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

**Yes**, San Jose requires a Short-Term Rental Business License for all rentals. You need to register your property and obtain a permit through the city's online portal. Keep in mind that the property must be your primary residence to be eligible. Operating without a permit can result in fines.

What is the TOT tax rate in San Jose?

**10% TOT** is the current transient occupancy tax rate for short-term rentals in San Jose. Hosts are responsible for collecting this tax from guests and remitting it to the city. Check with the city's finance department for filing deadlines and specific instructions. Some platforms may collect on your behalf.

Are short-term rentals allowed in San Jose?

**Yes**, short-term rentals are allowed in San Jose provided the property is your primary residence. Unhosted rentals are capped at 180 nights per year, while hosted rentals (where the owner is present) have no annual night limits. You must obtain a Short-Term Rental Business License to operate legally.

Do I need to live in my property to rent it on Airbnb in San Jose?

**Yes**, San Jose requires that the short-term rental property be the host's primary residence. This means you must live in the property for at least six months out of the year. This requirement is strictly enforced, and failure to comply can result in fines or revocation of your permit.

How many nights per year can I rent my property in San Jose?

**180 nights** is the limit for unhosted short-term rentals in San Jose. If you are present during the rental (hosted rental), there is no limit to the number of nights you can rent your property. Be sure to track your rental days to avoid violating the city's regulations.

San Jose, CA Short-Term Rental Laws...

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Regulation details

Sourced from official code

Eligibility13 rules

San Jose: ADUs (secondary units) built after 2017 cannot be used for STRs.
San Jose, CA: You can have a co-host or property manager help manage your listing.
San Jose: Must be your primary residence; you cannot rent out a second home or investment property.
San Jose: Your HOA can prohibit short-term rentals even if the city allows them. Check your CC&Rs before applying.

Requirements19 rules

Common mistakes and gotchas for STR hosts in San Jose: 1. Maximum of 3 guests allowed per unit, regardless of house size. 2. ADUs (secondary units) built after 2017 cannot be used for STRs. 3. Rent-controlled apartments (units under the Apartment Rent Ordinance) are prohibited from hosting. 4. Unhosted rentals (where the owner is not present) are capped at 180 nights per year. 5. Must be your primary residence; you cannot rent out a second home or investment property. 6. You must provide an emergency contact that can respond within 45 minutes. 7. A total tax of 14% applies (10% TOT + 4% Convention Center Tax).

Application process8 rules

San Jose, CA: To apply for an STR permit, you'll need: Proof of primary residence, Business Tax Certificate Number, Liability Insurance, Emergency contact information.

Taxes2 rules

San Jose charges a Transient Occupancy Tax of 10%. This applies to stays under 30 days. Platforms like Airbnb collect and remit this tax. Note: Airbnb and VRBO remit the 10% TOT and 4% Convention Center Tax automatically.
San Jose: A total tax of 14% applies (10% TOT + 4% Convention Center Tax).

Limits & restrictions10 rules

San Jose: Maximum of 3 guests allowed per unit, regardless of house size.
San Jose, CA: Each person can only register ONE property for short-term rental. You cannot legally operate multiple STRs.
San Jose: Each person can only register ONE property for short-term rental. You cannot legally operate multiple STRs.
San Jose enforces quiet hours: 10:00 PM to 7:00 AM.

Safety requirements1 rule

San Jose requires the following safety measures for STRs: smoke detectors, CO detectors, fire extinguisher, posted maximum occupancy, posted emergency contact, Interconnected smoke alarms, Egress window compliance.

Penalties5 rules

San Jose enforces the following penalties for STR violations: First offense: $500. Second offense: $1,000. Third offense: $2,500. Daily fine: Up to $2,500 per day. Maximum fine: Varies by violation. Permit may be revoked for violations.

Exemptions5 rules

San Jose exempts the following from STR regulations: long-term rentals (30+ days), extended stays.
San Jose: If you are present during the guest's stay (hosted rental), night caps may not apply to you.
San Jose, CA: If you are present during the guest's stay (hosted rental), night caps may not apply to you.

San Jose

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Frequently asked questions

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Summary

Restriction level

Why this classification

In plain English

At a glance

7 things hosts often miss

Regulation details

Frequently asked questions

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

2What is the TOT tax rate in San Jose?

3Are short-term rentals allowed in San Jose?

4Do I need to live in my property to rent it on Airbnb in San Jose?

5How many nights per year can I rent my property in San Jose?

Disclaimer