Short-Term Rentals in Milpitas, CA (2026)

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

Verified from official government sources

Short-Term Rental Permits

In the City of Milpitas, an owner must obtain a Short-Term Rental Permit under Municipal Code Section C.10.200.C.1 and a City Business License before renting a dwelling short-term, and the Director decides the permit application after reviewing the required owner, alternative-contact, and parking information.

Milpitas Short-Term Rental Permit Rules

Some Restrictions

Milpitas Municipal Code § C.10.200.C.1, D.1-D.2

1.Required Permits. ... Prior to the operation of a dwelling unit, or a portion thereof, as an STR, the operator must obtain a Short-Term Rental Permit in accordance with this Section and a Business License in accordance with Milpitas Municipal Code Chapter III-1 (Business Licenses). A Short-Term Rental Permit may be terminated or revoked if the standards of this Title are not met. ... D.Applic...

Full ordinance details →Official source ↗

Noise Rules

In the City of Milpitas, Municipal Code Section C.10.200.C.12 limits short-term rentals to dwelling, lodging, and sleeping purposes only, expressly banning any commercial or assembly use such as a wedding, corporate event, or party, the ordinance's main tool against noise and nuisance complaints from STR gatherings.

Milpitas Bars Parties at Short-Term Rentals

Significant Restrictions

Milpitas Municipal Code § C.10.200.C.12

12.Commercial and Assembly Uses Prohibited. STRs are limited to dwelling, lodging, and sleeping purposes only. Use of the STR for any other commercial uses or assembly uses such as weddings, corporate events, or parties, is prohibited.

Full ordinance details →Official source ↗

Taxes & Fees

In the City of Milpitas, Municipal Code Section C.10.200.C.13 requires the short-term rental operator or its hosting platform to collect and remit the Transient Occupancy Tax under Chapter III-13, and the operator must keep TOT payment records for three years even when the platform pays the tax.

Milpitas Short-Term Rental Occupancy Tax

Some Restrictions

Milpitas Municipal Code § C.10.200.C.13

13.Transient Occupancy Tax (TOT). Either the operator or hosting platform must collect and remit the transient occupancy tax in accordance with Milpitas Municipal Code Chapter III-13 (Transient Occupancy Tax). The operator must maintain records of TOT paid, even if paid by a hosting platform, for three years.

Full ordinance details →Official source ↗

Short-Term Rental Parking Rules

Milpitas requires every short-term rental to provide one off-street parking space under Municipal Code Section XIII-C.10.200.C.4. The space must meet Chapter C.6 parking and loading standards, and only parking beyond what the primary dwelling already needs may be assigned to the STR. Operators without a compliant space cannot receive a Short-Term Rental Permit from Planning and Neighborhood Services.

Milpitas Short-Term Rental Parking Rule

Some Restrictions

Milpitas Municipal Code § XIII-C.10.200.C.4

4.Off-Street Parking Requirement. One off-street parking space must be provided for the STR. Any parking space in excess of the required number of parking spaces for the primary dwelling unit in accordance with Chapter C.6 (Parking and Loading) may be used for the STR. The parking space must comply with all development standards set forth in Chapter C.6 (Parking and Loading).

Full ordinance details →Official source ↗

Occupancy Limits

In the City of Milpitas, Municipal Code Section C.10.200.C.7 caps short-term rental occupancy at two persons per bedroom plus one additional person, with separate daytime (7 a.m. to 9 p.m.) and overnight (9 p.m. to 7 a.m.) limits, and bars operators from letting any gathering exceed that maximum.

Milpitas Short-Term Rental Occupancy Cap

Some Restrictions

Milpitas Municipal Code § C.10.200.C.7

7.Maximum Occupancy. The daytime (7:00 a.m. to 9:00 p.m.) and overnight (9:00 p.m. to 7:00 a.m.) occupancy of the STR is limited to a maximum of two persons per bedroom plus one additional person. The operator shall not allow the STR to be used for any gathering where the number of persons will exceed the permitted maximum occupancy limits.

Full ordinance details →Official source ↗

Insurance Requirements

In the City of Milpitas, Municipal Code Section C.10.200.C.11 requires an STR operator, or the hosting platform on the operator's behalf, to carry liability insurance of at least $500,000, though proof is waived when the platform already extends comparable coverage to every listing.

Milpitas Short-Term Rental Insurance Rule

Some Restrictions

Milpitas Municipal Code § C.10.200.C.11

11.Liability Insurance. Liability insurance is required of the operator, or hosting platform on behalf of the operator, in the amount of no less than $500,000. Proof of liability insurance is not required if hosting activity is only handled by a hosting platform that already extends similar liability coverage.

Full ordinance details →Official source ↗

Host Presence Rule

In the City of Milpitas, Municipal Code Section C.10.200.C.6 allows only hosted short-term rentals: the owner or operator must be living in and present at the dwelling during the STR period, and un-hosted rentals where no owner or operator stays on site are outright prohibited citywide.

Milpitas Short-Term Rental Host-Presence Rule

Significant Restrictions

Milpitas Municipal Code § C.10.200.C.6

6.Hosted Rentals Only. An operator may only conduct a hosted rental, where an owner or operator is living and present in the dwelling unit during the short-term rental period. Un-hosted rentals, where an owner or operator is not living and present in the primary dwelling unit during the short-term rental period, are prohibited in STRs.

Full ordinance details →Official source ↗

Primary-Residence-Only Rule

Milpitas confines short-term rentals to the primary dwelling unit on a property under Municipal Code Section XIII-C.10.200.B.3, barring STRs in accessory structures, ADUs, and recreational vehicles. Section C.6 layers on a hosted-only rule: the owner or operator must live in and be present at the unit throughout every stay, so unhosted rentals are prohibited citywide.

Milpitas STRs Limited to Primary Dwelling

Significant Restrictions

Milpitas Municipal Code § XIII-C.10.200.B.3, C.6

3.Permitted in Primary Dwelling Units Only. STRs are permitted in primary dwelling units only. STRs are not permitted within accessory structures and buildings, ADUs, or recreational vehicles. ... 6.Hosted Rentals Only. An operator may only conduct a hosted rental, where an owner or operator is living and present in the dwelling unit during the short-term rental period. Un-hosted rentals, where...

Full ordinance details →Official source ↗

Looking for Santa Clara County county-wide rules?

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

Short-Term Rentals in Santa Clara County →