Santa Clara County, CA

San Jose, CA short-term rental limits

San Jose treats a short stay in your home as an incidental use of the residence, written into the zoning code. Tenants can host too, since the code counts a lessee with a written lease as a host. Accessory dwelling units are left out.[4]

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

Can you rent short term in San Jose?

Limited number allowed

Seasonal homes
1,046
Housing units
345,066
Residents
990,138

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

  • City ruleCapped
  • City feeNone published
  • Tax on each stay12%
  • Seasonal homes3 per 1,000

San Jose short-term rental rules

San Jose allows stays of thirty consecutive calendar days at most in a residence. The rule sits in Part 2.5 of Chapter 20.80 of its zoning code. The limit is 180 days per calendar year when no host is present. It rises to 365 days when the host stays on the premises overnight throughout the stay. The code sets that night at 10:00 p.m. through 6:00 a.m. for hosts. An unhosted stay holds 2 people in a studio, 3 in a one-bedroom unit, then 2 per additional bedroom. The total may not exceed 10 persons. Part 2.5 holds three sections: definitions, a general rule, performance criteria. None lists a permit or a registration.[4]

What San Jose asks of you

  • The zoning code allows incidental transient occupancy in one-family, two-family and multiple family dwellings. Mobilehomes, live/work units and guest houses are covered too.[4]

  • Section 20.80.160 says incidental transient occupancy shall not be allowed in an accessory dwelling unit.[4]

  • A transient user is a person staying thirty consecutive calendar days at most, with a portion of a day counted as a full day.[4]

  • The annual limit is 180 days per calendar year with no host present, against 365 days with the host present.[4]

  • Host present means the host stays on the premises all night during the stay. The code bounds that night at 10:00 p.m. on one side, with 6:00 a.m. on the other.[4]

  • With the host present, a one-family dwelling or a mobilehome takes up to 3 transient users. Each unit of a two-family or multiple family dwelling takes up to 2.[4]

  • With no host present, the limit is 2 people in a studio, 3 in a one-bedroom unit, then 2 per additional bedroom. The total may not exceed 10 persons.[4]

  • An absent host designates a local contact person, reachable around the clock, who responds to complaints within sixty minutes.[4]

  • The absent host sends that person's name and telephone number in writing to every transient user. Occupants of all adjacent properties receive the same notice.[4]

  • For a hosted stay, the dwelling must have the parking spaces that Section 20.90.060 requires for its type.[4]

  • In a dwelling subject to Parts 1 to 6 of Chapter 17.23, the host must occupy the unit for at least 60 consecutive days. The code adds the intent to establish it as the host's primary residence.[4]

  • The host retains records documenting compliance for 3 years after each period of occupancy.[4]

  • Part 2.5 holds three sections: definitions, a general rule, performance criteria. None lists a permit or a registration.[4]

  • Transient occupancy taxes are the responsibility of the host. A hosting platform may pay them on the host's behalf when it has a collection agreement with the city.[4]

  • The Measure A ordinance raises the general fund transient occupancy tax from 4% to 6% of the rent. Its text sets the effective date at October 1, 2026.[6]

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 San Jose

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

Short-term rental tax layers in San Jose
LayerRateRemitted to
San Jose transient occupancy tax[5]12%The city
Total on a taxable stay12%

The Hotel Taxes page opens with a notice that the total tax rises from 10% to 12% effective October 1, 2026. Lower down, the same page still describes a 10% tax, split between 6% under Chapter 4.72 plus 4% under Chapter 4.74. The operator sends the tax to the city every month or quarter.[5]

Airbnb taxes for hosts

What the census counts

How much of San Jose is already a second home

The Census Bureau counts 1,046 of San Jose's 345,066 homes as vacant for seasonal, recreational or occasional use. That is 3 out of every 1,000. It ranks San Jose 37th of the 37 California cities on this site for the share of its housing stock kept for part-year use.

Rank in the state
37th of 37
Share of housing
3 per 1,000
Median home value
$1,233,200

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

Nearby and comparable

Where San Jose sits among its neighbors

Los Angeles, CA

Primary residence only

With a Home-Sharing registration, for up to 120 days a year unless you hold Extended Home-Sharing.

Los Angeles short-term rental rules

Newport Beach, CA

Capped

2,356 seasonal homes, 52 per 1,000 housing units.

Newport Beach short-term rental rules

Dana Point, CA

Capped

1,744 seasonal homes, 106 per 1,000 housing units.

Dana Point short-term rental rules

Big Bear Lake, CA

License required

7,101 seasonal homes, 730 per 1,000 housing units.

Big Bear Lake 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

FAQ

San Jose short-term rental questions

Do I need a permit for a short-term rental in San Jose?

Part 2.5 of the zoning code sets performance criteria for hosts. Its three sections list no permit, and no registration either.[4]

How many days a year can I rent my San Jose home?

The zoning code gives 180 days per calendar year with no host present, 365 with one. Present means on the premises overnight, 10:00 p.m. through 6:00 a.m., for the whole stay.[4]

What is the hotel tax on a San Jose short-term rental?

The city's Hotel Taxes page announces a total of 12% effective October 1, 2026, up from 10%. The descriptive text lower on that page still gave 10% on that date.[5]

Can I rent my ADU short term in San Jose?

No. Section 20.80.160 of the zoning code says incidental transient occupancy shall not be allowed in an accessory dwelling unit.[4]
Read nextHow to start an AirbnbThe six steps in order, starting with the permit check.Read the guide

Sources

  1. Short-Term Rental Facilitator Act of 2025 (SB 346), Government Code sections 50990 to 50996, California Legislative Information, read on October 1, 2026
  2. Business and Professions Code section 17568.6, lodging price display, California Legislative Information, read on October 1, 2026
  3. Government Code section 36900, fines for city ordinance violations, California Legislative Information, read on October 1, 2026
  4. Municipal Code, Chapter 20.80, Part 2.5: Transient Occupancy as an Incidental Use to a Residence, City of San Jose, read on October 1, 2026
  5. Hotel Taxes, City of San Jose, read on October 1, 2026
  6. 2026 Measure A, full text of the ordinance, City of San Jose, 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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