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

San Jose's Incidental Transient Occupancy ordinance draws a clear distinction between hosted and unhosted STRs. Hosted rentals, defined as stays where the operator is present overnight on the property, face no annual night cap. Unhosted rentals, where the entire dwelling is rented without an operator on-site, are limited to 180 nights per calendar year. This structure encourages owner-occupied hosting while discouraging full-time conversion of housing stock to STR use. The 180-night count resets every January 1st and aggregates nights across all platforms. Operators must maintain records showing occupancy type and nights rented for at least three years, available for city audit. Airbnb and Vrbo share listing and booking data under voluntary compliance agreements, allowing Code Enforcement to cross-check declared nights against platform-reported activity. Exceeding the 180-night cap results in administrative citation and potential suspension of the Business Tax Certificate. Repeated cap violations can trigger a multi-year ban from STR operation at the same address. Homes in Rose Garden, Willow Glen, and near Santana Row receive the most compliance scrutiny due to high listing density.