City Watch
Short-term rental rules in San Jose, CA
How San Jose regulates short-term rentals: the rules that apply, their sources, and pending changes.
Short-term rentals here operate under a registration or permit system with ongoing operating rules.
- whole-home non-owner-occupied STR permitted, capped at 180 rental days per calendar year (host-present operation uncapped)
- business tax certificate registration required
- city levies transient occupancy tax on STR stays
- no citywide primary-residence requirement (a 60-day rule applies only to rent-controlled units)
Based on: San Jose Municipal Code Title 20 (Zoning), Ch. 20.80, Part 2.5 — Transient Occupancy as an Incidental Use to a Residence
Summary of the rule
San Jose Municipal Code Title 20, Ch. 20.80, Part 2.5 (Transient Occupancy as an Incidental Use to a Residence) sets the 'Annual limit on number of days for incidental transient occupancy' as '180 days per calendar year, no host present. 365 days per calendar year with host present.' Whole-home unhosted STR is thus permitted subject to a 180-day/year cap (host-present uncapped) — a non-foreclosing device with a real whole-home path.
Last reviewed Sep 22, 2026 · Sources · Report an error
Pending legislation
Monitoring San Jose · system last checked Oct 25, 2026
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City Watch tracks changes from public sources — council agendas, state bills, local news — not a complete legal compendium.
A city permit is not the whole picture — HOA, condominium, deed, or lease rules may be stricter.
City Watch provides good-faith summaries of publicly available information as of the review date shown. Rules, enforcement, and permit availability can change, and summaries may contain errors or omissions. Ratings describe the general regulatory environment; they do not establish whether a particular property or stay is permitted. This is general information, not legal advice. Before buying, listing, or hosting, verify applicable requirements with the responsible authorities and review any HOA, condominium, deed, or lease restrictions.