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

Chapter 5.96 of the Oakland Municipal Code establishes overnight occupancy caps for permitted short-term rentals. The standard formula is two adults per legal bedroom plus two additional guests, with an absolute ceiling of 10 overnight occupants regardless of how many bedrooms the unit has. Children under a designated age (typically 2 or 3) generally do not count toward the cap. A bedroom for STR purposes must meet the California Residential Code definition: minimum 70 square feet, at least one egress window, a closet, and a door. Lofts, garages, sheds, and converted unpermitted spaces cannot be advertised as bedrooms. Oakland additionally limits daytime guests to roughly 1.5 times the overnight cap and prohibits using the STR to host parties, weddings, photo shoots, or commercial events. Hosted STRs (where the permanent resident remains on-site) are limited to renting up to 2 bedrooms; unhosted whole-home STRs are subject to a 90-night-per-year cap unless the host qualifies for a primary-residence exception. Hosts must post the maximum occupancy inside the unit and on each platform listing. Exceeding the cap is grounds for a citation and counts toward the three-strike permit revocation rule.