San Leandro, CA Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Hosted only
- Yes: host must be present
- Primary residence required
- Yes
- ADUs allowed as STRs
- No
- Max occupancy
- Set by host and posted in Good Neighbor Policy
- Code
- SLMC §4-40-130; Ch. 4-41
Summary
Every hosted STR must have a posted maximum occupancy as part of the Good Neighbor Policy. The host's primary residence must be occupied by the host during the entire rental period: non-hosted rentals are banned outright.
17920.3. 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: (a) Inadequate sanitation shall include, but not be limited to, the following: (1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit. (2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.
Full Breakdown
Under SLMC §4-40-130 (Standards), hosts must post or provide a Good Neighbor Policy inside the unit that identifies the maximum occupancy, smoking regulations, noise instructions, parking restrictions, and emergency procedures. The dwelling must be the host's primary, permanent residence, and the host must occupy the dwelling for the entire rental period (the definition of 'hosted' under Chapter 4-40). Accessory dwelling units (in-law or secondary units) cannot be used as hosted STRs. Non-hosted STRs, where the primary occupant is absent for any portion of the rental, are prohibited under SLMC Chapter 4-41. The Code does not set a citywide hard number for guests; instead, occupancy must comply with California Building Code egress and sleeping-area minimums and what the host posts in the Good Neighbor Policy.
Violations & Fines
Operating a non-hosted STR is subject to fines of $1,000 per violation and potential criminal prosecution under Chapter 4-41. Exceeding posted occupancy that causes a nuisance can result in permit revocation under §4-40-130 (the STR 'shall not result in a nuisance').
Frequently Asked Questions
Can I rent out my whole house when I'm away?
Can I list my ADU on Airbnb?
Sources & Official References
Other rules in San Leandro
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Occupancy Limits in Nearby Cities
How other cities in Alameda County handle occupancy limits.