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

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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'?
Under § 4-40-210, a rental is 'hosted' only if the primary occupant of the dwelling occupies it for the entire rental period. If the occupant is absent for any part of the stay, the rental is 'non-hosted' and Chapter 4-41 bans it entirely, with no permit available to cure the problem.
Can I rent my whole San Leandro house while I'm away?
No. Chapter 4-41 prohibits renting all or part of a dwelling for fewer than 30 days whenever the primary occupant is not present the whole time. There is no permit or exception process; the City treats this as an outright ban enforced with misdemeanor penalties.
What's the penalty for a non-hosted short-term rental in San Leandro?
The first notice of violation is a misdemeanor with a $1,000 fine or up to six months in jail. Repeat violations add a public nuisance declaration, a City lawsuit with attorneys' fees, and, within a two-year window, triple damages on a third offense (§ 4-41-110).

Sources & Official References

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