Plano, Frisco, and Arlington. San Antonio uses two different wordings, and a stay of exactly 30 days is unclear there.
We read each city code on October 7, 2026. This article is general information, not legal advice. Rules change, so confirm the rules for your address with the city and with your own attorney.
| City | A short-term rental is a stay of | What a short-term rental needs |
|---|---|---|
| Austin | Less than 30 consecutive days | An operator license |
| Dallas | Fewer than 30 consecutive days or one month, whichever is less | Registration, which a court order currently stops the city from enforcing |
| Houston | Less than 30 consecutive days | A registration certificate, required since January 1, 2026 |
| San Antonio | Two wordings that disagree at exactly 30 days (see below) | A permit |
| Fort Worth | 1 to 29 consecutive days | Registration, and not allowed in the residential districts the city lists |
| Plano | Less than 30 consecutive days | Registration |
| Frisco | Less than 30 consecutive days | A permit |
| Arlington | Less than 30 consecutive days | A permit |
The license, registration, and permit rules apply to short-term rentals only. A stay outside the definition is not a short-term rental under that ordinance.
The San Antonio zoning code defines a short-term rental as a stay of a maximum of 30 consecutive days. The city code section on permit types uses less than 30 consecutive days. Under the first wording, a stay of exactly 30 days is a short-term rental. Under the second, it is not.
A stay of 31 days or more falls outside both wordings. If you plan stays of exactly 30 days in San Antonio, ask the city or your attorney first.
In 2023, Dallas adopted a registration rule for short-term rentals and a ban on them in single-family zoning districts. On December 6, 2023, a Dallas County district court issued a temporary injunction that stops the city from enforcing both. The Fifth Court of Appeals upheld that order on July 18, 2025.
The city then took the case to the Texas Supreme Court (No. 25-0748). As of October 7, 2026, the court has not ruled, and the injunction stays in place. A 30-night stay is outside the Dallas definition whatever the court decides.
Texas hotel occupancy tax uses a 30-day line too. Under Texas Tax Code section 156.101, a guest who stays at least 30 consecutive days, with no break in payment, is a permanent resident. The state hotel tax of 6% does not apply to a permanent resident. City hotel taxes under chapter 351 of the Tax Code follow the same rule.
The exemption depends on the stay and the payments. A guest who leaves before day 30, or a gap in payment, can change the answer. Ask your tax adviser how this applies to your bookings.
The city codes count consecutive days. None of the codes we read defines how to count a day. A 30-night stay covers 30 rental days but touches 31 calendar dates, from check-in to checkout. Before you set a minimum stay, ask your attorney how your city counts it.
City rules change, and they do not all move in one direction. In February 2025, Austin made short-term rentals an accessory use in all of its zoning districts. Dallas has lost its case in two courts so far. An owner who picks a strategy only because of today's ordinance can see that reason change at the next council vote or court ruling.
The reasons that hold up do not depend on a city council:
For more on that last point, read where to list a midterm rental in Texas. To compare the income of each strategy, read short-term vs long-term rentals in Texas.
Houston defines a short-term rental as a stay of less than 30 consecutive days, and its registration rule applies to short-term rentals. A stay of 30 days or more is outside that definition. Confirm with the city before you rely on this for a specific address.
A guest who stays at least 30 consecutive days with no break in payment is a permanent resident under Texas Tax Code section 156.101. State and city hotel taxes do not apply to a permanent resident.
Yes. City ordinances and HOA covenants are separate. Some HOAs require a twelve-month minimum lease, which rules out 30-night stays whatever the city allows. Read the covenants before you furnish the home.
Only for a stay of exactly 30 days, where two parts of the city code use different wording. A stay of 31 days or more is outside both.
Texas Corporate Homes manages 160+ premium single-family homes across DFW, Austin, Houston, and San Antonio. We have been operating since 2015 and managing properties for outside owners since 2019.
If you want to know whether your home fits 30-night stays, see Owners or email [email protected].
