Oakland Night Caps Rules (2026): What You Need to Know
Some RestrictionsKey Facts
- Hosted Rentals
- No annual night limit — operator must be present during the guest's stay
- Unhosted Rentals
- Capped at 90 nights per calendar year
- Calendar Year
- Night count resets January 1 each year; unused nights do not carry over
- Tracking
- Operators must self-report rental nights; city may audit through platform data
- Comparison
- Oakland's 90-night unhosted cap matches San Francisco; Los Angeles allows 120 nights
- Primary Residence
- Both hosted and unhosted rentals require the property to be the operator's primary residence (275+ days/year)
The Short Version
Oakland's short-term rental ordinance distinguishes between hosted and unhosted rentals for night-cap purposes. Hosted rentals — where the operator is physically present in the unit during the guest's stay — have no annual night limit. Unhosted whole-unit rentals, where the operator is absent during the guest's stay, are capped at 90 nights per calendar year. This two-tier system encourages home-sharing while limiting the conversion of housing stock into de facto hotel operations.
Full Breakdown
Oakland Municipal Code Chapter 5.25 establishes a two-tier night-cap system for short-term rentals. Hosted rentals, in which the permit holder is physically present in the dwelling during the guest's entire stay, are not subject to any annual night limitation. This means a primary resident who rents a spare bedroom while remaining in the home may do so throughout the year without a night cap, provided they maintain valid permit status and comply with all other conditions.
Unhosted rentals, in which the operator leaves the dwelling entirely and the guest has sole occupancy, are capped at 90 nights per calendar year. The 90-night annual limit runs from January 1 through December 31 and does not carry over between years. Operators must track and report their unhosted rental nights to the City Administrator's Office. Exceeding the 90-night cap constitutes a permit violation and may result in permit revocation.
This framework positions Oakland between cities that ban short-term rentals outright and those with more permissive night caps. San Francisco, for comparison, caps unhosted stays at 90 nights per year under a similar structure. Los Angeles permits 120 nights per year for its home-sharing program. Oakland's 90-night unhosted cap was specifically designed to balance homeowner income opportunities with concerns about housing stock depletion in a market already experiencing significant affordability pressures.
Operators listing on platforms like Airbnb and VRBO are responsible for tracking their own night counts. The city may audit rental activity through platform data-sharing agreements and TOT remittance records. Contact the City Administrator's STR program at (510) 238-3466 for questions about night-cap compliance.
What Happens If You Violate This?
Exceeding the 90-night annual cap for unhosted rentals is a permit violation under OMC Chapter 5.25. The city may suspend or revoke the operator's Short-Term Rental Permit. Administrative fines of $500 to $2,500 per violation may be assessed. The operator may also be required to pay back TOT on any unreported nights. Repeated or willful overages may result in a permanent bar from the STR permit program.
Frequently Asked Questions
How many nights can I rent my Oakland home on Airbnb when I'm away?
Do hosted and unhosted nights count toward the same cap in Oakland?
What happens if I exceed 90 unhosted nights in Oakland?
Sources & Official References
How does Oakland compare?
See how Oakland's night caps rules stack up against other locations.