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Marin County, CA Short-Term Rentals: Host Presence Rule (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing chapter
Marin County Code Ch. 5.41 (Ord. No. 3816, 2024)
Hosted STR
Must be host's or owner's primary residence
Host duty
Must respond to guest-conduct complaints promptly
Unhosted STR alternative
Requires a named local contact person instead
Enforcing agency
Marin County Community Development Agency
Non-compliance
Counts toward license suspension or non-renewal

Summary

Marin County splits short-term rentals into 'hosted' units, the primary residence of the owner or a designated host, and 'unhosted' units with no resident overseeing them. Under Code Section 5.41.060(13), owners of hosted rentals must name a host who lives on the property and answers guest-conduct complaints; unhosted rentals need a local contact person instead.

These county ordinances apply to unincorporated areas of Marin County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

"Host": A host is a person identified by a short term rental property owner to reside at the property at which a short term rental is located. "Hosted short term rental": A short term rental that is the primary residence of a short term rental property owner or host. ... "Unhosted short term rental": Short-term rental occupancy of a residential unit on a property that does not provide a primary residence for the property owner or a long term tenant. ... 13.Host Responsibilities. A short term rental property owner must identify a host for every hosted short term rental if the host is different from the property owner. This host shall respond to any complaint received regarding the conduct of the short term rental guests or the condition or operation of the short term rental and take any necessary remedial action to resolve violations of Marin County Code requirements in a timely manner.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 2026 Update 1).

Full Breakdown

41, adopted by Ordinance No. 020: a 'hosted short term rental' is one that serves as the primary residence of the property owner or of a person the owner designates as 'host,' while an 'unhosted short term rental' provides no primary residence for the owner or a long-term tenant. 'Primary residence' means the dwelling where a person lives at least six months of the year. This distinction carries real duties, not just labels. 060(13) requires the owner of a hosted rental to identify a host if that host differs from the owner; the host must answer any complaint about guest conduct or the unit's condition and take remedial action promptly.

060(12): they must name a 'local contact person' with the same complaint-response responsibilities. Either way, the property owner remains legally responsible for the designated person's compliance with the whole chapter. 060(2)(iv), which bars new STR licenses in multi-family or condo units regardless of hosted status unless the unit was already operating legally before January 1, 2024. 07, which can lead to license suspension or non-renewal.

Violations & Fines

Marin County treats a missing or unresponsive host or contact person as a violation of the chapter's property standards under Section 5.41.060. A verified violation can lead to license suspension or revocation under Section 5.41.080, and a rental accumulating more than three verified substantial violations in one license term cannot have its license renewed under Section 5.41.050(F)(v). Owners retain the due-process and appeal rights of Marin County Code Chapters 1.05, 1.06 and 1.07 before any suspension becomes final.

Frequently Asked Questions

Does Marin County require a host to live on site during a short-term rental stay?
Not during every stay, but a 'hosted short term rental' under Section 5.41.020 must be the primary residence of the owner or a designated host, meaning that person lives there at least six months a year. Unhosted rentals skip this residency requirement but must instead have a named local contact person under Section 5.41.060(12).
What happens if a hosted rental's host does not respond to a neighbor's complaint?
Under Section 5.41.060(13), the host must respond to complaints about guest conduct or property conditions and take remedial action promptly. A verified failure counts as a violation of the chapter's property standards and can lead to license suspension under Section 5.41.080, with due-process rights under Chapters 1.05 through 1.07.
Can a multi-family or condo unit qualify as a hosted short-term rental?
Generally no. Section 5.41.060(2)(iv) bars short-term rental licenses in multi-family dwellings or condominium units regardless of hosted or unhosted status, except for units already operating legally as short-term rentals before January 1, 2024.

Sources & Official References

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