San Jose, CA

This page is only designed to give you an overview of the local requirements, but it is your duty to know and comply with the local laws. misterb&b is not a legal adviser : you should read carefully the relevant laws and contact a local adviser or the local authorities for further understanding.


Incidental transient use

The City of San Jose has amended its Zoning Ordinance (Title 20 of the San Jose Municipal Code) in order to authorize “incidental transient occupancy” in primary residential unit.

Section 20.80.170 of the Ordinance sets some criteria for the incidental transient occupancy to be considered legal : it must not exceed 180 days by calendar year in the absence of the Host, a maximum number of Guests by units must be respected, if the Host is not present during the rental he/she must provide the Guests with contact information, etc.

It is also required to keep tracks of compliance with the criteria of Section 20.80.170 for 3 years after each incidental transient occupancy.


Business Tax Certificate

All persons or companies conducting business in San José must register their business and pay the business tax (to get help for the different starting-procedures, visit this page).

After doing so, a business certificate will be issued : it should be displayed in the rental unit. For more information, visit this page on the official website of the City of San Jose.


Transient Occupancy Tax

The City of San Jose levies Transient Occupancy Tax for every rental of 30 consecutive days or less. It must be collected by the Hosts from the Guests and remitted to the City (Chapters 4.72 and 4.74 of the San José Municipal Code). Visit this page to find out about registration process.