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...

Gold Standard Verification

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Forensically verified with 3+ official sources

Verified: Jan 30, 2026

3 Official Sources

Summary

Short-term rentals are permitted in San Jose provided the property is the host's primary residence. While hosted rentals (where the owner is present) have no annual night limits, unhosted rentals are capped at 180 days per year.

Restriction Level

⛔

Strict

Score: 78 (lenient)

Why this classification:

•Primary residence required
•Owner-occupied required
•Limited to 1 property per owner
•Permit required
•Reporting required
•No STR-specific fee
•Tenants can host

In Plain English

To host an Airbnb in San Jose, you must live in the home you are renting out for at least 60 days of the year. You can rent out rooms while you are home as much as you like, but if you rent out the entire place while you are away, you are limited to 180 nights per year. You cannot rent out an ADU (like a backyard cottage) built after 2017, and you are strictly limited to a maximum of 3 guests at any time. You must register for a business license and pay a total tax of 14% (though platforms like Airbnb usually collect this for you).

At a Glance

Permit Required

Yes

Night Limit

180/year

Primary Residence

Required

Total Tax Rate

0.1%

Processing Time

Instant to 2 weeks

7 Things Hosts Often Miss

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).

Regulation Details

Eligibility(13)

•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.

Requirements(19)

•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 Process(8)

•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.

Taxes(2)

•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 & Restrictions(10)

•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 Requirements(1)

•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.

Penalties(5)

•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.

Exemptions(5)

•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.

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

San Jose

Gold Standard Verification

Summary

Restriction Level

Why this classification:

In Plain English

At a Glance

7 Things Hosts Often Miss

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Regulation Details

Eligibility(13)

Requirements(19)

Application Process(8)

Taxes(2)

Limits & Restrictions(10)

Safety Requirements(1)

Penalties(5)

Exemptions(5)

Create a free account

Frequently Asked Questions

Related Content

Other California Markets

Los Angeles

Anaheim

Mammoth Lakes

Big Bear Lake

San Jose

Gold Standard Verification

Summary

Restriction Level

Why this classification:

In Plain English

At a Glance

7 Things Hosts Often Miss

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?

Related Content

Other California Markets

Los Angeles

Anaheim

Mammoth Lakes

Big Bear Lake