When deciding whether to become an Airbnb host, it's important for you to understand the laws in your city. As a platform and marketplace we do not provide legal advice, but we want to provide some useful links that may help you better understand laws and regulations in San Jose. This list is not exhaustive, but it should give you a good start in understanding your local laws. If you have questions, contact the Department of Planning, Building, and Code Enforcement or other city agencies directly, or consult a local lawyer or tax professional.
- Municipal Code. The San Jose Municipal Code regulates uses in San Jose neighborhoods. Hosting is permitted in all legal homes and apartments with some restrictions as listed in Section 20.80, Part 2.5. These restrictions include the number of guests you can host at one time, designating a local contact person to respond to complaints when you are out of town, keeping records, and a 180-day limit on renting out your home when you are not present, among others. San Jose currently does not require hosts to obtain a special permit or provide information for a public registry. Please note you should also consult Title 20 of the Municipal Code to see if your listing implicates any other zoning requirements or use definitions.
- Business Registration and Tax. San Jose requires all people operating businesses to pay a tax before it will issue a business license. More information is available here.
- Transient Occupancy Tax. San Jose assesses transient occupancy taxes on hotels, motels, and other short-term rentals. hotels, motels, and short-term rentals of thirty days or less. Airbnb collects and remits transient occupancy taxes in San Jose; more information about that process is available here.
- Other Rules. It's also important to understand and abide by other contracts or rules that bind you, such as leases, condo board or co-op rules, HOA rules, or rules established by tenant organizations. Please read your lease agreement and check with your landlord if applicable.
We're committed to working with local officials to help them understand how Airbnb benefits our community. Where needed, we will continue to advocate for changes that will allow regular people to rent out their own homes.
Last updated: July 17, 2015