Short-Term Rental Regulations
in San Jose, CA

Airbnb listings are allowed in San Jose, CA, but with restrictions. 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. A permit is required before you can host. These rules apply to all short-term rental platforms (Airbnb, Vrbo, Booking.com, etc.) — not just Airbnb specifically. See the official source linked on this page for full requirements. Last verified 2026-05-14.

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.

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).

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).

Vrbo is permitted in San Jose, CA under the same restrictions that apply to Airbnb — local rules govern the rental itself, not the specific platform. You must hold a valid permit before hosting on Vrbo. Last verified 2026-05-14.

Short-term rental hosts in San Jose are typically responsible for lodging, occupancy, and applicable sales taxes — these usually apply even where hosting is allowed without a permit. Rates and remittance rules vary by jurisdiction (state, county, and city can each levy a share); confirm the current rates with the official source linked on this page. Platforms such as Airbnb and Vrbo collect some taxes automatically, but the host remains liable for any not collected on their behalf.

The most recent tracked change in San Jose is "San Jose STR Primary Residence Requirement Enforced" (2024-11-01, status: passed). 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. See the regulatory updates section on this page for the full history.

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.

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.

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.