12 verified short-term rentals rules for San Jose, California, sourced directly from the municipal code and official government pages.
Verified from official government sources
San Jose regulates STRs under SJMC §20.80 Part 2.5. Hosts must obtain a business tax certificate. Owner-occupied rentals have unlimited days; non-owner-occupied are capped at 180 days per year.
Short-term rentals in San Jose are subject to the same noise standards as all other residential property. SJMC Chapter 10.16 sets a quiet-hours period from 10:00 p.m. to 7:00 a.m., with reduced nighttime decibel limits at the property line, and STR operators must designate a local contact reachable around the clock to respond to noise and nuisance complaints under SJMC Title 20 Chapter 20.80 Part 2.5.
San Jose imposes a 10% Transient Occupancy Tax (TOT) on short-term rentals of 30 consecutive days or less, levied under SJMC Chapters 4.72 (6%) and 4.74 (4%). Operators must also obtain a Business Tax Certificate before renting and comply with the Incidental Transient Occupancy provisions in SJMC Title 20 Chapter 20.80 (Part 2.5).
San Jose STR hosts must provide on-site parking matching the zoning requirement for the underlying residential use, typically two off-street spaces for single-family homes. Guest parking spilling onto residential streets is a leading complaint source and may trigger citations under the city's residential permit parking program.
California Vehicle Code § 22651
(d) If a vehicle is illegally parked so as to block the entrance to a private driveway, and it is impractical to move the vehicle from in front of the driveway to another point on the highway. (e) If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant, and it is impracticable to move the vehicle from in front of the fire hydrant to another point on ...
San Jose caps short-term rental occupancy at 2 persons per bedroom plus 2 additional, with an absolute ceiling of 10 guests regardless of bedroom count. The limit appears on the Business Tax Certificate and must be posted inside the unit. Daytime gathering limits further restrict guest counts during events.
California Health and Safety Code § 17920.3
Any building or portion thereof, regardless of zoning designation or approved uses of the building, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents,...
San Jose caps unhosted short-term rentals at 180 nights per calendar year under Municipal Code Chapter 20.80. Hosted rentals, where the operator remains on-site, have no night limit. The city tracks occupancy through platform data-sharing agreements and complaint-based audits.
San Jose requires all short-term rental operators to register the property, obtain a Business Tax Certificate, and comply with the Incidental Transient Occupancy ordinance codified in Municipal Code Chapter 20.80. Hosts must collect and remit a 10% Transient Occupancy Tax and identify a local contact available 24/7 for complaints.
San Jose distinguishes hosted short-term rentals (host onsite during stay) from unhosted rentals (host away) under SJMC Section 20.80.140, allowing hosted stays without an annual cap and unhosted stays only at the host's primary residence with a 180-night annual limit.
Unhosted short-term rentals in San Jose are permitted only at the host's primary residence under SJMC Section 20.80.140, defined as the dwelling the host occupies for at least sixty consecutive days or 185 days a year and uses on tax filings.
Under SJMC Section 20.80.140 and the city's administrative citation framework, repeat short-term rental violations such as exceeding night caps, party-house complaints, or unpermitted operation lead to escalating fines, registration suspension, and ultimately permanent revocation.
San Jose enforces platform and host liability through SJMC Section 20.80.140 paired with California's Hosting Platform rules; platforms must verify registration numbers, remit Transient Occupancy Tax, and remove non-compliant listings, while hosts retain primary liability for code, tax, and nuisance violations.
County ordinances apply to unincorporated areas and may supplement San Jose city rules.
Short-Term Rentals in Santa Clara County →