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

Milpitas's short-term rental ordinance (Zoning Code Section 13, XI-10-13.17) does not advertise a single fixed 'maximum nights per year' cap of the kind some cities use (for example, a 90-night annual limit). Instead, the City controls rental frequency through two structural limits. First, an individual stay is limited to up to 30 consecutive days; the same visitors renting for more than 30 consecutive nights fall outside the STR program (and outside the Transient Occupancy Tax). Second, and more significantly, the host must live in the dwelling at least 275 nights per year. Because the host must reside in the home for the great majority of the year and unhosted rentals are prohibited, the home cannot be turned over to outside guests as an empty whole-home rental for unlimited nights. The 275-night residency requirement therefore acts as the practical ceiling on short-term rental activity: the home remains the host's occupied primary residence, with short-term guests hosted alongside or by the resident rather than displacing the resident year-round. Hosts seeking a precise annual-night calculation for their specific situation should confirm details with the Planning Department, since the controlling limits are the per-stay 30-day cap and the 275-night residency floor rather than a published annual rental-night cap.