San Jose, CA Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Governing section
- SJMC § 20.80.160
- ADU short-term rentals
- Flatly not allowed
- ADU long-term rentals
- Allowed, legal status protected
- Transient occupancy threshold
- 30 consecutive days or less
- STR still allowed in
- Primary home or guest house
Summary
San Jose lets homeowners rent an accessory dwelling unit long-term, but Municipal Code § 20.80.160 flatly bars incidental transient occupancy, stays under 30 days, inside an ADU, so short-term hosting must stay in the primary residence.
Incidental Transient Occupancy meeting the criteria of this Part is an allowed use in any One-Family Dwelling, Two-Family Dwelling, Multiple Family Dwelling, Mobilehome, Live/Work Unit, or Guest House. Incidental Transient Occupancy shall not be allowed in an Accessory Dwelling Unit.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).
Full Breakdown
Under San José Municipal Code § 20.80.160, incidental transient occupancy, the city's term for hosting paying guests for stays of 30 days or less, is an allowed accessory use inside a one-family dwelling, two-family dwelling, multiple family dwelling, mobilehome, live/work unit, or guest house, but the same section says it 'shall not be allowed in an Accessory Dwelling Unit.' Separately, § 20.80.175(F) confirms an ADU keeps its legal status even 'if the one-family dwelling or Accessory Dwelling is subsequently rented or leased,' so long-term renting an ADU is fine, the restriction targets short-term, transient hosting specifically, not tenancy length generally.
Violations & Fines
Running a short-term rental (Airbnb-style stays under 30 days) out of an ADU is an unpermitted use citywide, enforceable through San José's standard zoning code enforcement process regardless of hosting-platform listing status.
Frequently Asked Questions
Can I run an Airbnb out of my San Jose ADU?
Can I rent my ADU out long-term instead?
Sources & Official References
Other rules in San Jose
California rules heatmap·Compare San Jose to another location·View the California accessory structures overview
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ADU Rental Restrictions in Nearby Cities
How other cities in Santa Clara County handle adu rental restrictions.