Short-term rental rules in San Marcos
ClosedShort-term rentals are not allowed in residential zones.
Verified Oct 20, 2026 · confidence high · rules change, so confirm with the city before you buy.
Homes for sale on parcels in San Marcos today
137 active listings
- 37 STR: check
- 100 STR closed
Homes for sale on the MLS (no land, rentals or 55+ communities), by the status of each home's parcel under these rules. Updated daily.
See these listingsThe rules
- Who may host
- —
- Where
- Not in residential zones; a bed and breakfast needs a conditional use permit (R-1-20 only).
- Minimum stay
- None set
- Occupancy tax (TOT)
- 10%, paid by the guest
- Cap
- No program.
- When the home sells
- No short-term permit to transfer.
- Mid-term
- A stay of 31+ nights is outside the short-term rules and TOT.
- Also
- Lake San Marcos and Twin Oaks Valley have San Marcos addresses but are unincorporated county land, with the county's rules.
HOA
An HOA may ban rentals of 30 days or less (Civ. Code §4741). A city permit doesn't override the CC&Rs.
The parcel decides
These rules apply to parcels in San Marcos, whatever the mailing address says. Check an address to see which rules apply to one home.
Sources
Verified Oct 20, 2026 · confidence high. This is a summary, not legal advice.