Night Caps: Bostonia vs San Diego

Is there a limit on how many nights I can rent my property in unincorporated San Diego County?

No. The County has not adopted a short-term rental ordinance with an annual night cap. Unlike the City of San Diego, which restricts most non-primary-residence whole-home rentals through its tiered STRO licensing program, the unincorporated County does not impose night limits. You must, however, register for a TOT certificate and remit 8% Transient Occupancy Tax on stays of 30 days or less.

Do I need a permit or license from the County to short-term rent in an unincorporated area?

No business license is required, but you must register through the County of San Diego TOT portal (tot.sdttc.com) and obtain a TOT certificate. The TOT certificate is explicitly not a permit to operate and does not excuse you from complying with zoning, building, fire, and health rules. Coastal-zone properties may also be subject to California Coastal Commission jurisdiction.

Does this apply if my property is inside a city like Chula Vista or Encinitas?

No. The County Zoning Ordinance and the County TOT apply only in the unincorporated area. Each incorporated city in San Diego County (San Diego, Chula Vista, Carlsbad, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Marcos, Santee, Solana Beach, Vista) administers its own STR ordinance, license, and TOT rate.

How many nights per year can I rent my San Diego home short-term?

If your aggregate STRO use is 20 days or less per calendar year, a Tier 1 license is sufficient under SDMC Chapter 5, Article 10, Division 1. Renting more than 20 days per year requires a Tier 2 home-share license (host onsite), a Tier 3 whole-home license outside Mission Beach, or a Tier 4 license inside Mission Beach. Tier 3 and Tier 4 licenses are capped and currently distributed by lottery.

Is there a maximum number of nights for a Tier 3 whole-home rental?

There is no per-year maximum night cap on Tier 3 or Tier 4 use, but SDMC Section 510.0107 requires a minimum 90-day STRO use per license term and limits the host's absence accordingly. Each booking must also be at least two consecutive nights. The binding limit is the citywide 1% Tier 3 cap on the total number of licenses, not days per license.

What if I exceed 20 days without upgrading to a Tier 2, 3, or 4 license?

Operating beyond 20 days per calendar year without the proper tier license violates SDMC Chapter 5, Article 10, Division 1. The Office of the City Treasurer can issue civil penalties, revoke the Tier 1 license, and pursue unpaid Transient Occupancy Tax. Hosting platforms must also remove unlicensed listings. Confirm your tier with STRO Administration at (619) 615-6120.