Rental Rules by City / Free checklist / Santa Fe

Is my Santa Fe rental legal? Checklist

Santa Fe County, New Mexico · Based on our Santa Fe page, last verified Oct 24, 2026 · Print

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📋 The Basics

Can I rent my place short-term here?: Only in some areas
Do I need a permit?: Yes. In residential zones you need a City permit, capped at 1,000.
What taxes do I pay?: Total about 7%. Check your Airbnb payout report to see which ones Airbnb collects; you pay the rest yourself.

Your 3 steps to be legal

Check zoning and the waitlist.
Apply for the permit (one per person).
File lodgers tax monthly by the 25th.

⚠️ Biggest risk: Buying a home expecting a permit when the cap is full.

Words confusing? See the glossary. Details and official sources are below.

This is the general rule for Santa Fe. Does your address qualify?

The free info covers the city as a whole. Your property can still be different: zoning can change from one street to the next, and an HOA or condo ban can stop rentals even where the city allows them. The penalties Santa Fe lists are on the Santa Fe page.

Your $49 Compliance Check looks at your exact property:

Whether your exact address and zone allow short-term rentals
A check of HOA / condo rental restrictions to look for
Which permits and tax accounts you personally need
What you're missing right now
A personal report with clear next steps and official sources, by email
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🔎 How we check: official city, county and state sources, a last-verified date on every page, and nothing guessed. Learn more

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Permit / license / registration

Permit: Residentially zoned STRs need a City STR permit (which includes the business license). Non-residential zoning: registration + business license.
Cap: Max 1,000 residential permits citywide, waitlist after that. One permit per natural person.
Transfer: Permits don't transfer to new owners.
Listings: Show your permit or registration number in every ad.
Reporting: File lodgers' tax monthly by the 25th, even for Airbnb bookings and empty months. Late penalty: the greater of 10% or $100.

Zoning, where allowed & definitions

Not listed on our page: Verify with the city/county before renting.

Night limits, minimum stays & occupancy

Not listed on our page: Verify with the city/county before renting.

Fees, penalties & pending changes

Not listed on our page: Verify with the city/county before renting.

Taxes & who collects them

Register / account for City lodgers' tax (5%)
Register / account for Convention center fee (2%)
What Airbnb collects: Per the City, Airbnb/VRBO pay in a lump sum, so you must still file a monthly report showing what the platform paid.
Vrbo and direct bookings: check which taxes Vrbo collects in your area; for direct bookings you collect and remit all of them yourself.

Total rate: 7%. 7% lodgers' tax per the City. New Mexico gross receipts tax also applies: verify the current Santa Fe rate. Calculate.

HOA / condo check

Read your declaration, bylaws and rules for rental bans, minimum terms, caps and approval requirements.
Get any association sign-off or approval letter your city or association requires.
See our HOA & condo guide.

Insurance

Confirm your homeowner/condo policy covers short-term rental use, or add a short-term rental policy. Platform host protection is not a substitute for insurance.
Ask your association whether it requires specific liability coverage.

Deadlines

Renew city/county permits or registrations on their schedule (often annually): confirm the date with the office that issued it.
File state and local lodging tax returns on the schedule your tax office assigns.

Official sources

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Not legal or tax advice. Last verified Oct 24, 2026. Rules and rates change: confirm with the official sources linked before you rent or file.