October 2024
Disclaimer. This page is intended solely to assist you in understanding the regulations you may need to comply with. The information provided here is not exhaustive and may not reflect the most current legal standards. It is your responsibility to ensure compliance with applicable laws. For further guidance, please contact your local tax authorities or consult with a qualified legal or tax professional.
In October 2017, Ordinance 17-04 added Section 17.3.12 to the Orinda Municipal Code (OMC). It introduced regulation of the short-term rental industry. Please also consult the Orinda Municipal Code (SDMC) as other provisions may apply to your hosting activity. Please check the Short-Term Rentals on the City of Orinda’s website.
Transient Occupancy Tax (TOT)
Guests staying in short-term rentals (rentals of less than 30 days) must pay a transient occupancy tax (TOT). You, as a Host, must collect TOT from your Guests. Then, you must report and remit it to the City on a quarterly basis. A TOT registration certificate is issued by the Orinda’s Finance Department upon registration of your STR. More information about TOT on this official page and this official FAQ.
You remain responsible for registering for, collecting and/or remitting any other taxes applicable to their hosting activity.
STR conditions
Short-term rentals are rentals by transient Guests for less than 30 days.
- Hosted stay. You must be living in the property you use as an STR, and must be present during your Guests stay (in the meaning of spending the night at the property). You are required by law to indicate in your misterb&b listing that you will be present.
- Owned primary residence. You can only operate STR in a property that you own and which is your primary residence.
- One rental at the time. You can limited by law to host one rental at the time.
- Occupancy limit. You are not allowed to host more than 2 people per bedroom plus 3 people.
- Nights minimum. You are not allowed to host Guests for less than 2 nights.
STR Registration
The local law requires that you register your STR. For more information about the registration process (including pre-requisite steps and required documentation), check this official FAQ.
- Registration process. The STR Registration form can be completed online here.
- Renewal. Registration expires every 12 months. The renewal is made by paying the renewal fee to the Planning Department. There is no renewal form.
You must add the registration number to your misterb&b listing(s) (go to the “Local Requirements and Taxes” page, via “Edit my listing”). In the absence of a valid registration number, misterb&b may delete your listing.
Maintaining compliance
You are responsible for ensuring the short-term rental complies with all local, state, and federal health and safety requirements.
- Municipal regulations. You are responsible for compliance with all City regulations including those regarding noise, parking, and occupancy. Compliance with those requirements shall be included in any written agreement used for the short-term rental.
- Fire and safety. You must ensure that the STR complies with all regulations about smoke detectors, fire alarms, and fire extinguishers.
Third-party rules
- Community rules. You must abide by other contracts or rules binding you, such as co-op rules, CC&Rs, HOA rules, or other rules established by tenant organizations.