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Short-Term Rentals in Berkeley, CA (2026)

11 verified short-term rentals rules for Berkeley, California, sourced directly from the municipal code and official government pages.

Verified from official government sources

Short-Term Rental Permits

Berkeley will not let anyone rent a home for fewer than 14 days without a Zoning Certificate and a city Business License first. Table 23.202-1 lists short-term rentals as a ZC* use in residential districts, and Chapter 23.314 spells out the paperwork the Planning and Development Department requires before a host can operate.

Berkeley Short-Term Rental Permit Rules

Some Restrictions

Berkeley, CA, Municipal Code ch. 23.314, § 23.314.050(D)(1), (K)

D. Notification. 1. After the City approvers a Zoning Certificate and Business License for a short-term rental, a host shall notify residents of all adjacent properties that a short-term rental has been established. Notification shall include host and local contact information. ... K. Host Responsibilities. 1. The host shall list on any rental advertisement the Zoning Certificate number. 2. Upo...

Noise Rules

A Berkeley short-term rental host has to comply with the city's Second Response Ordinance, and a third violation affidavit for loud or unruly parties bans that host from operating any short-term rental for a full year. Section 23.314.060(A) sets the rule; excessive noise itself is also defined as a public nuisance.

Berkeley STR Noise and Party Rules

Significant Restrictions

Berkeley, CA, Municipal Code ch. 23.314, § 23.314.060(A), (B)(5)(a)

A. Compliance with Second-Response Ordinance. The host shall comply with the Second Response Ordinance in Municipal Code Section 13.48 (Civil Penalties for Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events). The host is prohibited from operating short-term rentals for one year after issuance of a third violation affidavit. ... 5. The following constitute a public ...

Taxes & Fees

Beyond the citywide 12% occupancy tax, Berkeley's short-term rental ordinance layers on a host enforcement fee of 2% of rents charged and requires $1 million in liability insurance, a Zoning Certificate and a business license before a host residence can be listed.

Berkeley Short-Term Rental Fees

Significant Restrictions

Berkeley Municipal Code § 23.314.050(E), (H) (Operating Standards and Requirements)

Enforcement Fees. 1. For the initial enforcement period, while enforcement costs are being determined, the host shall pay an additional enforcement fee in an amount equal to 2 percent of the rents charged by that host, not to exceed the cost of the regulatory program established by this chapter over time. 2. Enforcement fees may be paid by the hosting platform on behalf of the host. ... H. Tran...

Occupancy Limits

Berkeley does not put a flat headcount on a short-term rental; Section 23.314.050(C) sends the occupant limit to the Housing Code, whose floor-area math in Section 19.40.030 requires at least 120 square feet in one room and adds 50 square feet for every sleeping-room occupant past two.

Berkeley STR Occupancy Caps by Floor Area

Some Restrictions

Berkeley, CA, Municipal Code § 23.314.050(C); § 19.40.030 (303.2 Floor Area)

C. Number of Occupants. The maximum number of short-term rental transients allowed for a short-term rental unit is as provided in Municipal Code Chapter 19.40 (Uniform Housing Code). ... 303.2. Floor Area. Dwelling units and congregate residences shall have at least one room which shall have not less than 120 square feet of floor area. Other habitable rooms, except kitchens, shall have an area ...

Insurance Requirements

Every short-term rental in Berkeley has to carry at least $1 million in liability insurance. Section 23.314.050(F) lets either the host or the hosting platform hold that coverage, so a host booking exclusively through a platform that provides host-liability coverage can rely on it to meet the rule.

Berkeley STR $1 Million Insurance Rule

Some Restrictions

Berkeley, CA, Municipal Code ch. 23.314, § 23.314.050(F)

F. Liability Insurance. Liability insurance is required of the host, or hosting platform on behalf of the host, in the amount of at least $1 million.

Night Caps

When the host is not on site, Berkeley caps a short-term rental at 90 days per calendar year. Section 23.314.050(B)(2) sets that limit, and going over it is a Chapter 23.314 violation enforceable through the City's general penalty and administrative citation process.

Berkeley 90-Day Unhosted STR Cap

Some Restrictions

Berkeley, CA, Municipal Code ch. 23.314, § 23.314.050(B)(2)

B. Allowed Duration and Required Residency Timeframes. 1. When the host is present, a short-term rental is allowed for an unlimited number of days during the calendar year. 2. When the host is not present, a unit may be used as a short-term rental for no more than 90 days per calendar year. ... 1. Violation of this chapter is punishable as set forth in Municipal Code Sections 1.20 (General Pena...

Host Presence Rule

Berkeley defines 'host present' as the host actually living in the host residence during the rental period, and that status controls how many nights the unit can be rented. Section 23.314.050(B)(1) gives hosted rentals unlimited days a year once the host meets that presence test.

Berkeley Host Presence Rule for STRs

Some Restrictions

Berkeley, CA, Municipal Code ch. 23.314, § 23.314.020(A)(3), § 23.314.050(B)(1)

3. Host Present or Host Presence. The host is living in the host residence during the short-term rental period. In the case of a parcel comprised of a single primary unit and one or more authorized accessory dwelling units and/or accessory buildings, the host is considered present if he or she is present in any unit on such parcel. ... B. Allowed Duration and Required Residency Timeframes. 1. W...

Primary-Residence-Only Rule

Berkeley bans short-term rentals everywhere except the host's own principal residence. Section 23.314.040(A) states it flatly, and Section 23.314.020(A)(5) defines that residence by where the host actually lives, sleeps, and returns, not by ownership alone.

Berkeley Restricts STRs to Host Residence

Significant Restrictions

Berkeley, CA, Municipal Code ch. 23.314, § 23.314.020(A)(5), § 23.314.040(A)

5. Host Residence. A host's principal place of residence, as defined by whether the host carries on basic living activities at the dwelling place and, whether such dwelling place is the host's usual place of return. Motor vehicle registration, driver's license, voter registration or other evidence as may be required by the City shall be indicia of principal residency. ... A. Host Residence. Sho...

Extended Home Share

Berkeley permits unlimited extended home-share nights when the host stays onsite and rents only a portion of the dwelling, recognizing roommate-style arrangements as distinct from whole-home rentals.

Extended Home-Share Allowance With Host Onsite

Some Restrictions

California Civil Code § 1946.2(e) (AB 1482 just-cause exemption — transient/tourist hotel and owner-occupied)

(e) This section shall not apply to the following types of residential real properties or residential circumstances: (1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940. (4) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property. (5) Single-family...

Repeat Violator Strikes

A Berkeley short-term rental host loses the right to operate for a full year after a third violation affidavit is issued under the city's Second Response Ordinance. The rule ties directly to noise and party enforcement under BMC Chapter 13.48.

Berkeley STR Third-Strike One-Year Ban

Significant Restrictions

Berkeley, CA, Municipal Code § 23.314.060.A

23.314.060 Violations and Remedies. A. Compliance with Second-Response Ordinance. The host shall comply with the Second Response Ordinance in Municipal Code Section 13.48 (Civil Penalties for Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events). The host is prohibited from operating short-term rentals for one year after issuance of a third violation affidavit.

Host Platform Liability

Berkeley lets a hosting platform like Airbnb stand in for the host on money obligations: it can pay the host's enforcement fee and it must, along with the host, cover the transient occupancy tax. Sections 23.314.050(E) and (H) set the split.

Berkeley Hosting Platform Payment Duties

Some Restrictions

Berkeley, CA, Municipal Code ch. 23.314, § 23.314.050(E), (H)

E. Enforcement Fees. 1. For the initial enforcement period, while enforcement costs are being determined, the host shall pay an additional enforcement fee in an amount equal to 2 percent of the rents charged by that host, not to exceed the cost of the regulatory program established by this chapter over time. 2. Enforcement fees may be paid by the hosting platform on behalf of the host. After th...

Looking for Alameda County county-wide rules?

County ordinances apply to unincorporated areas and may supplement Berkeley city rules.

Short-Term Rentals in Alameda County