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Santa Monica Night Caps Rules (2026): What You Need to Know

Heavy Restrictions
Last verified: January 10, 2025Source: SMMC Chapter 6.20 - Home-Sharing

The Short Version

Santa Monica does not impose a traditional annual night cap on home-sharing rentals, but the requirement that the host be physically present during every guest stay functions as an effective operational limit. Because the host must be present, the practical number of rentable nights is constrained by the host's own occupancy of the unit. Entire-unit vacation rentals with no stay limit are banned outright; only hosted stays are legal.

Full Breakdown

Under SMMC Chapter 6.20, Santa Monica's home-sharing framework operates on a fundamentally different model than cities that regulate STRs through annual night caps. Rather than capping the total number of nights per year that a unit may be rented, Santa Monica requires that the host be a permanent resident who is physically present on the premises during the entirety of each guest stay. This presence requirement effectively functions as a natural cap: a host who travels or is otherwise absent cannot legally rent their unit at all during that time.

The ordinance requires that the host's property be their primary residence, defined as the dwelling where they personally reside for at least 275 days per calendar year. This 275-day threshold leaves only 90 days per year during which the host could potentially be away — and during those days, no renting is permitted. Additionally, home-sharing permits specify maximum guest counts based on bedroom count and overall unit size. The city's enforcement team actively monitors online platforms and can cross-reference listing calendars with permit records. Any rental activity during periods when the host is documented as absent constitutes a violation, even if the host claims they were present. The combined effect of the presence mandate, the 275-day primary residency requirement, and guest count limits creates a comprehensive cap structure without a single stated nightly number.

What Happens If You Violate This?

Renting without host presence: $500 per day fine. Exceeding guest limits: $500 per day. Operating without a home-sharing permit: $500 per day. Criminal misdemeanor charges possible for egregious or repeat violations. The city may also recover unpaid Transient Occupancy Taxes with penalties.

Frequently Asked Questions

Is there an annual night limit for home-sharing in Santa Monica?
There is no standalone night cap number. However, the host must be physically present during every stay and must live in the unit at least 275 days per year as their primary residence. These requirements effectively limit rental nights more strictly than a simple annual cap.
Can I rent my unit while I am on vacation?
No. You must be physically present in the unit during every guest stay. Renting while you are away — even briefly — is a violation subject to fines of $500 per day.
How does Santa Monica compare to other LA County cities on STR limits?
Santa Monica is the most restrictive in LA County. Many neighboring cities allow unhosted vacation rentals with annual night caps (typically 90–180 nights). Santa Monica bans unhosted rentals entirely, with no cap-based exception.

Sources & Official References

Related Ordinances in Santa Monica

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