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Short-Term Rental Regulations
in San Jose, CA

Last verified: March 2026 · Report an update

Zoning & Conditions

Incidental transient occupancy is allowed in most residential units but explicitly prohibited in Accessory Dwelling Units (ADUs); a 'primary residence' is required. Hosts must designate a 24/7 local contact and provide written notice to guests and adjacent properties; a 180-day annual limit applies when the host is not present, with no cap for hosted stays.

How to Obtain a Permit

1) Register for a Business Tax Certificate via the City’s portal (businesstax.sanjoseca.gov) within 90 days of starting operations; 2) Verify zoning eligibility with the Planning Division to ensure the unit type is allowed (e.g., not an ADU); 3) Comply with operational mandates including designating a 24/7 local contact and remitting Transient Occupancy Tax (TOT).

Regulatory Updates — San Jose

Proposed and recent legislation

PassedNovember 2024

San Jose STR Primary Residence Requirement Enforced

San Jose increased audits of STR listings to verify owner-occupancy, issuing fines to operators who listed investment properties not qualifying as a primary residence.

PassedJanuary 2025

Santa Clara County STR Tax Compliance Initiative

Santa Clara County launched a transient occupancy tax compliance initiative targeting STRs in San Jose and surrounding cities, requiring registration with the county assessor.

ProposedApril 2025

San Jose Council Considers STR Density Restrictions

The city council reviewed proposals to limit STR concentration in neighborhoods where housing affordability is most acute.

Official Resources

Official San Jose STR regulation source

Local Resources & Advocacy

California Rental Housing Association (CalRHA)Statewide

Statewide rental housing association monitoring and engaging on STR regulations across California cities.

Silicon Valley Association of REALTORSLocal

Regional REALTOR association covering San Jose and Silicon Valley, engaged on STR permitting issues.

Vacation Rental Management Association (VRMA)National

National trade organization for professional vacation rental managers.

Frequently Asked Questions

Are short-term rentals allowed in San Jose, CA?
Incidental transient occupancy is allowed in most residential units but explicitly prohibited in Accessory Dwelling Units (ADUs); a 'primary residence' is required. Hosts must designate a 24/7 local contact and provide written notice to guests and adjacent properties; a 180-day annual limit applies when the host is not present, with no cap for hosted stays.
Is a permit required to operate a short-term rental in San Jose?
Yes, a permit is required to operate a short-term rental in San Jose. 1) Register for a Business Tax Certificate via the City’s portal (businesstax.sanjoseca.gov) within 90 days of starting operations; 2) Verify zoning eligibility with the Planning Division to ensure the unit type is allowed (e.g., not an ADU); 3) Comply with operational mandates including designating a 24/7 local contact and remitting Transient Occupancy Tax (TOT).
How do I get a short-term rental permit in San Jose?
1) Register for a Business Tax Certificate via the City’s portal (businesstax.sanjoseca.gov) within 90 days of starting operations; 2) Verify zoning eligibility with the Planning Division to ensure the unit type is allowed (e.g., not an ADU); 3) Comply with operational mandates including designating a 24/7 local contact and remitting Transient Occupancy Tax (TOT).
Can I operate an Airbnb in San Jose if I don't live there?
No. San Jose requires the STR property to be your primary residence. Investment properties — those not occupied by the owner as a primary residence — are not eligible for an STR permit.
What is required to get an STR permit in San Jose?
You need a short-term rental permit from the city, proof that the property is your primary residence, a business tax certificate, and compliance with transient occupancy tax requirements. Annual renewal is required.
How many days per year can I rent my San Jose home on Airbnb?
San Jose does not currently impose a specific annual day cap. However, renting is only permitted when you, as the primary resident, are authorized — the primary residence requirement is the main constraint.
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Disclaimer

This information is for general reference only and may not reflect the most current regulations. STR regulations change frequently. Always verify requirements with official local government sources before operating a short-term rental.

Last verified: March 2026 · Suggest a correction