San Jose, CA Short-Term Rentals: Host Presence Rule (2026)
Key Facts
- Host-present window
- 10:00 p.m.–6:00 a.m. on-site required
- Host-present occupancy
- Up to 3 guests (one-family dwelling)
- Host-present annual cap
- 365 days per year
- Not-present annual cap
- 180 days per year
- Governing section
- SJMC § 20.80.150(C); Table 20-165
Summary
San Jose's incidental transient occupancy ordinance defines 'host present' as the host being on-site every night between 10 p.m. and 6 a.m., a status that unlocks higher occupant counts and a 365-day rental cap under Table 20-165.
"Host present" means the host is present on the premises of the dwelling unit that is being used for incidental transient occupancy during the term of the transient occupancy at all times between the hours of 10:00 p.m. and 6:00 a.m.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).
Full Breakdown
Section 20.80.150(C) of the Municipal Code defines "host present" as the host being on the premises of the incidental-transient-occupancy dwelling at all times between 10:00 p.m. and 6:00 a.m. during the transient stay. That status matters because Table 20-165 at Section 20.80.170 sets different rules depending on it: with the host present, occupancy runs up to 3 transient users in a one-family dwelling or 2 per unit in a two-family or multiple-family dwelling, rentals can run all 365 days of the year, and no local-contact-person notice to neighbors is required. Without the host present, occupancy is capped by bedroom count up to 10 people total, and the annual cap drops to 180 days.
Violations & Fines
Renting without meeting the host-present definition but claiming host-present occupancy or the 365-day allowance takes the rental outside Table 20-165's allowed-use criteria in Section 20.80.160, exposing the property to zoning code enforcement.
Frequently Asked Questions
What counts as 'host present' in San Jose?
Why does host presence matter for how many nights I can rent?
Does host presence affect how many guests I can host?
Sources & Official References
Other rules in San Jose
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Host Presence Rule in Nearby Cities
How other cities in Santa Clara County handle host presence rule.