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Cupertino, CA Short-Term Rentals: Night Caps (2026)

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

Key Facts

Un-hosted stay cap
60 nights per calendar year
Hosted stay cap
None, year-round
Bookings per parcel
One per night, max
Records retention
3 years of stay records
Reset period
Calendar year (Jan 1)

Summary

Cupertino caps un-hosted short-term rental stays, where the host is not present, at sixty nights per calendar year under Municipal Code § 5.08.030. Hosted stays, where the host remains on-site for the entire rental, carry no annual limit and may occur throughout the year, giving on-site hosts far more flexibility than absentee ones.

4. Duration Hosted stays may occur throughout the calendar year without a limitation on the cumulative number of short-term rentals. Un-hosted stays shall be limited to sixty nights per calendar year.

Full Breakdown

020. A 'hosted stay' occurs while the host is occupying the primary residence for the entire rental term; those can occur throughout the calendar year without any cap on the cumulative number of nights rented. An 'un-hosted stay,' where the host is away from the residence during the rental, is capped at sixty nights in a calendar year. 030, item 12, which obligates the host to retain, for three years, records of every reservation, whether each stay was hosted or unhosted, the length of stay, and the number of guests, and to produce those records to the City on request.

060. 030, item 3, a host cannot get around the sixty-night un-hosted cap by running simultaneous listings on the same property. The cap applies per calendar year, not per rolling twelve months, so it resets on January 1.

Violations & Fines

Exceeding the sixty-night un-hosted cap, or misreporting hosted versus un-hosted stays in the required compliance records, is a Municipal Code violation under Chapter 5.08 that exposes the host to misdemeanor charges and administrative fines under § 5.08.070, and counts toward the two-violation threshold in § 5.08.050 that can trigger registration denial or revocation.

Frequently Asked Questions

How many nights a year can I rent my Cupertino home if I'm not there?
Un-hosted stays, where you are away from the primary residence, are capped at sixty nights per calendar year under § 5.08.030. If you stay on-site during the rental it counts as a hosted stay, which has no annual night limit.
Does the sixty-night cap reset every twelve months from when I started renting?
No, it runs on the calendar year, not a rolling period. The cap resets January 1 regardless of when during the prior year you began un-hosted rentals.
How does the City check compliance with the night cap?
Hosts must keep three years of records showing whether each stay was hosted or unhosted, the length of each stay, and guest counts, and must produce them to the City on request under § 5.08.030, item 12.

Sources & Official References

Other rules in Cupertino

All Cupertino rules

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