San Leandro, CA Short-Term Rentals: Host Presence Rule (2026)
Key Facts
- Non-hosted STR status
- prohibited outright, no permit exists
- "Hosted" defined as
- host present the entire stay
- 1st violation penalty
- $1,000 fine or 6 months jail
- 3rd violation (2 yrs)
- triple damages plus attorneys' fees
- Enforcement authority
- City Attorney, no Council approval needed
- Adopted
- Ordinance No. 2019-005, May 20, 2019
Summary
San Leandro only allows short-term rentals where the primary occupant stays in the home for the entire rental period, defined as 'hosted' under § 4-40-210. Chapter 4-41 flatly prohibits non-hosted rentals citywide, so an owner or tenant cannot rent out a whole unit and leave; doing so is a criminal misdemeanor, not just a code violation.
The purpose of this Chapter is to prohibit the non-hosted rental of all or part of a residential dwelling unit for fewer than 30 days. ... The renting, letting, or operating of non-hosted short term rentals in all dwelling units, bedrooms, buildings, structures or properties within the City of San Leandro is prohibited. ... "Hosted" means that the primary occupant of the dwelling within which the rental takes place occupies the dwelling during the entire rental period.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4967405; v8 updated 2026-07-06).
Full Breakdown
Adopted by Ordinance No. 2019-005 on May 20, 2019, Chapter 4-41 was enacted specifically 'to prohibit the non-hosted rental of all or part of a residential dwelling unit for fewer than 30 days,' finding it necessary for public health, safety, and welfare (§ 4-41-100). Section 4-41-110 makes 'the renting, letting, or operating of non-hosted short term rentals in all dwelling units, bedrooms, buildings, structures or properties within the City of San Leandro' unlawful outright, with no permit path available the way Chapter 4-40 provides for hosted stays.
Penalties escalate with each notice of violation: a first notice is a misdemeanor carrying a $1,000 fine or up to six months in jail; a second violation carries the same fine or jail term plus a declaration that the property is a public nuisance and a City lawsuit to enjoin the illegal use, with the property owner or host on the hook for the City's attorneys' fees and costs; a third violation within two years adds triple damages on top of the fine, jail exposure, and fee award, and the City Attorney can pursue punitive damages for a willful violation without needing City Council approval first.
Violations & Fines
First notice of violation: misdemeanor, $1,000 fine or up to six months in jail. Second violation: same penalty plus a public nuisance declaration and a City lawsuit to enjoin the rental, with attorneys' fees and costs charged to the host or owner. Third violation within two years: triple damages added to the fine and fee award, and the City Attorney may seek punitive damages for willful violations without City Council sign-off (§ 4-41-110).
Frequently Asked Questions
What makes a San Leandro short-term rental 'hosted' versus 'non-hosted'?
Can I rent my whole San Leandro house while I'm away?
What's the penalty for a non-hosted short-term rental in San Leandro?
Sources & Official References
Other rules in San Leandro
California rules heatmap·Compare San Leandro to another location·View the California short-term rentals overview
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Host Presence Rule in Nearby Cities
How other cities in Alameda County handle host presence rule.