San Francisco has clearly defined short-term rental laws, with some of the most comprehensive requirements in the Bay Area. City rules can affect everything from whether you’re eligible to host at all to how you market the unit, track stays, and stay in good standing once you’re registered.
Nearby cities like San Jose and Santa Clara also regulate short-term rentals, but their requirements don’t match San Francisco’s. This makes it especially important to start with the rules that apply where your property is located.
Key Takeaways
- Primary residence rules vary significantly. San Francisco requires 275 nights of occupancy, San Jose just requires it to be your primary residence, and Santa Clara doesn’t have any rules stipulating primary residence.
- All three cities have caps on the number of unhosted stays in a year: San Francisco limits stays to 90 days, San Jose allows 180 days, and Santa Clara maxes stays at 90 days.
- Licensing is mandatory for landlords. Each city requires business licenses, with San Francisco adding registration, insurance, and quarterly reporting.
San Francisco Short-Term Rental Laws
San Francisco allows short-term rentals only in a primary residence. That means you must live in the property for at least 275 nights per year, whether you’re the owner or a tenant. The amount of time you can rent out your short-term rental depends on the type of stay:
- Hosted stays: No annual cap.
- Unhosted stays: Capped at 90 nights per year.
Zoning and property restrictions
All short-term rentals must be located in an allowable zoning district and in a building that is approved for residential use.
License and registration requirements
San Francisco treats short-term rental hosting as a business, so you’ll need a Business Registration Certificate (often tied to a Business Account Number/BAN) from the Treasurer & Tax Collector’s Office, which you generally renew annually.
Then you have to register with the Office of Short Term Rentals. Short-term rental certificates are typically renewed every two years. To register, submit these documents:
- Business Registration Certificate
- Proof of property-liability insurance (minimum $500,000)
- Proof of residency
Before you can apply, you must have lived in the property for at least 60 consecutive days.
Other requirements
When you list or advertise a short-term rental in San Francisco, you must include your registration/certificate number on every listing; if your application is still pending, use the city-issued unique record number until it’s approved. If you offer both hosted and unhosted stays, you have to create separate listings that clearly identify which type of stay each listing is, even if they refer to the same unit.
Operational requirements and compliance rules
Once you’re registered, you must report all short-term rental stays to the city every quarter (every three months), and you’re responsible for keeping the unit compliant with all applicable San Francisco codes, including building, housing, planning, and any other relevant requirements.
San Jose Short-Term Rental Laws
San Jose allows short-term rentals as long as the use complies with the San Jose Municipal Code (including Section 20.80, Part 2.5). To qualify, the property must be (or intended to become) your primary residence, and you must live in it for at least 60 consecutive days.
Hosted vs. unhosted stay limits:
- Hosted: Unlimited
- Unhosted: 180 days per year
Zoning and property restrictions
Most residential properties are eligible for short-term rental use.
License and registration requirements
San Jose does not require a short-term “rental license,” but landlords must have a business license.
Other requirements
For unhosted stays, you must provide renters with the local contact information of someone who is available 24/7 and can respond within 60 minutes. Occupancy limits depend on whether the stay is hosted or unhosted:
| Hosted Stay | Unhosted Stay |
|---|---|
|
|
Operational requirements and compliance rules
The host must keep records of compliance for three years after each renter. This includes keeping documents that prove adherence to city requirements, like payment records of transient occupancy taxes. The rental must meet all housing codes and requirements.
Santa Clara Short-Term Rental Laws
Santa Clara’s laws state that stays of 30 days or less are considered short-term rentals. Similarly to San Francisco, short-term rentals are limited depending on host presence:
- Hosted: Unlimited
- Unhosted: 90 days a year
Zoning and property restrictions
Short-term rentals are allowed in any residential dwelling unit, including accessory dwelling units. Accessory dwelling units are considered hosted if the primary residence is owner-occupied.
License and registration requirements
Landlords must get and maintain an Administrative Permit for Short-Term Rentals and a City Business License. Both must be renewed annually.
Other requirements
You must designate a local contact and provide that contact information to the city, renters, and adjacent properties. The local contact must be available 24/7 during the stay and able to respond within 60 minutes.
Operational requirements and compliance rules
Occupancy limits depend on the unit type:
- Rooms or studios: two people
- One-bedroom apartments: three people
- All other residences: two people per bedroom, with a max of eight people.
All other applicable Santa Clara City Code requirements also apply.
Post Your Listing Quickly and Capture Peak Demand
When demand surges around major events, getting your rental listed fast can be the difference between booked dates and missed opportunities. If short-term stays are permitted in your area, Apartments.com Rental Manager makes it easy to create and publish a listing in just a few steps, so you can start generating inquiries and filling your calendar without a complicated setup. Get your property in front of renters searching for a place to stay and move from “available” to “booked” faster.
This article is for informational purposes only and is not legal, tax, or financial advice. The information presented here is a general overview and is not all-encompassing; it may not cover every requirement, exception, permitting process, enforcement practice, or recent update in each location. Short-term rental laws and tax rules vary by location and can change, so verify current requirements and consult a qualified attorney or professional for guidance.
FAQs
Are short-term rentals legal in San Francisco?
Yes, San Francisco allows short-term rentals, but only in a host’s primary residence and only if the unit meets the city’s zoning and residential-use rules. Also, San Francisco’s rules differ from nearby cities, so it’s important to check your local laws.
Do I need a license or permit in San Francisco to operate a short-term rental?
San Francisco treats short-term rental hosting as a business, so you generally need to obtain a city business registration and keep it current through required renewals. You also have to complete the city’s short-term rental registration process and remain in good standing by following ongoing compliance rules, such as using your registration number on listings and meeting any required reporting obligations.
Does a short-term rental have to be my primary residence in San Francisco?
Yes, in San Francisco, a short-term rental must be your primary residence, meaning you must live in the property for at least 275 nights per year. Unhosted stays are limited to 90 nights per year, while hosted stays have no annual cap. If you offer both hosted and unhosted stays, you must create separate listings clearly identifying each stay type, even if it’s the same unit.
