Short-Term Rentals in San Jose, CA (2026)

San Jose Municipal Code § 4.74.070

On or before May 1, 1985, or within thirty days after commencing business in the city, whichever is later, each operator of any hotel renting occupancy to transients shall register said hotel with the director of finance and shall obtain from the director of finance a transient occupancy registration certificate to be at all times posted in a conspicuous place on the premises.

San Jose Municipal Code § 20.80.170

Transient occupancy taxes are collected and paid to the city pursuant to Chapters 4.72 and 4.74 of this Code. Transient occupancy taxes are the responsibility of the host, but may be paid by a hosting platform on behalf of a host if the incidental transient occupancy is created through a hosting platform that has an agreement with the city for collection and payment of such transient occupancy ...

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 ...

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 Municipal Code § 20.80.170

Incidental transient occupancy of a residential dwelling is only allowed as an incidental use of such dwelling if the incidental transient occupancy conforms to each of the performance criteria set forth in Table 20-165 below. ... Annual limit on number of days for incidental transient occupancy: 180 days per calendar year, no host present. 365 days per calendar year with host present.

San Jose Municipal Code § 20.80.150(C)

"Host present" means the host is present on the premises of the dwelling unit that is being used for incidental transient occupancy during the term of the transient occupancy at all times between the hours of 10:00 p.m. and 6:00 a.m.

San Jose Municipal Code § 20.80.170, Table 20-165

Incidental transient occupancy is only a permitted use in a dwelling that is subject to Parts 1 - 6 of Chapter 17.23 of this Code, if the host is a person who occupies the unit that is being used for incidental transient occupancy for at least 60 consecutive days, with the intent to establish that dwelling as the host's primary residence. Payment of transient occupancy tax Transient occupancy ...

California Civil Code § 1946.2

(a) Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate a tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawf...