Can I Airbnb in San Jose, CA? (2026)
San Jose allows short-term rentals ('incidental transient occupancy') citywide in legal dwellings without an STR-specific permit or registration, but with significant limits: unhosted rentals are capped at 180 days per calendar year, guest counts are capped (up to 3 hosted in a single-family home, 2 hosted in multifamily units, and a bedroom-based formula up to 10 guests unhosted), and STRs are prohibited in accessory dwelling units. Hosts owe the city's 10% Transient Occupancy Tax (Airbnb collects it under a city agreement) and must hold a city Business Tax Certificate; rent-stabilized apartments may only be rented short-term by hosts who occupy the unit at least 60 consecutive days as their primary residence.
What’s required: no dedicated STR permit is required; there is a 180-night annual cap; occupancy taxes apply.
Check a specific address
Rules can vary by zone and parcel. Resolve any California street address to its jurisdiction and see the verified rules that apply.
Related
Verified July 21, 2026. Informational only — not legal, tax, or financial advice. Also check HOA/condo rules and your lease, which can prohibit short-term rentals even where the city allows them.