Cupertino, CA Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Eligible dwellings
- Host's primary residence only
- Excluded units
- Accessory Dwelling Units
- Proof required
- Documentation of primary residence
- Non-owner hosts
- Need owner approval letter
- Registration transfer
- Not transferable on sale
Summary
Cupertino only allows short-term rental activity as a home occupation inside a host's primary residence. Municipal Code § 5.08.030 states short-term rental activity is not permitted if the dwelling unit is not used as a primary residence, and registration requires documented proof of that status, closing off second homes, investment rentals and most Accessory Dwelling Units.
Short-term rental activity is allowed to be conducted as a home occupation within a primary residence subject to further restrictions in this Chapter. Short-term rental activity is not permitted if the dwelling unit is not used as a primary residence. ... ... 1. Type of Unit Short-term rentals are allowed within any legally permitted dwelling unit or portion thereof, except for any Accessory Dwelling Unit.
Full Breakdown
040 requires the registrant to submit documentation that the property where the short-term rental activity is to be conducted is the host's primary residence before the City will issue a registration number. If the property is rented to a long-term tenant or owned by someone other than the applicant, the registrant must also produce a letter of approval from the owner. 030, item 1, which allows short-term rentals within any legally permitted dwelling unit except an Accessory Dwelling Unit, and its location limit restricting activity to legally-permitted habitable space.
Registration is non-transferable and automatically expires if the property is sold, re-leased, or transferred, so a new resident cannot inherit a predecessor's registration; the primary-residence documentation must be refiled for the new owner or tenant. Together these provisions mean investment properties, vacation homes not occupied by their owner, and detached ADUs cannot legally host short-term rentals in Cupertino regardless of zoning district.
Violations & Fines
Operating a short-term rental out of a property that is not the host's primary residence violates § 5.08.030 and is grounds for the City to deny or revoke the registration under § 5.08.050, in addition to the misdemeanor and administrative fine exposure under § 5.08.070 that applies to any Chapter 5.08 violation.
Frequently Asked Questions
Can I rent out a second home in Cupertino as a short-term rental?
Can I short-term rent an ADU on my property?
What proof of primary residence does Cupertino require?
Sources & Official References
Other rules in Cupertino
California rules heatmap·Compare Cupertino to another location·View the California short-term rentals overview
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Primary-Residence-Only Rule in Nearby Cities
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