Berkeley, CA Short-Term Rentals: Night Caps (2026)
Key Facts
- Unhosted cap
- 90 days per calendar year
- Hosted rentals
- No day limit, § 23.314.050(B)(1)
- Tracking basis
- Presence filings, § 23.314.050(A)
- Penalty for excess days
- BMC §§ 1.20, 1.28, 1.24/1.26
Summary
When the host is not on site, Berkeley caps a short-term rental at 90 days per calendar year. Section 23.314.050(B)(2) sets that limit, and going over it is a Chapter 23.314 violation enforceable through the City's general penalty and administrative citation process.
B. Allowed Duration and Required Residency Timeframes. 1. When the host is present, a short-term rental is allowed for an unlimited number of days during the calendar year. 2. When the host is not present, a unit may be used as a short-term rental for no more than 90 days per calendar year. ... 1. Violation of this chapter is punishable as set forth in Municipal Code Sections 1.20 (General Penalty) and 1.28 (Administrative Citations).
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).
Full Breakdown
050(B), 'Allowed Duration and Required Residency Timeframes,' draws a hard line between hosted and unhosted rentals. Subsection (B)(2) states that when the host is not present, a unit may be used as a short-term rental for no more than 90 days per calendar year, a fixed annual ceiling with no listed exception for accessory buildings or ADUs once the host is off site. 050(B)(1) instead. 050(A): owner-host and tenant-host filings on residency and presence status give enforcement staff a record to check against a host's actual rental calendar.
314 violation rather than as a separate offense, meaning it feeds into the general penalty, administrative citation, and nuisance-abatement track that covers the whole chapter.
Violations & Fines
Section 23.314.060(B)(1) makes any violation of Chapter 23.314, including exceeding the 90-day unhosted cap, punishable under BMC Sections 1.20 (General Penalty) and 1.28 (Administrative Citations); subsection (B)(2) additionally treats the violation as a public nuisance subject to abatement under Sections 1.24, 1.26 and 23.414, with attorneys' fees available to a prevailing party if the City elected up front to seek them.
Frequently Asked Questions
How many nights can I rent my Berkeley property if I'm not staying there?
Does the 90-day cap apply if I'm renting out my ADU while living in the main house?
What happens if a Berkeley host rents more than 90 unhosted days?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California short-term rentals overview
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Night Caps in Nearby Cities
How other cities in Alameda County handle night caps.