San Jose requires all short-term rental hosts to obtain an annual permit for their primary residence only. Unhosted rentals are capped at 180 nights per year, while hosted rentals have no limit. Accessory Dwelling Units (ADUs) and guest houses are strictly prohibited from being used as STRs.
To host an Airbnb in San Jose, you must get a city permit for your primary residence, where you've lived for at least 60 days. You cannot rent out a separate ADU or guest house. If you're not present during the stay (unhosted), you're limited to 180 nights per year; there's no limit if you're present (hosted). You must post your permit number on your listing and, even though Airbnb collects the 10% city tax, you still need to register with the city's tax office and file quarterly returns.
Permit Required
Yes
Night Limit
180/year
Primary Residence
Required
Total Tax Rate
10.0%
Disclaimer
This information is for general guidance only and should not be considered legal advice. Regulations change frequently. Always verify current requirements with local government authorities before operating a short-term rental.
Learn more about STR regulations and hosting tips.
Regulations Videos
Permit Fee
$250
Processing Time
2-4 weeks
Expert advice on STR compliance