What should Berkeley hosts know about primary residence means residing there?

Primary residence means residing there for at least 275 days per calendar year.

What should Berkeley hosts know about rentals between 15 and 29?

Rentals between 15 and 29 consecutive days are strictly prohibited; only stays of 1-14 days (STR) or 30+ days (LTR) are allowed.

What should Berkeley hosts know about adus built after april 1?

ADUs built after April 1, 2017, cannot be used as short-term rentals.

What should Berkeley hosts know about an unhosted stay (entire unit?

An unhosted stay (entire unit while host is away) is capped at 90 days per year.

Short-Term Rental Laws in Berkeley, CA

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Verified: Feb 4, 2026

2 Official Sources

Summary

Short-term rentals in Berkeley are only permitted in the host's primary residence and are limited to 14 consecutive days per stay.

Restriction Level

🚫

Prohibited

Score: 100 (lenient)

Why this classification:

•Primary residence required
•Owner-occupied required
•Moderate night cap: 90 nights/year
•Moderate permit fee: $395
•Limited to 1 property per owner
•Permit required
•Reporting required
•Tenants can host

In Plain English

To host an STR in Berkeley, the property must be your primary home where you live at least 275 days a year. If you are not physically present during the guest's stay, you can only rent the unit for a total of 90 days per year; otherwise, there is no annual limit. You must obtain a zoning certificate, notify your neighbors, and pay a combined 14% tax and enforcement fee.

At a Glance

Permit Required

Night Limit

90/year

Primary Residence

Required

Total Tax Rate

0.1%

Permit Fee

$395

Max Fine

$10,000

4 Things Hosts Often Miss

Regulation Details

Eligibility(7)

•Berkeley prohibits STRs in the following property types: Below Market Rate (BMR) units, ADUs built after April 1, 2017, Units with no-fault evictions in last 5 years.
•Berkeley allows STRs in the following property types: Single Family Home, Condo, Primary Residence Dwelling Unit.
•Berkeley: ADUs built after April 1, 2017, cannot be used as short-term rentals.

Requirements(8)

•Berkeley STR warning: ADUs built after April 1, 2017, cannot be used as short-term rentals.
•Berkeley STR warning: Primary residence means residing there for at least 275 days per calendar year.

Application Process(6)

•Step-by-step guide to get an STR permit in Berkeley: Step 1: Verify Eligibility and Primary Residence - Confirm the unit is your primary residence where you live at least 275 days a year and check that your zoning allows STRs. Documents needed: CA Driver License, Utility Bill, Voter Registration. Estimated time: 1 day. More info: https://berkeley.ca.gov/business-economy/permits-licenses/zoning-permits/short-term-rentals Step 2: Obtain City Business License - Apply for a standard Berkeley business license through the Finance Department. Documents needed: Proof of Identity, Estimated Gross Receipts. Estimated time: 1-2 weeks. More info: https://berkeley.ca.gov/business-economy/permits-licenses/business-licenses Step 3: Apply for STR Zoning Certificate - Submit the Short-Term Rental Zoning Certificate application online or in person at the Permit Service Center. Documents needed: STR Application Form, Proof of Residency, Liability Insurance Policy ($1M), Property Owner Consent (if tenant). Estimated time: 2-4 weeks. Cost: 395. More info: https://berkeley.ca.gov/business-economy/permits-licenses/zoning-permits/short-term-rentals Step 4: Notify Adjacent Neighbors - Once approved, you must notify the residents of all adjacent properties that an STR has been established and provide contact information. Documents needed: Notification Letter. Estimated time: 1 week.

Fees & Costs(1)

•Berkeley charges a registration fee of $395.

Taxes(1)

•Berkeley charges a Transient Occupancy Tax of 0.12%.

Limits & Restrictions(4)

•Berkeley: An unhosted stay (entire unit while host is away) is capped at 90 days per year.
•Berkeley limits STRs to a maximum of 6 guests.
•Berkeley limits STRs to 90 nights per year.
•Berkeley: Each person can only register ONE property for short-term rental. You cannot legally operate multiple STRs.

Safety Requirements(1)

•Berkeley requires the following safety measures for STRs: smoke detectors, CO detectors, fire extinguisher.

Penalties(1)

•Berkeley enforces the following penalties for STR violations: Maximum fine: 10000.

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Disclaimer

Regulatory information is AI-researched for educational purposes. Details may be outdated or incomplete. Always verify requirements directly with your city/county planning department before operating a short-term rental.

Other California Markets

Los Angeles

California

Strict

The City of Los Angeles requires all short-term rental hosts to register for a Home-Sharing permit and only permits the rental of one's primary residence. Stays are capped at 120 days per year unless an Extended Home-Sharing permit is obtained, and rentals in RSO-regulated buildings or newer ADUs are strictly prohibited.

Permit requiredNight limitsPrimary residence

0.1% total tax

Anaheim

California

Prohibited

Short-term rentals in Anaheim are strictly limited to approximately 277 'pre-moratorium' operators who were grandfathered in 2019. The city currently prohibits the issuance of any new STR permits. Allowed operators must follow rigid 'Good Neighbor' policies, enforce a 3-night minimum stay, and pay a 15% Transient Occupancy Tax.

Permit required

15.0% total tax

Mammoth Lakes

California

Moderate

Short-term rentals are heavily regulated in Mammoth Lakes and generally restricted to multi-family and resort zones (RMF-2, Resort, etc.). Hosts must obtain an STR Certificate and a Business Tax Certificate, and pay a total TOT rate of 13%. Stays of 31 days or longer are exempt from these regulations.

Permit required

0.1% total tax

Big Bear Lake

California

Strict

The City of Big Bear Lake regulates short-term rentals under Chapter 5.44, requiring an annual license, rigorous safety inspections, and a strict guest limit of 2 per bedroom plus 2. Owners are limited to 2 licenses total and must remit a 9% combined TOT and TBID tax quarterly.

Permit required

0.1% total tax

Berkeley

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Summary

Restriction Level

Why this classification:

In Plain English

At a Glance

4 Things Hosts Often Miss

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Regulation Details

Eligibility(7)

Requirements(8)

Application Process(6)

Fees & Costs(1)

Taxes(1)

Limits & Restrictions(4)

Safety Requirements(1)

Penalties(1)

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Step-by-Step Application Guide

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Frequently Asked Questions

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Anaheim

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Berkeley

Verified Verification

Summary

Restriction Level

Why this classification:

In Plain English

At a Glance

4 Things Hosts Often Miss

Step-by-Step Application Guide

Upgrade to Pro

Frequently Asked Questions

1Do I need a permit for short-term rentals in Berkeley?

2Is there a limit on how many nights I can rent my home in Berkeley?

3What is the TOT tax rate in Berkeley?

4Can I rent out an investment property in Berkeley?

5Are there specific administrative steps for Berkeley STR hosts?

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