Are short-term rentals allowed in Oakland?

**No**, short-term rentals are currently prohibited in Oakland's residential zoning districts. The city is working on developing a formal regulatory framework, but until that is in place, STRs are not a permitted use. You need to check with the city's planning department for updates.

What is the TOT tax rate in Oakland?

**14%** is the current Transient Occupancy Tax (TOT) rate for short-term rentals in Oakland. You need to register with the Finance Department and remit this tax, even though STRs are not currently permitted. Failure to collect and remit TOT can result in penalties and legal action from the city.

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

**No**, there is currently no local STR-specific license required in Oakland, though standard state and county regulations may still apply. However, because Oakland is working on developing a formal regulatory framework, you need to check the city's website frequently for updates regarding permits and licensing.

Can renters host on Airbnb in Oakland?

**No**, renters are not permitted to host short-term rentals in Oakland, given that STRs are currently prohibited in residential zones. Even if a tenant were to collect and remit the 14% TOT, they would still be in violation of the city's zoning regulations until a formal framework is established.

What happens if I operate an illegal STR in Oakland?

**Penalties can be severe** if you operate an illegal short-term rental in Oakland. Although the city is developing a formal framework, operating an STR without proper authorization can result in fines and legal action. You need to comply with all zoning regulations and tax requirements to avoid penalties.

Oakland, CA Short-Term Rental Laws

Gold Standard Verification

100%

Forensically verified with 3+ official sources

Verified: Jan 30, 2026

3 Official Sources

Summary

Short-term rentals are currently not a permitted use in the City of Oakland's residential zoning districts, although the city is in the process of developing a formal regulatory framework. Despite the lack of a permit system, hosts are legally required to register for and remit a 14% Transient Occupancy Tax to the Finance Department.

Restriction Level

🚫

Prohibited

Score: 100 (lenient)

Why this classification:

•Banned in all/most residential zones
•All residential property types prohibited
•Tenants cannot host
•Reporting required
•No STR-specific permit required
•No night cap
•No primary residence requirement
•No STR-specific fee

In Plain English

To host an Airbnb in the City of Oakland, you should be aware that the city hasn't officially 'legalized' short-term rentals in residential areas yet, and they are technically prohibited by the zoning code. However, the city is working on new rules and, in the meantime, they expect all hosts to pay a 14% lodging tax (TOT) every month. You must register with the Finance Department to get a tax account. Be very careful if your home is rent-controlled, as Oakland has very strict laws protecting long-term tenants.

At a Glance

Permit Required

Night Limit

None

Primary Residence

Not Required

Total Tax Rate

0.1%

7 Things Hosts Often Miss

1.STRs are technically PROHIBITED in residential zones until the new ordinance is passed.
2.The TOT rate is 14%, which is higher than many neighboring cities.
3.Monthly TOT reporting is required even if your platform (like Airbnb) collects the tax for you.
4.Units subject to the Rent Adjustment Program (RSO) are generally ineligible for STR use.
5.Accessory Dwelling Units (ADUs) built after 2017 are typically prohibited from being used as STRs.
6.The city is actively developing a new permit system; rules may change significantly in 2024-2025.
7.Operating without a TOT account can lead to heavy back-tax penalties even without a permit system.

Regulation Details

Eligibility(8)

•Oakland: Accessory Dwelling Units (ADUs) built after 2017 are typically prohibited from being used as STRs.
•Oakland: Units subject to the Rent Adjustment Program (RSO) are generally ineligible for STR use.
•Oakland: STRs are technically PROHIBITED in residential zones until the new ordinance is passed.

Requirements(12)

•Common mistakes and gotchas for STR hosts in Oakland: 1. STRs are technically PROHIBITED in residential zones until the new ordinance is passed. 2. The TOT rate is 14%, which is higher than many neighboring cities. 3. Monthly TOT reporting is required even if your platform (like Airbnb) collects the tax for you. 4. Units subject to the Rent Adjustment Program (RSO) are generally ineligible for STR use. 5. Accessory Dwelling Units (ADUs) built after 2017 are typically prohibited from being used as STRs. 6. The city is actively developing a new permit system; rules may change significantly in 2024-2025. 7. Operating without a TOT account can lead to heavy back-tax penalties even without a permit system.

Application Process(6)

•How to set up an STR in Oakland: To host an Airbnb in the City of Oakland, you should be aware that the city hasn't officially 'legalized' short-term rentals in residential areas yet, and they are technically prohibited by the zoning code. However, the city is working on new rules and, in the meantime, they expect all hosts to pay a 14% lodging tax (TOT) every month. You must register with the Finance Department to get a tax account. Be very careful if your home is rent-controlled, as Oakland has very strict laws protecting long-term tenants.

Taxes(4)

•Oakland: Operating without a TOT account can lead to heavy back-tax penalties even without a permit system.
•Oakland: Monthly TOT reporting is required even if your platform (like Airbnb) collects the tax for you.
•Oakland: The TOT rate is 14%, which is higher than many neighboring cities.

Limits & Restrictions(2)

•Oakland limits stays to a maximum of 29 nights.
•Oakland enforces quiet hours: 10:00 PM - 7:00 AM (General Noise Ordinance).

Safety Requirements(1)

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

Penalties(1)

•Oakland enforces the following penalties for STR violations: First offense: Warning/Notice of Violation. Second offense: Civil penalties per Chapter 1.08. Third offense: Abatement and potential liens. Daily fine: Up to $1000. Maximum fine: Variable.

Exemptions(3)

•Oakland exempts the following from STR regulations: long-term rentals (30+ days).
•Oakland, CA: Rentals of 30+ days are generally NOT considered short-term rentals and may be exempt from STR regulations (but may have other requirements).
•Oakland: Rentals of 30+ days are generally NOT considered short-term rentals and may be exempt from STR regulations (but may have other requirements).

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

Oakland

Gold Standard Verification

Summary

Restriction Level

Why this classification:

In Plain English

At a Glance

7 Things Hosts Often Miss

Create a free account

Regulation Details

Eligibility(8)

Requirements(12)

Application Process(6)

Taxes(4)

Limits & Restrictions(2)

Safety Requirements(1)

Penalties(1)

Exemptions(3)

Create a free account

Frequently Asked Questions

Related Content

Other California Markets

Los Angeles

Anaheim

Mammoth Lakes

Big Bear Lake

Oakland

Gold Standard Verification

Summary

Restriction Level

Why this classification:

In Plain English

At a Glance

7 Things Hosts Often Miss

Frequently Asked Questions

1Are short-term rentals allowed in Oakland?

2What is the TOT tax rate in Oakland?

3Do I need a permit for short-term rentals in Oakland?

4Can renters host on Airbnb in Oakland?

5What happens if I operate an illegal STR in Oakland?

Related Content

Other California Markets

Los Angeles

Anaheim

Mammoth Lakes

Big Bear Lake