January 2026
DISCLAIMER. This page is only designed to give you some help in understanding the regulations you should comply with. We do not pretend the information provided here is to be exhaustive nor current. It is your duty to know and abide by the law. For more information, please contact your local tax authorities or a local legal / tax expert.
The City of Berkeley adopted Berkeley Municipal Code in Chapter 23.314 “Short-Term Rentals” which brings regulation and requirements on the STR industry.
Applicable taxes
Please note misterb&b registered with the City of Berkeley to collect the Transient Occupancy Tax (TOT) on your behalf, for stays not exceeding 30 consecutive days. For more information, check our FAQ about US sales/occupancy tax collection by misterb&b.
You remain responsible for registering for, collecting and/or remitting any other taxes applicable to your hosting activity. For more information, you can visit this official page about TOT in Berkeley.
STR Conditions
Primary residence. You can only use a unit as an STR if it is your primary residence.
Rental limitation. In your presence on-site, the unit you use as an STR can be rented for an unlimited number of days during the calendar year. In your absence, the unit you use as an STR for no more than 90 days per calendar year.
Number of occupants. The maximum number of short-term rental transients allowed for a short-term rental unit is as provided in Municipal Code Chapter 19.40.
Zoning requirements. STR operations are only allowed in one of the following city zones: R-1, R-1A, R-2, R-2A, R-3, R-4, R-5, R-S, R-SMU, C-C, C-U, C-NS, C-SA, C-T, C-DMU, C-W, MUR - Including any of these zones within the Hillside (H) overlay (use the parcel information lookup tool to learn what zone you are in).
Zoning Certificate
It is mandatory to obtain a Zoning Certificate before operating a unit as an STR.
- Application process. The application can be completed online. Please note supporting documentation may be required.
You must add your Zoning Certificate number to your misterb&b listing ( on the “Legal requirements and taxes” page from “Manage my listing”). misterb&b is not allowed to let you operate an STR without a valid Zoning Certificate number. In absence of such numbers, affected listings may be deactivated.
Maintaining compliance
You must ensure that your STR operations comply with all applicable Federal, State and local laws, rules and regulations regarding fire, building and safety, health and safety, and all other relevant laws.
Insurance. You are required to maintain a liability insurance (covering your STR operations) in the amount of at least $1 million.
Neighborhood notification. You must notify residents of all adjacent properties that you are leasing your home as a short-term rental.
- Guest information. You must provide all your Guests with a copy of the Short-Term Rental Guest Requirements letter on both booking and arrival.
Third-party rules
Community rules. You must abide by other contracts or rules binding them, such as co-op rules, CC&Rs, HOA rules, or other rules established by tenant organizations.
Lease contract. If you are a renter, you must get the written permission from your landlord to use the property as a STR.
by Sandra B. and Cédric D.