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Milpitas, CA Short-Term Rentals: Insurance Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Milpitas Municipal Code § C.10.200.C.11
Minimum coverage
$500,000 liability insurance
Who may carry it
Operator or the hosting platform
Proof exception
Waived if platform already extends similar coverage
Related duty
Operator must indemnify City, § C.15

Summary

In the City of Milpitas, Municipal Code Section C.10.200.C.11 requires an STR operator, or the hosting platform on the operator's behalf, to carry liability insurance of at least $500,000, though proof is waived when the platform already extends comparable coverage to every listing.

11.Liability Insurance. Liability insurance is required of the operator, or hosting platform on behalf of the operator, in the amount of no less than $500,000. Proof of liability insurance is not required if hosting activity is only handled by a hosting platform that already extends similar liability coverage.

Full Breakdown

Subsection C.11 of Milpitas's Short-Term Rental ordinance sets a specific dollar floor for liability coverage: liability insurance is required of the operator, or hosting platform on behalf of the operator, in the amount of no less than $500,000. The Subsection then carves out a narrow exception to the proof requirement, not to the coverage itself: proof of liability insurance is not required if hosting activity is only handled by a hosting platform that already extends similar liability coverage, meaning an operator who books exclusively through a platform that carries its own qualifying host-protection policy does not have to separately document a $500,000 policy at permit application, though the coverage amount the ordinance requires does not change.

The insurance duty sits among the same General Requirements, Subsection C, that impose the Good Neighbor Manual in Subsection C.14 and the indemnification obligation in Subsection C.15, under which the owner must defend and hold the City harmless from claims arising out of the STR's operation; together the three provisions shift both the practical and the legal risk of an STR incident away from the City and onto the operator or the platform standing behind the listing. Because the insurance requirement is a General Requirement rather than a one-time application item, the Director's annual Subsection E compliance review can confirm coverage is still in force for the life of the permit, not only at the time it was first issued.

Violations & Fines

Operating an STR without the $500,000 liability coverage required by Subsection C.11, or without a platform's qualifying substitute coverage, is a violation of Section C.10.200. Section G lets the City revoke the Short-Term Rental Permit after notice and a hearing under Section D.18.070, and the operator remains separately bound by the Subsection C.15 indemnification duty to defend and hold the City harmless regardless of the permit's status.

Frequently Asked Questions

How much liability insurance does a Milpitas short-term rental need?
Subsection C.11 of Section C.10.200 sets a floor of no less than $500,000 in liability insurance, carried by either the operator or the hosting platform on the operator's behalf. The coverage amount does not change even when the proof requirement is waived.
Do I have to show my own insurance policy if I list only on a booking platform?
Not necessarily. Subsection C.11 waives proof of liability insurance if the hosting activity is handled only by a platform that already extends similar liability coverage to its listings. If the operator books outside that platform too, the $500,000 coverage and its proof are still required.
What else backs up the insurance rule in Milpitas's STR ordinance?
Subsection C.15 separately requires the owner to defend, indemnify, and hold the City harmless from claims arising out of the STR's operation. That indemnification duty applies regardless of whether the operator's own policy or the platform's coverage satisfies Subsection C.11's $500,000 floor.

Sources & Official References

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