San Jose, California Short Term Rental Regulations

City Code of Ordinances

The San Jose Municipal Code regulates short-term rental uses in San Jose communities. The City permits hosting in all legal dwellings and apartments, with a few exceptions. The following are some of the restrictions:

• STRs are legal in single-family homes, two-family homes, multi-family homes, mobile homes, live/work units, or guest houses. Short-term rentals are not permitted in an Accessory Dwelling Unit. 
• If no host is present, the yearly maximum for short-term rental stays is 180 days per calendar year. With the host present, the annual restriction is 365 days per calendar year.
• The STR dwelling unit shall contain the required number of parking places. 
•  When the host is absent on the premises for the duration of a guest's stay, the host must notify all visitors and residents of any surrounding properties in writing. The name and phone number of the local contact person should be included in this written communication.
• Maximum Occupancy: The maximum number of guests allowed in a single-family or mobile home is three when the host is present. The number of occupants allowed in each dwelling unit for two-family or multiple-family dwellings with the host is up to two.

Short-term rental occupancy is limited to two people in a studio apartment, three people in a one-bedroom unit, and two people per bedroom for each bedroom in excess of one-bedroom when the host is not present, but not to more than ten persons in total.

Ordinances and Zoning are subject to changes and should always be confirmed with the City. View the San Jose Municipal Code here. 

Business License Requirements

You must get a business tax certificate and collect a transient occupancy tax if you operate a short-term rental property in the City of San Jose, such as renting rooms on Airbnb, VRBO, or HomeAway. More information can be found here.

Building and Housing Standards

San Jose has rules and regulations that specify minimum building, design, maintenance standards, habitability, health, and safety requirements. Some rules and regulations that apply to residential and non-residential properties may apply to your listing. Please consult the San Jose Code of Ordinances and contact the Building Division for more information. 

Tourist and Local Taxes

The City of San Jose collects and distributes transient occupancy taxes (TOT). The host is exclusively responsible for TOTs. However, if the short-term rental occupancy is generated through a hosting platform with a collection and payment agreement with the City of such transient occupancy taxes, they may be paid on behalf of the host by a hosting platform.

Other Rules

After each transient rental period, the host must maintain records documenting compliance with these regulations for three years. In addition, the host must submit copies of records demonstrating compliance with these short-term rental regulations upon request from the city manager or any designee of the city manager. These documents include evidence of a hosting platform paying transient occupancy taxes on behalf of a host. It is also essential to understand and abide by other contracts or rules that bind you, such as leases, condo boards, co-op rules, HOA rules, or rules established by tenant organizations. Please read your lease agreement and check with your landlord if applicable. Visit the San Jose website for more information.