Santa Clara County has no countywide primary-residence rule for short-term rentals. San Jose, Mountain View, and Palo Alto require hosts to use the property as their primary home, while Saratoga and Los Gatos restrict STRs more broadly through zoning.
Unincorporated Santa Clara County imposes no primary-residence requirement on short-term rentals; SCC zoning treats vacation rentals like other transient lodging where allowed. Within incorporated cities the picture varies. San Jose Municipal Code §20.80.700 requires hosts to occupy the dwelling as their primary residence at least 60 days annually for unhosted rentals; Mountain View's STR rules under Ord. 16.40 mirror this with a 270-night non-primary cap. Palo Alto restricts STRs to primary residences with a 90-night unhosted cap. Saratoga and Los Gatos largely prohibit STRs in residential zones. Hosts must verify city rules, register with the county Tax Collector for transient occupancy tax, and post a permit number on listings.
Operating a non-primary STR where prohibited can result in fines of $1,000 to $2,500 per night under city ordinances, platform delisting, transient occupancy tax recovery, and revocation of any city permit.
Santa Clara County, CA
Santa Clara County does not impose a uniform host-presence rule on short-term rentals. Some unincorporated zoning districts limit STRs to hosted home-share a...
Santa Clara County, CA
Santa Clara County cities cap non-hosted STRs: San Jose at 180 days per year, Palo Alto at 90 nights. Hosted rentals where the owner is present are typically...
Santa Clara County, CA
Short-term rentals in unincorporated Santa Clara County require TOT registration with the County Department of Tax and Collections. No separate STR permit sy...
See how Santa Clara County's primary-residence-only rule rules stack up against other locations.
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