San Jose Short Term Rental Regulation: A Guide For Airbnb Hosts

Starting a Short Term Rental Business in San Jose

In San Jose, short term rentals are regulated by the zoning code requirements for “incidental transient occupancy.” The right to offer incidental transient occupancy is reserved for hosts who occupy the property for at least 60 consecutive days with the intent to establish it as their primary residence. If the host is present, short term rentals are allowed up to a maximum of 3 guests in single-family homes and only 2 guests in multifamily dwellings. There is no cap on the annual number of nights a host can book short term rentals if they are present. When the host is not present, annual bookings are capped at 180 days and the maximum number of guests is 2 per studio, 3 per one-bedroom unit, and 2 per bedroom for larger units, up to an absolute max of 10 guests regardless of the number of bedrooms[1][10].

Short Term Rental Licensing Requirement in San Jose

Hosts need to obtain a Business License prior to operating a short term rental. The City of San Jose requires all people who operate businesses to pay a tax before issuing a Business License[10].

Required Documents for San Jose Short Term Rentals

The specific documents required for starting a short term rental business in San Jose are not explicitly mentioned in the search results. However, it is generally required to have proof of property insurance and proof of payment of city hotel occupancy taxes[2]. It's also important to have a valid business license[10].

San Jose Short Term Rental Taxes

In San Jose, there are two separate Transient Occupancy Tax (TOT) taxes under Chapters 4.72 and 4.74 of the Municipal Code. Chapter 4.72 provides for TOT at 6% of the room rent and Chapter 4.74 provides for a TOT at 4% of the room rent for a combined rate of 10%[8]. As of May 1, 2017, Airbnb began collecting and remitting the 6 percent state hotel occupancy tax on Texas short-term rentals booked through the Airbnb website[4].

Texas Statewide Short Term Rental Rules

Texas does not have a requirement at the state level for special permits for STR businesses. However, most of the major Texas cities require STR owners and business managers to register their short term rental property with the city government. This registration process often requires a bit of paperwork and is accompanied by a registration fee[3]. A bill has been revised to call for the state to study potential legislation on short-term rentals[5].

Does San Jose actually enforce Airbnb/STR regulation?

The search results do not provide specific information on how San Jose enforces Airbnb/STR regulations. However, it is generally recommended to comply with local requirements to avoid the risk of penalties[3].

How to Start a Short Term Rental Business in San Jose

To start a short term rental business in San Jose, you need to comply with the city's regulations, obtain a business license, and pay the required taxes. You also need to ensure that you meet the zoning code requirements for “incidental transient occupancy”[1][10].

Who to contact in San Jose about Short Term Rental Regulations and Zoning?

For questions or concerns about short term rental regulations and zoning in San Jose, you can contact the city's housing department or the building division. You can also visit the San Jose website for more information[6].

buildyourbnb.com

1. austintexas.gov
2. lodgify.com
3. comptroller.texas.gov
4. fox4news.com
5. hostscouts.com
6. sanjoseca.gov
7. sanjoseca.gov
8. prdg.com
9. guestable.com
10. enterprise.com
11. comptroller.texas.gov
12. capitol.texas.gov
13. awning.com
14. rules.cityofnewyork.us
15. dtac.sccgov.org
16. canons.sog.unc.edu
17. sanjoseca.gov
18. biggerpockets.com
19. mashvisor.com
20. awning.com
21. avalara.com
22. woodgroupmortgage.com
23. library.municode.com
24. airbnb.com

Disclaimer: While we here at BNBCalc strive to keep all of our city regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each city and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.