San Jose, CA Short-Term Rentals: Extended Home Share (2026)
Key Facts
- Local code
- SJMC Chapter 20.80
- Extended-share tier
- Not offered
- Unhosted cap
- 180 nights per year
- Hosted limit
- Driven by host presence
- Tax
- TOT under Chapter 4.72
Summary
Unlike Los Angeles, San Jose does not offer an Extended Home-Share permit allowing more than 180 hosted nights per year. SJMC Chapter 20.80 governs Incidental Transient Occupancy with caps tied to host presence rather than a separate extended tier.
(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 lawfully occupied the residential real property for 24 months, then this subdivision shall only apply if either of the following are satisfied:
Full Breakdown
San Jose regulates short-term rentals as Incidental Transient Occupancies under SJMC Chapter 20.80, distinguishing between hosted (host present) and unhosted (host absent) stays. Hosted stays in a primary residence have generous limits since the host remains on site, while unhosted stays are capped at 180 nights per calendar year. The city has not adopted a Los Angeles-style Extended Home-Share permit allowing up to 365 unhosted nights. Hosts must collect and remit the city's Transient Occupancy Tax (TOT) under SJMC Chapter 4.72. Operators are required to register, post permit information, and comply with parking and noise rules. Platform liability provisions help with enforcement.
Violations & Fines
Operating beyond the 180-night unhosted cap, advertising without a city registration number, or failing to remit Transient Occupancy Tax can trigger SJMC Chapter 20.80 citations, registration revocation, back-tax assessment, and platform listing removal.
Frequently Asked Questions
Can I rent my San Jose home unhosted year-round?
Does host presence on the property reset the night cap?
Sources & Official References
Other rules in San Jose
California rules heatmap·Compare San Jose to another location·View the California short-term rentals overview
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Extended Home Share in Nearby Cities
How other cities in Santa Clara County handle extended home share.