Milpitas, CA Short-Term Rentals: Occupancy Limits (2026)

The Milpitas short-term rental ordinance (Zoning Code Section 13, XI-10-13.17) sets a maximum occupancy of two persons per bedroom plus one more person. For example, a two-bedroom unit would be limited to five guests (2 + 2 + 1). The City requires each STR unit to clearly post the maximum number of occupants permitted in the unit so guests are aware of the limit. Rentals are defined as stays of up to 30 consecutive days; the same visitors staying more than 30 consecutive nights fall outside the STR rules (and outside TOT). Because Milpitas requires the host to live in the dwelling unit being rented, and because unhosted rentals are prohibited, a short-term rental is an occupied home shared with or hosted by the resident rather than a stand-alone vacation property. The City also discourages using residential STR space for daytime events or meetings, noting that such activity generally violates Planning Code rules if the space is intended for residential use, which functions as an additional check on assemblies that would exceed the residential occupancy of the home.