Santa Fe County, NM

Santa Fe, NM short-term rental limits

Santa Fe ties its permit to the owner, so it ends when ownership of the home changes. A spouse or domestic partner can take it over within 90 days of the holder's death. Every guest is told in writing about the city's nuisance and water rules.[4]

Every rule below links to the official source it comes from, verified October 1, 2026.

Can you rent short term in Santa Fe?

Limited number allowed

What you apply for: Short-term rental permit

Seasonal homes
2,030
Housing units
46,608
Residents
89,019

U.S. Census Bureau, 2024 ACS 5-year estimates

  • City ruleCapped
  • City fee$390
  • Tax on each stay15.188%
  • Seasonal homes44 per 1,000

Santa Fe short-term rental permit

Santa Fe allows 1,000 short-term rental permits on residentially zoned property, and every rental there needs one. Once they are all issued, the land use director keeps a waiting list. Permits go to natural persons only, one each. A new permit is refused within 50 feet of a property that already holds one. The first year costs a $100 application fee, the $290 permit fee and a $35 business license. A permitted unit takes one rental per seven days, outside the November 15 to January 15 window. The permit number appears on every listing, host platforms included.[4]

What Santa Fe asks of you

  • An owner needs a city business license plus either a short-term rental permit or a short-term rental registration, depending on zoning.[4]

  • A unit on residentially zoned property needs a permit. A unit on other land needs a registration, which the 1,000-permit limit does not cover.[4]

  • The land use director issues 1,000 short-term rental permits at most. Past that number, applicants wait on a list until a permit becomes available.[4]

  • Permits go to natural persons only, one per person. The property itself may still be titled in a revocable trust, an LLC or a corporation.[4]

  • Permits cannot pass to another person or another property. The one exception is a surviving spouse or domestic partner who asks within 90 days of the holder's death.[4]

  • Apart from that exception, a change of ownership ends the permit, and the new owner applies again.[4]

  • No new permit is issued within a 50-foot radius of a residentially zoned property that has one. Accessory dwelling units meeting the city's ADU rules are exempt.[4]

  • In a development of four or more units, permits stop at 25% of the units. No single building gets more than 12.[4]

  • A permitted unit may not be rented more than once within a seven-day period. Rentals that begin between November 15 and January 15 are exempt.[4]

  • A written interpretation dated July 1, 2026 reads that rule as 44 unique rentals or fewer per calendar year. Non-residentially zoned units are outside it.[6]

  • A local operator takes complaints around the clock. That operator must be able to get to the unit within one hour of contact.[4]

  • Total guests may not exceed twice the number of bedrooms. Noise after 10:00 p.m. is prohibited, from decks and patios as well.[4]

  • The city inspects before the first permit. It checks for a fire evacuation plan, carbon monoxide detection and smoke alarms in all bedrooms.[4]

  • The application fee is a one-time $100. The business license costs $35 a year, while the permit or registration fee runs $290 a year.[4]

  • Within 10 days of issuance or renewal, the owner mails notices to residential property owners within 200 feet. An affidavit of mailing follows within 10 more days.[4]

  • Owners keep records for the three most recent years, including the start date of each reservation and the rent guests paid by month.[4]

  • Once the city flags a permit number as invalid, the host platform deactivates that listing within five business days.[4]

  • Permits held when Ordinance No. 2020-35 was adopted escape the proximity rule and the one-permit limit.[4]

  • The city's page puts the annual renewal deadline at 5:00 p.m. on April 15. New applications open at that same moment, first come, first served.[5]

Apply on the Santa Fe site

What New Mexico asks wherever you host

These rules apply at this address whatever the city decides.

  • A platform such as Airbnb doing business in New Mexico pays gross receipts tax on the full amount of the stay, its own fees included. The host reports the same receipts, then claims the Section 7-9-117 deduction.[2]

  • The gross receipts rate follows the property's location. It combines the state's 4.875% for July 1, 2026 through June 30, 2027 with the local options in force there.[3]

  • A county occupancy tax stops at city limits under the Lodgers' Tax Act, and no occupancy tax may exceed 5% of rent. The vendor collects it as a separate charge.[1]

New Mexico short-term rental rules

What a guest pays on top of your nightly rate in Santa Fe

Each layer is set by a different authority, and not all of them are collected by the platform.

Short-term rental tax layers in Santa Fe
LayerRateRemitted to
New Mexico gross receipts tax, Santa Fe city rate[3]8.188%The state revenue department
Santa Fe lodgers' occupancy tax[7]5%The city
Santa Fe convention center fee[7]2%The city
Total on a taxable stay15.188%

Booking sites such as Airbnb and Vrbo pay Santa Fe's lodgers' tax in one lump sum for all their hosts. The city still asks each host for a monthly report by the 25th, noting what the platform pays.[7]

Airbnb taxes for hosts

What the census counts

How much of Santa Fe is already a second home

The Census Bureau counts 2,030 of Santa Fe's 46,608 homes as vacant for seasonal, recreational or occasional use. That is 44 out of every 1,000. It ranks Santa Fe 4th of the 5 New Mexico cities on this site for the share of its housing stock kept for part-year use.

Rank in the state
4th of 5
Share of housing
44 per 1,000
Median home value
$444,900

U.S. Census Bureau, 2024 ACS 5-year estimates, tables B25004, B25001, B01003 and B25077.

Nearby and comparable

Where Santa Fe sits among its neighbors

Ruidoso, NM

Permit required

3,608 seasonal homes, 435 per 1,000 housing units.

Ruidoso short-term rental rules

Albuquerque, NM

Permit required

1,508 seasonal homes, 6 per 1,000 housing units.

Albuquerque short-term rental rules

Cloudcroft, NM

No city ordinance

550 seasonal homes, 606 per 1,000 housing units.

Cloudcroft short-term rental rules

Angel Fire, NM

Permit required

1,785 seasonal homes, 714 per 1,000 housing units.

Angel Fire short-term rental rules
StatewideEvery New Mexico city on this site, in one tableState law, the tax stack and every city we cover in New Mexico, with what each one asks of a host.New Mexico short-term rental rules

FAQ

Santa Fe short-term rental questions

How much is a short-term rental permit in Santa Fe?

The first year brings a $100 application fee and the $290 permit fee, plus a $35 business license. After that, the permit and license cost $325 a year.[4]

Is there a waiting list for Santa Fe short-term rental permits?

Yes, once 1,000 residential permits are out. Complete applications are handled in order of receipt, and someone waiting a year may be asked to confirm interest.[4]

How often can I rent my Santa Fe home?

Once per seven-day period, except for stays starting between November 15 and January 15. The city counts that as 44 rentals a calendar year.[6]

What is the lodgers' tax in Santa Fe?

A 5% occupancy tax plus a 2% convention center fee on gross taxable rent. Hosts report by the 25th of each month for the month before.[7]
Read nextHow to start an AirbnbThe six steps in order, starting with the permit check.Read the guide

Sources

  1. NMSA 1978, Sections 3-38-13 to 3-38-25, Lodgers' Tax Act, New Mexico Compilation Commission, read on October 1, 2026
  2. Bulletin B-200.37, Marketplace Providers and the Sale of Lodgings or Accommodations (rev. June 2024), New Mexico Taxation and Revenue Department, read on October 1, 2026
  3. Gross Receipts and Compensating Tax Rate Schedule, July 1, 2026 through June 30, 2027, New Mexico Taxation and Revenue Department, read on October 1, 2026
  4. Short-Term Rental Unit Ordinance, Subsection 14-6.2(A)(5) SFCC 1987, City of Santa Fe, read on October 1, 2026
  5. Short-Term Rentals, City of Santa Fe, read on October 1, 2026
  6. City Provides Clarification on Short-Term Rental Reservation Limits (July 1, 2026), City of Santa Fe, read on October 1, 2026
  7. Frequently Asked Questions, Lodger's Tax (updated February 2026), City of Santa Fe, read on October 1, 2026

This page is not legal advice. It summarizes the official sources listed on this page as they read on October 1, 2026. Rules can change after that date, so check with the issuing office before you apply or publish a listing.

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