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

Host presence is central to Milpitas's short-term rental program (Zoning Code Section 13, XI-10-13.17). The City states that unhosted rentals are prohibited in STRs, meaning a short-term rental cannot operate as an entire home rented out with no resident host. The host, defined as the property owner or resident, must live in the actual dwelling unit being rented at least 275 nights per year, so the host is present in the home for the great majority of the year. To handle situations and complaints in real time, the host must be available on a 24-hour basis, or must designate a local contact and provide that person's name and telephone number; the designated contact must be able to respond to complaints within one hour. This combination of a live-in host plus a one-hour-response local contact ensures someone is always accountable for guest behavior, noise, parking, and emergencies. Because the rule forbids unhosted operation and requires year-round residency, Milpitas's model is a hosted, owner-occupied short-term rental rather than an absentee vacation-rental operation. The City discourages residential STR space being used for daytime events, reinforcing that the property remains an occupied home.