Unhosted short-term rentals in San Jose are permitted only at the host's primary residence under SJMC Section 20.80.140, defined as the dwelling the host occupies for at least sixty consecutive days or 185 days a year and uses on tax filings.
SJMC Section 20.80.140 requires that any short-term rental of a unit while the host is offsite occur only at the host's primary residence. Acceptable proof of primary residence includes California driver's license, voter registration, motor-vehicle registration, federal and state tax returns, and utility bills tied to the address. A host may register only one primary residence at a time. Investment properties, second homes, and most apartment units that fall under the Apartment Rent Ordinance (Title 17.23) are excluded from unhosted home-share. Hosted rentals at non-primary properties are also constrained by zoning and occupancy provisions. The Department of Planning audits registrations.
Listing a non-primary unit for unhosted stays, submitting false residency documents, or operating multiple primary-residence registrations triggers citation, registration revocation, daily civil penalties, and possible disqualification from re-registering.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
San Jose, CA
San Jose distinguishes hosted short-term rentals (host onsite during stay) from unhosted rentals (host away) under SJMC Section 20.80.140, allowing hosted st...
San Jose, CA
San Jose caps unhosted short-term rentals at 180 nights per calendar year under Municipal Code Chapter 20.80. Hosted rentals, where the operator remains on-s...
San Jose, CA
San Jose regulates STRs under SJMC §20.80 Part 2.5. Hosts must obtain a business tax certificate. Owner-occupied rentals have unlimited days; non-owner-occup...
See how San Jose's primary-residence-only rule rules stack up against other locations.
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