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Cupertino, CA Short-Term Rentals: Primary-Residence-Only Rule (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
No. Section 5.08.030 permits short-term rental activity only within a host's primary residence and states the activity is not permitted if the dwelling is not the primary residence, so vacation homes and investment properties do not qualify.
Can I short-term rent an ADU on my property?
No. Section 5.08.030, item 1 allows short-term rentals within any legally permitted dwelling unit except an Accessory Dwelling Unit, so a Cupertino ADU cannot be registered for short-term rental use even if the main house is the owner's primary residence.
What proof of primary residence does Cupertino require?
Section 5.08.040 requires the registrant to submit documentation showing the property is the host's primary residence, and if someone other than the owner is renting it out, a letter of owner approval as well.

Sources & Official References

Other rules in Cupertino

All Cupertino rules

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