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

San Jose Municipal Code § 20.80.170 sets the operative rule: incidental transient occupancy, a host renting rooms in a one-family, two-family, multi-family dwelling, mobilehome or live/work unit while still living there, is capped at 180 days per calendar year when the host is not present overnight (10 p.m. to 6 a.m.), and 365 days a year when the host is present. The cap sits inside Table 20-165's broader performance criteria, alongside occupancy limits, parking requirements, local-contact notice duties, and transient occupancy tax obligations under Chapters 4.72 and 4.74. Accessory dwelling units are excluded from this permitted use entirely.