How to get a short-term rental permit in San Jose, CA (2026)
San Jose does not currently require a dedicated short-term rental permit, but tax registration and other rules may still apply. Here's what to confirm before you list.
Permit at a glance
| Permit required | No |
|---|---|
| Renewal | — |
Step by step
- 1
Confirm your property is eligible
Confirm the property's zoning allows short-term rentals. STRs are regulated as 'Transient Occupancy as an Incidental Use to a Residence' (SJMC Ch. 20.80 Part 2.5). They are an allowed use in any one-family dwelling, two-family dwelling, multiple family dwelling, mobilehome, live/work unit, or guest house citywide, provided the use is clearly incidental to occupancy of the dwelling as a residence; there are no STR-specific overlay districts. STRs are expressly prohibited in accessory dwelling units (ADUs). Residential zoning districts permit the use via SJMC 20.30.110.B, with parallel provisions in commercial (20.40.115), main-street (20.60.030.C), downtown (20.70.130), and planned development (20.75.230) districts. In apartments subject to the Apartment Rent Ordinance (Ch. 17.23 Parts 1-6), only a host who occupies the unit at least 60 consecutive days with intent to make it their primary residence may offer STR.
- 2
Register for occupancy taxes
Register to collect and remit the applicable lodging/occupancy taxes for San Jose. Some are collected automatically by the booking platform and some you may need to remit yourself.
STR rules change without warning.
Get an email the moment San Jose changes its short-term rental rules — plus renewal reminders before your permit expires.
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Verified July 21, 2026. Informational only — not legal, tax, or financial advice. Permit requirements and fees change; confirm current requirements with San Jose before applying.