San Jose Short-Term Rental Regulations
| Permit | Not required |
| Primary Residence | Not required |
| Annual Day Limit | 180 days |
| Tax Rate | 6% |
| Max Penalty | $500 fine or 6 months imprisonment or both (criminal misdemeanor) |
| Insurance | Not required |
New to short-term rentals? Jump to the compliance checklist →
Permit & Licensing
San Jose does not require a specific STR permit at this time. Check with local government for any zoning or business license requirements.
Tax Obligations
| Tax | Rate | Authority |
|---|---|---|
| Transient Occupancy Tax | 6% | City of San Jose |
Combined rate: 6% of gross rental income.
Collection: Host self-remit by default; platform auto-remit available if platform has a city agreement
Filing: Monthly (default); quarterly election available for operators with annual tax debt under $100,000
Rental Limits
San Jose limits short-term rentals to 180 days per year. Each individual stay must be 30 consecutive calendar days or fewer per stay.
Occupancy & Density Limits
Host present — up to 3 transient users in a one-family dwelling or mobilehome; up to 2 transient users per unit in two-family or multiple family dwelling. Host not present — 2 people in studio, 3 people in one-bedroom, 2 per bedroom for each additional bedroom, max 10 persons total.
Zoning & Restrictions
Allowed in One-Family Dwelling, Two-Family Dwelling, Multiple Family Dwelling, Mobilehome, Live/Work Unit, Guest House. Prohibited in Accessory Dwelling Units.
Insurance & Safety
Insurance
San Jose does not require short-term rental operators to carry specific insurance. Standard homeowner policies often exclude short-term rental activity, so many hosts obtain dedicated short-term rental or landlord liability coverage.
Safety & Operating Requirements
- Any building or portion thereof used for incidental transient occupancy shall comply with the requirements of the housing code (Chapter 17.20)
Penalties for Non-Compliance
Maximum penalty: $500 fine or 6 months imprisonment or both (criminal misdemeanor).
Platform Requirements
Hosting platforms may collect and remit transient occupancy taxes on behalf of hosts if they have an agreement with the city for such collection and payment.
Compliance Checklist
Follow these steps to legally operate a short-term rental in San Jose:
- Meet safety requirements. Any building or portion thereof used for incidental transient occupancy shall comply with the requirements of the housing code (Chapter 17.20).
- Register for tax accounts. Set up lodging tax accounts with City of San Jose Director of Finance.
- Collect and remit taxes. 6% on all bookings.
Frequently Asked Questions
- Do you need a permit to run an Airbnb in San Jose?
- San Jose does not require a dedicated short-term rental permit, but you must still register for and remit applicable lodging taxes. Confirm local zoning rules still allow short-term rentals at your property before listing.
- Does San Jose require a short-term rental to be your primary residence?
- No. San Jose does not impose a primary-residence requirement, so non-owner-occupied rentals are allowed.
- How many days a year can you short-term rent in San Jose?
- San Jose limits short-term rentals to 180 days per year.
- What taxes do you pay on a short-term rental in San Jose?
- Short-term rental stays in San Jose are subject to a 6% Transient Occupancy Tax. The host is responsible for collecting and remitting it.
Tools for Short-Term Rental Hosts
AdServices that help hosts handle the legal, management, pricing, and cleaning side of a short-term rental.