San Jose caps short-term rental occupancy at 2 persons per bedroom plus 2 additional, with an absolute ceiling of 10 guests regardless of bedroom count. The limit appears on the Business Tax Certificate and must be posted inside the unit. Daytime gathering limits further restrict guest counts during events.
Under Municipal Code Chapter 20.80, overnight occupancy at a San Jose STR is limited to 2 persons per bedroom plus 2 additional occupants, not to exceed 10 total persons per property. A two-bedroom listing therefore caps at 6 overnight guests; a four-bedroom home caps at 10. These limits include children and infants. Daytime visitors (non-overnight) are separately restricted, with total occupancy including visitors capped at double the overnight allowance, never exceeding 20 persons. Any gathering exceeding these thresholds constitutes an event and may require a separate Special Events Permit. The occupancy limit must be printed on every platform listing, posted on the Business Tax Certificate, and displayed inside the unit near the front entrance alongside the 24/7 local contact number. Violations are reported through 311 and investigated by Code Enforcement. Party houses and unpermitted event rentals are an active enforcement priority in San Jose, with documented gatherings of 20+ people triggering immediate citation, potential suspension of the STR registration, and referral to SJPD for nuisance abatement. Repeated over-occupancy is grounds for permanent STR ban at the address.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact San Jose code enforcement directly for current fines, enforcement procedures, and hearing options.
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