ADU Rental Restrictions: San Jose vs Sunnyvale
How do adu rental restrictions rules compare between San Jose, CA and Sunnyvale, CA?
Sunnyvale has fewer restrictions than San Jose.
San Jose, CA
Santa Clara County
San Jose prohibits short-term rentals of ADUs and JADUs. Under SJMC 20.30.150 and SJMC 20.80.460, both ADUs and Junior ADUs may only be rented for terms of 31 days or longer. Hosted short-term rentals (under 30 days) are only allowed in the primary dwelling. Long-term rentals of standard ADUs face no owner-occupancy requirement, but JADUs remain tied to owner occupancy of either unit.
View full San Jose rules →Sunnyvale, CA
Santa Clara County
Sunnyvale prohibits short-term rentals of ADUs - stays must be 30 days or longer under California Government Code 65852.2(a)(6) and SMC Title 19. Long-term ADU rentals are not subject to local rent control (Sunnyvale has no rent stabilization ordinance) but are subject to statewide AB 1482 just-cause and rent-cap protections.
View full Sunnyvale rules →Key Facts Comparison
| Fact | San Jose | Sunnyvale |
|---|---|---|
| ADU STR Status | Prohibited | - |
| Minimum Rental Term | 31 days | - |
| Governing Sections | SJMC 20.30.150, 20.80.460 | - |
| First-Offense Penalty | $1,500 | - |
| JADU Rental Term | 31+ days only | - |
| Minimum Stay | - | 30 days (Gov. Code 65852.2(a)(6)) |
| Short-Term Rental | - | Not allowed for ADUs |
| Rent Control | - | None in Sunnyvale |
| AB 1482 | - | Applies (5%+CPI, just cause) |
| SFH/ADU Exemption | - | AB 1482 with proper notice |
| TOT Rate | - | 12.5% (under 30 days only) |
Highlighted rows indicate differences between cities.
San Jose FAQ
Can I list my San Jose ADU on Airbnb?
No. San Jose prohibits short-term rentals (under 31 days) in any ADU or JADU under SJMC 20.30.150 and 20.80.460. Listing or operating an Airbnb in an ADU is enforceable against both the host and the platform.
Can I rent my ADU to a traveling nurse for two months?
Yes. A 60-day rental term is a long-term rental under San Jose's definitions and is allowed in an ADU without owner occupancy. The minimum legal term is 31 consecutive days.
Sunnyvale FAQ
Can I list my Sunnyvale ADU on Airbnb?
No. California Government Code 65852.2(a)(6) and SMC Title 19 require ADU rentals to be 30 days or longer. Sunnyvale also has no citywide short-term rental program, so STRs are not authorized anywhere in the city. Sunnyvale Code Enforcement actively monitors Airbnb and Vrbo for non-compliant listings.
Is my Sunnyvale ADU subject to rent control?
Not local rent control - Sunnyvale has no rent stabilization ordinance. Statewide AB 1482 (Civil Code 1947.12) caps rent increases at 5% plus CPI annually with just-cause eviction protection. Individually-owned single-family homes with ADUs can be exempted from AB 1482 with proper written notice to tenants.
Compare other topics
See how San Jose and Sunnyvale compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool