Alameda County, CA

Where short-term rentals are allowed in Oakland, CA

Oakland is still writing its short-term rental ordinance. The city anticipates formal adoption hearings in Fall 2026, after a background report it has yet to post. Until then, code complaints go to Code Enforcement Services at 510-238-3381.^[4]

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

Can you rent short term in Oakland?

Your zoning decides

Seasonal homes: 1,125
Housing units: 191,713
Residents: 439,418

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

City ruleAllowed by zone
City feeNone published
Tax on each stay14%
Seasonal homes6 per 1,000

Oakland short-term rental rules

Oakland has no short-term rental permit, and its planning rules prohibit most rentals of less than thirty days. The city's FAQ, updated after code changes of January 16, 2024, relies on the definition of Permanent Residential Activities. That category covers occupancy on a basis of thirty days or longer. A shorter rental is classed as Bed and Breakfast Residential Activities, which generally require a Conditional Use Permit. That activity must sit in an owner-occupied facility with a historic rating. It allows at most twelve adult paying guests in six guest units. Renting a Secondary Unit for under thirty consecutive days is not allowed at all. Hosts still owe the annual business tax, plus a 14% transient occupancy tax on the rent.^[5]

What Oakland asks of you

The Finance page states that neither the Oakland Municipal Code nor the Oakland Planning Code specifically addresses Short-Term Residential Rentals.^[6]
The city's FAQ says current planning regulations prohibit any rental of a home, a live/work unit or a room for less than thirty days.^[5]
The FAQ describes existing regulations as of January 16, 2024.^[5]
Permanent Residential Activities are defined as occupancy of living accommodations on a basis of thirty days or longer.^[5]
Planning Code Section 17.10.125 classes a rental under thirty days as Bed and Breakfast Residential Activities.^[5]
That activity requires an owner-occupied facility. The property must also hold a historic rating from A to D, unless it is a Landmark.^[5]
It allows no more than twelve adult paying guests at any time, in no more than six guest units.^[5]
The FAQ adds that this activity generally requires a Conditional Use Permit. Some zoning districts do not allow it at all.^[5]
Planning Code Section 17.103.080(A)(2) does not allow rental of a Secondary Unit for less than thirty consecutive days.^[5]
Owners of rental property are required to file and pay an annual business tax.^[5]
Each operator registers with the Tax Administrator to obtain a Transient Occupancy Registration Certificate. The code says this certificate does not constitute a permit.^[7]
The city says it is preparing new regulations for rentals of less than thirty days, with adoption hearings anticipated in Fall 2026.^[4]

What California asks wherever you host

These rules apply at this address whatever the city decides.

No state license exists for short-term rentals in California. The state's 2025 act on booking platforms says it does not preempt a local short-term rental ordinance.^[1]
Since July 1, 2024, every mandatory fee has to sit inside the rate you advertise. Only government taxes and fees may be added later.^[2]
State law caps city fines when a short-term rental violation threatens health or safety. The first ceiling is $1,500. A second violation within the year reaches $3,000, each later one $5,000.^[3]

California short-term rental rules

What a guest pays on top of your nightly rate in Oakland

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

Short-term rental tax layers in Oakland
Layer	Rate	Remitted to
Oakland transient occupancy tax^[6]	14%	The city
Total on a taxable stay	14%

Chapter 4.24 builds the 14% from an 11% tax plus a 3% surcharge, collected by the operator. Returns are monthly above $100,000 of gross receipts in the previous calendar year. They are quarterly from $5,000 to $99,999, with one yearly return by January 31 below $5,000.^[7]

Airbnb taxes for hosts

What the census counts

How much of Oakland is already a second home

The Census Bureau counts 1,125 of Oakland's 191,713 homes as vacant for seasonal, recreational or occasional use. That is 6 out of every 1,000. It ranks Oakland 33rd of the 37 California cities on this site for the share of its housing stock kept for part-year use.

Rank in the state: 33rd of 37
Share of housing: 6 per 1,000
Median home value: $929,900

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

Nearby and comparable

Where Oakland sits among its neighbors

San Diego, CA

Permit required

Anywhere in the city except ADUs, with a STRO license. Tier 3 and 4 licenses are capped, and Mission Beach has none left.

San Diego short-term rental rules

Berkeley, CA

Certificate required

363 seasonal homes, 7 per 1,000 housing units.

Berkeley short-term rental rules

Temecula, CA

Allowed by zone

197 seasonal homes, 5 per 1,000 housing units.

Temecula short-term rental rules

Anaheim, CA

Allowed by zone

376 seasonal homes, 3 per 1,000 housing units.

Anaheim short-term rental rules

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

Keep exploring

FAQ

Oakland short-term rental questions

Is Airbnb legal in Oakland?

The city's FAQ says current planning regulations prohibit rentals of less than thirty days in homes, apartments and rooms. The exception it describes is a Bed and Breakfast activity in an owner-occupied historic property.^[5]

Does Oakland have a short-term rental permit?

The Finance page says neither city code specifically addresses Short-Term Residential Rentals. It adds that the Planning Department was tasked with proposing regulations.^[6]

What is the hotel tax rate in Oakland?

14% of the rent charged, for any stay of thirty consecutive days or less. The charge must be a separate billing item.^[6]

Can I rent my Oakland ADU for a weekend?

No. The FAQ cites Planning Code Section 17.103.080(A)(2). A Secondary Unit is occupied on a basis of thirty days or longer only.^[5]

Sources

Short-Term Rental Facilitator Act of 2025 (SB 346), Government Code sections 50990 to 50996, California Legislative Information, read on October 1, 2026
Business and Professions Code section 17568.6, lodging price display, California Legislative Information, read on October 1, 2026
Government Code section 36900, fines for city ordinance violations, California Legislative Information, read on October 1, 2026
Short-Term Residential Rental Regulations, City of Oakland, read on October 1, 2026
Short Term Rental Regulations, frequently asked questions, City of Oakland, read on October 1, 2026
Short Term Rental or Transient Occupancy Tax (TOT), City of Oakland, read on October 1, 2026
Oakland Municipal Code, Chapter 4.24: Transient Occupancy Tax, City of Oakland, 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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