San Jose allows short-term rentals (STRs) across a wide range of property types but only under specific guidelines enforced by the San Jose Municipal Code. Whether you’re listing your home on Airbnb, VRBO, or another platform, this updated 2025 guide outlines everything you need to know to remain compliant, responsible, and successful as a short-term rental host in San Jose.
Where Are STRs Allowed in San Jose?
Short-term rentals are permitted in the following:
- Single-family dwellings
- Two-family and multi-family homes
- Mobile homes
- Guest houses
- Live/work units
However, Accessory Dwelling Units (ADUs) are not eligible for short-term rental use under current regulations.
Key Eligibility Requirements
To operate a legal STR in San Jose, you must follow the city’s outlined restrictions:
Hosted vs. Unhosted Stay Limits:
- With host present: Up to 365 nights per year
- Without host present: Limited to 180 nights per year
Parking Requirements:
- Your unit must meet the city’s required parking standards based on your dwelling type.
Local Contact Notice (Unhosted Only):
- If you’re not on-site during a guest’s stay, you must notify neighbors in writing.
- Include your local contact person’s name and phone number for emergency support.
Housing Code Compliance:
- Your property must comply with all building and housing safety codes.
Business License & Tax Obligations
To legally operate, every STR host in San Jose must:
-
Obtain a Business License.
- This includes payment of the San Jose Business Tax.
-
Pay Transient Occupancy Tax (TOT).
- Hosts are responsible for remitting the total tax obligation (TOT) directly to the City unless they are using a platform like Airbnb that has a collection agreement in place.
Occupancy Limits
Occupancy regulations vary depending on your property type and whether you’re present during the stay:
Hosted Rentals (Host On-Site):
- Single-family or mobile home: Max 3 guests
- Multi-family unit or duplex: Max 2 guests per unit
Unhosted Rentals (Host Not On-Site):
- Studio: Max 2 guests
- 1-bedroom unit: Max 3 guests
- For 2+ bedrooms: Max 2 guests per bedroom
- Absolute maximum: 10 guests
These limits help prevent over-occupancy and minimize community disruption.
Recordkeeping & Compliance
San Jose requires hosts to maintain all STR-related documentation for 3 years:
- Booking history
- Transient Occupancy Tax (TOT) records
- Proof of tax payments by platform (if applicable)
- Written neighbor notifications for unhosted stays
These records must be provided upon request from the City Manager or authorized personnel.
Transient Occupancy Tax (TOT)
The TOT rate must be paid on all guest stays of less than 30 days:
- If you use Airbnb or VRBO, these platforms may collect and remit the Transient Occupancy Tax (TOT) on your behalf, depending on their agreement with the City.
- If no such agreement exists, the host is fully responsible for filing and paying the TOT.
Final Considerations for San Jose STR Hosts
As a responsible short-term rental operator, you’re also expected to:
- Respect lease agreements, HOA bylaws, and community rules.
- Confirm STR permissions with your landlord or housing authority if applicable.
- Avoid any listing or hosting activity that violates San Jose’s building or zoning codes.
For more detailed steps on permits, taxes, or compliance, visit San Jose’s official short-term rental portal. If you’re looking to simplify hosting while staying 100% compliant, explore our Airbnb Management San Jose service for expert support. To get more information about other regulations, you can also visit San Jose’s official website or contact us.