Sunnyvale, CA Short-Term Rentals: Host Presence Rule (2026)
Key Facts
- Rule
- Host must reside on site throughout the stay
- Defined as
- Property is host's primary residence
- ADU exception
- Lodgers in ADU if host is in primary dwelling
- Two-family exception
- Lodgers in one unit if host is in the other
- Enforcement
- Director revocation after notice and hearing
- Governing section
- SMC § 19.76.040(a)(4)
Summary
Sunnyvale only permits hosted short-term rentals, meaning the host must physically reside on site throughout every lodger's stay. Section 19.76.040(a)(4) defines residing on site as using the property as a primary residence for eating, sleeping and daily living while lodgers are present.
The host shall reside on site throughout the lodgers' stay. To reside on site means that the property being used for short-term rentals is the host's primary residence and the host uses the property for purposes of eating, sleeping, and other activities of daily living during the time periods that lodgers are present. Lodgers may stay in an accessory dwelling unit if the host resides in the primary dwelling. Lodgers may also stay in one dwelling unit of a two-family dwelling if the host resides in the other dwelling unit.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4856529; v14 updated 2026-05-19).
Full Breakdown
040(a)(4) requires the host to reside on site throughout the lodgers' stay, and it defines that phrase precisely: the property being rented must be the host's primary residence, and the host must use it for eating, sleeping and other activities of daily living during the exact period lodgers occupy it. The chapter allows two limited configurations that still satisfy the rule. Lodgers may stay in an accessory dwelling unit if the host resides in the primary dwelling on the same lot, and lodgers may stay in one unit of a two-family dwelling if the host resides in the other unit.
030. Because the presence requirement is baked into the definition of a lawful hosted rental, violating it is not a separate infraction category but converts the whole booking into an unapproved, prohibited short-term rental subject to the chapter's enforcement provisions.
Violations & Fines
A rental where the host does not reside on site loses the hosted-rental exemption and becomes a prohibited short-term rental under Section 19.76.030. The director may revoke an existing approval for this reason under Section 19.76.070 after mailed notice and a hearing, and Section 19.76.090 authorizes the city attorney to abate the activity as a public nuisance.
Frequently Asked Questions
Do I have to be home during my Sunnyvale short-term rental?
Can I rent out my whole house while I'm away in Sunnyvale?
Can lodgers stay in my backyard ADU while I live in the main house?
Sources & Official References
Other rules in Sunnyvale
California rules heatmap·Compare Sunnyvale to another location·View the California short-term rentals overview
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Host Presence Rule in Nearby Cities
How other cities in Santa Clara County handle host presence rule.