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

Unincorporated Santa Clara County imposes no short-term-rental-specific insurance requirement. Because the County has not adopted a dedicated STR ordinance, there is no County rule requiring a host to carry a minimum amount of liability coverage or to submit a certificate of insurance as a condition of operating, unlike several incorporated cities in the county that require proof of liability insurance. The County's operative obligations for lodging operators come from the Transient Occupancy Tax Ordinance (Division A30) - registration, tax collection, and posting a Transient Occupancy Registration Certificate - none of which require insurance. Where a lodging use is approved through a discretionary permit (for example, a winery-related Bed and Breakfast Inn), the County could attach insurance or indemnification conditions case by case, but an ordinary residential short-term rental is not subject to a standing County insurance mandate. Even without a legal requirement, carrying adequate homeowner or commercial liability coverage suited to rental use is strongly advisable: standard homeowner policies often exclude commercial or short-term-rental activity, and hosting platforms' built-in protections may not fully cover a host's exposure. Hosts should confirm coverage with their insurer before listing and should verify any parcel-specific permit conditions with the County Department of Planning and Development.