Do I need a permit for short-term rentals in Hays County?

**No**, there is currently no local STR-specific license required in Hays County, though state and county regulations may still apply. Hosts must ensure they comply with all applicable Texas state laws and Hays County ordinances, including health and safety codes. Always check with the Hays County zoning office.

What is the TOT tax rate in Hays County?

**7% TOT** is the Hotel Occupancy Tax rate for short-term rentals in Hays County. You need to register with the county and remit this tax on all rentals under 30 days. Contact the Hays County tax assessor-collector's office for registration information and payment schedules to ensure compliance.

Are short-term rentals allowed in Hays County?

**Yes**, short-term rentals are generally allowed in unincorporated Hays County. However, you need to comply with all applicable state and local regulations, including registering for and remitting the 7% County Hotel Occupancy Tax. Always verify specific zoning regulations and any HOA restrictions before operating a short-term rental.

What happens if I operate an illegal STR in Hays County?

**Failure to comply** with Hays County's Hotel Occupancy Tax requirements can result in penalties and fines. You need to register and remit the 7% TOT on all rentals under 30 days to avoid these penalties. Contact the Hays County tax assessor-collector's office for specific compliance details.

Hays County, TX Short-Term Rental Laws

Gold Standard Verification

100%

Forensically verified with 3+ official sources

Verified: Jan 30, 2026

3 Official Sources

Summary

Unincorporated Hays County does not currently require a specific short-term rental permit or license. However, hosts are legally required to register for and remit a 7% County Hotel Occupancy Tax on all rentals under 30 days.

Restriction Level

✅

Permissive

Score: 0 (restrictive)

Why this classification:

•No night cap
•No primary residence requirement

In Plain English

To host an Airbnb in unincorporated Hays County, you do not need a special permit from the county government. You only need to ensure your property is truly outside any city limits (like Wimberley or Dripping Springs) where stricter rules apply. Your main responsibility is financial: you must pay a 7% county tax and a 6% state tax on your earnings. While Airbnb might collect the state portion, you should double-check your account to see if you need to send the 7% county portion to the Hays County Treasurer yourself every quarter.

At a Glance

Permit Required

Night Limit

None

Primary Residence

Not Required

Total Tax Rate

0.1%

Permit Fee

5 Things Hosts Often Miss

1.Verify your exact location; if you are even slightly inside city limits (e.g., Wimberley), you are subject to city permits and potential bans.
2.Hays County has no zoning in unincorporated areas, but deed restrictions and HOAs can still legally ban STRs.
3.The 7% County HOT is separate from the 6% State HOT; you are responsible for ensuring both are paid.
4.Failure to file the quarterly tax report, even if you had zero bookings, can result in penalties.
5.Septic systems in unincorporated areas must be properly maintained and sized for the number of guests to avoid health department violations.

Regulation Details

Eligibility(4)

•Hays County does NOT require the property to be a primary residence. Investment properties are allowed.
•Hays County: Your HOA can prohibit short-term rentals even if the city allows them. Check your CC&Rs before applying.
•Hays County allows STRs in the following property types: Single-family homes, Cabins, ADUs, Apartments.

Application Process(1)

•STR regulations overview for Hays County: Unincorporated Hays County does not currently require a specific short-term rental permit or license. However, hosts are legally required to register for and remit a 7% County Hotel Occupancy Tax on all rentals under 30 days.

Taxes(2)

•TX has a state sales tax of 6% that applies to STR rentals.
•Hays County charges a Hotel Occupancy Tax of 0.07%. Platforms like Airbnb collect and remit this tax.

Penalties(1)

•Hays County enforces penalties: First offense: Late fee of 5% of tax due.

Exemptions(2)

•Hays County exempts the following from STR regulations: long-term rentals 30+ days (county).
•Hays County: Rentals of 30+ days are generally NOT considered short-term rentals and may be exempt from STR regulations (but may have other requirements).

Disclaimer

Regulatory information is AI-researched for educational purposes. Details may be outdated or incomplete. Always verify requirements directly with your city/county planning department before operating a short-term rental.

Other Texas Markets

Dallas

Texas

Moderate

Dallas currently requires short-term rental registration and a 7% local Hotel Occupancy Tax. While the city passed a strict ordinance in 2023 that would have banned STRs in single-family residential zones, a June 2024 court injunction has temporarily blocked the city from enforcing those zoning restrictions and certain operational rules.

Permit required

0.1% total tax

Rockport

Texas

Moderate

The City of Rockport requires all short-term rental operators to obtain an annual permit and undergo a safety inspection. Hosts must collect and remit a combined 10% local Hotel Occupancy Tax (8% City, 2% County) in addition to state taxes.

Permit required

0.2% total tax

El Paso

Texas

Permissive

The City of El Paso does not currently have a dedicated short-term rental permit or ordinance. However, all hosts are legally required to register and remit a 7% Hotel Occupancy Tax (HOT) to the city, in addition to Texas state-level taxes.

0.1% total tax

Frisco

Texas

Moderate

The City of Frisco requires all short-term rental hosts to obtain an annual permit and pay a $300 fee. Hosts must collect and remit a 7% city occupancy tax monthly in addition to the 6% state tax. Regulations include mandatory safety equipment, emergency contact posting, and a prohibition on renting to individuals under 21 years of age.

Permit required

0.1% total tax

Hays County

Gold Standard Verification

Summary

Restriction Level

Why this classification:

In Plain English

At a Glance

5 Things Hosts Often Miss

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Regulation Details

Eligibility(4)

Application Process(1)

Taxes(2)

Penalties(1)

Exemptions(2)

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Frequently Asked Questions

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Other Texas Markets

Dallas

Rockport

El Paso

Frisco

Hays County

Gold Standard Verification

Summary

Restriction Level

Why this classification:

In Plain English

At a Glance

5 Things Hosts Often Miss

Frequently Asked Questions

1Do I need a permit for short-term rentals in Hays County?

2What is the TOT tax rate in Hays County?

3Are short-term rentals allowed in Hays County?

4What happens if I operate an illegal STR in Hays County?

Related Content

Other Texas Markets

Dallas

Rockport

El Paso

Frisco