Santa Clara County · checked 2026-09-13
Can you BnB it in San Jose?
RestrictedSan Jose allows short-term rentals as incidental transient occupancy in most homes without a city permit, but a home rented with no host present may be used only 180 days a year and accessory dwelling units may not be used at all. Because there is no permit, the allowance stays with the property when it is sold, and the new owner must register for transient occupancy tax.
The rules, with their sources
Permit or licenseNo permit is required; the code has no short-term rental permit program.L120.80.160 · code text · checked 2026-09-13
Hosted onlyThe code does not limit rentals to hosted stays.L1San Jose Municipal Code Title 20, Chapter 20.80, Part 2.5, Sections 20.80.150 to 20.80.175, and Table 20-165; Ords. 29523, 30480. Transient occupancy tax at Chapters 4.72 and 4.74. · code text · checked 2026-09-13
Primary residenceThe code does not require the rental to be the operator's primary residence.L1San Jose Municipal Code Title 20, Chapter 20.80, Part 2.5, Sections 20.80.150 to 20.80.175, and Table 20-165; Ords. 29523, 30480. Transient occupancy tax at Chapters 4.72 and 4.74. · code text · checked 2026-09-13
Night capUnhosted rentals are capped at 180 nights per year.L1San Jose Municipal Code Title 20, Chapter 20.80, Part 2.5, Sections 20.80.150 to 20.80.175, and Table 20-165; Ords. 29523, 30480. Transient occupancy tax at Chapters 4.72 and 4.74. · code text · checked 2026-09-13
Caps and limitsNo cap on the number of dwellings used for incidental transient occupancy citywide. Per Table 20-165: with a host present, up to 365 days per calendar year; with no host present, 180 days per calendar year. Transient user limits per Table 20-165: one-family dwelling or mobilehome with host present, up to 3 transient users; multi-unit with host present, up to 2 transient users per unit; with no host present, 2 to 10 persons depending on unit size. For dwellings subject to rent control, the host must have occupied the unit at least 60 consecutive days with the intent to establish that dwelling as the host's primary residence.L1Table 20-165 · code text · checked 2026-09-13
Transfer when the home sellsThere is no short-term rental permit or registration to transfer. Incidental transient occupancy is an allowed use of the dwelling itself under Section 20.80.160, so a buyer may operate on the same terms as the seller as long as the criteria in Part 2.5 are met, including the day and occupancy limits in Table 20-165 and the exclusion of accessory dwelling units. Section 20.80.175.F states that nothing in the section shall be deemed to affect the legal status of an accessory dwelling built with a lawfully issued permit if the property is subsequently transferred or sold. A buyer of a rent controlled unit must still satisfy the 60 consecutive day occupancy and primary residence condition in Table 20-165. Separately, the operator must register with the Director of Finance for transient occupancy tax under Section 4.72.070, and that registration is in the operator's name.L120.80.175.F · code text · checked 2026-09-13
Read the code text →
In the city's own words
20.80.160“Incidental Transient Occupancy meeting the criteria of this Part is an allowed use in any One-Family Dwelling, Two-Family Dwelling, Multiple Family Dwelling, Mobilehome, Live/Work Unit, or Guest House. Incidental Transient Occupancy shall not be allowed in an Accessory Dwelling Unit.” source
20.80.150“a person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full calendar days.” source
Table 20-165“180 days per calendar year, no host present.” source
20.80.175.F“Nothing in this Section shall be deemed to affect the legal status of an Accessory Dwelling built with a lawfully issued permit if the property is subsequently transferred or sold.” source
Citation: San Jose Municipal Code Title 20, Chapter 20.80, Part 2.5, Sections 20.80.150 to 20.80.175, and Table 20-165; Ords. 29523, 30480. Transient occupancy tax at Chapters 4.72 and 4.74.
Check a specific address
The checker resolves any California address to its jurisdiction and returns these rules with their verification level. Where a county or city publishes a licensed-rental registry or parcel map (Riverside County, San Diego, Palm Springs, and a growing list), it also runs parcel spacing, permit cap, and registry checks.
How this page was verified
Verified from the municipal code (level 1), checked on 2026-09-13 by the CanIBnB research desk. Research is AI assisted and human reviewed; the method, the level system, and the re-check schedule are on the How we verify page. If anything here is wrong, report it and it goes in the public corrections log.