San Jose, CA Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Note
- 2 guests per bedroom plus 2 additional
- Note
- Absolute maximum of 10 overnight guests
- Note
- Daytime total capped at 20 people
- Requirement
- Occupancy must be posted inside unit
- Note
- Event-size gatherings need Special Events Permit
Summary
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.
Any building or portion thereof, regardless of zoning designation or approved uses of the building, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public shall be deemed and hereby is declared to be a substandard building:
Full Breakdown
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.
Violations & Fines
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.
Frequently Asked Questions
How many people can stay in a 3-bedroom STR?
Can I host a small wedding at my STR?
Sources & Official References
Other rules in San Jose
California rules heatmap·Compare San Jose to another location·View the California short-term rentals overview
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Occupancy Limits in Nearby Cities
How other cities in Santa Clara County handle occupancy limits.