Short-Term Rental (STR) Regulations in San Jose, CA

Overview of Short-Term Rentals in San Jose

Are Short-Term Rentals Allowed? Yes, short-term rentals are permitted in San Jose with specific regulations. The city allows STRs in:

• Single-family homes
• Two-family dwellings
• Multi-family dwellings
• Mobile homes
• Live/work units
• Guest houses

Key Restrictions:

• NOT allowed in accessory dwelling units (ADUs)
• 180-day annual limit when host is not present
• No limit when host is on-site

How to Start a Short-Term Rental Business

Required Steps:

1. Verify Property Eligibility

• Ensure your property type is permitted
• Check lease agreements, HOA rules, and other potential restrictions

2. Obtain Business License

• Register for a business tax certificate with the City of San Jose
• Visit: https://www.sanjoseca.gov/business/register-for-a-business-tax-certificate-2/

3. Comply with Occupancy Limits

• When host is present: Maximum 3 guests in single-family/mobile home
• When host is absent:
  • 2 guests in studio
  • 3 guests in 1-bedroom
  • 2 guests per bedroom (max 10 total)

4. Parking Requirements

• Must provide required parking spaces per zoning ordinance

Documentation and Recordkeeping

• Maintain rental documentation for 3 years
• Be prepared to provide records if requested by city manager

Taxes and Financial Considerations

Transient Occupancy Taxes (TOT)

• City of San Jose: 10% TOT
• Santa Clara County: Additional 8% TOT
• Airbnb automatically collects and remits these taxes

Specific Regulations

Local Contact Person Requirements

• When host is not present, provide written notice to:
  • Guests
  • Neighboring properties
• Include local contact's name and phone number

Property Compliance

• Must meet city housing code requirements
• Maintain safe and habitable living conditions

Contacts and Resources

City of San Jose Departments

• Planning, Building & Code Enforcement

  • Website: http://www.sanjoseca.gov/index.aspx?NID=205

• Business Registration

  • Website: http://www.sanjoseca.gov/index.aspx?nid=1154

Contact Information

• Department of Housing
  • Phone: (408) 975-4480
  • Email: RentRegistry@sanjoseca.gov

Recommended Sources for More Information

• San Jose Municipal Code: https://library.municode.com/ca/san_jose/codes/code_of_ordinances
• City of San Jose Website: https://www.sanjoseca.gov/

Disclaimer

Regulations can change. Always verify current requirements with official city sources and consider consulting a local legal professional specializing in short-term rental regulations.