Airbnb permit application in San Jose

Operating a short-term rental (STR) in San Jose requires understanding and adhering to local regulations designed to balance tourism growth with neighborhood stability. This guide covers the essential steps for legally obtaining an Airbnb permit in San Jose.

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Types of Short-Term Rental Licenses in San Jose

1. Hosted Short-Term Rental (Primary Residence)

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• For properties where the owner resides on-site.

• Allows rental of individual rooms while the owner is present.

• Subject to occupancy and safety regulations.

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2. Unhosted Short-Term Rental (Entire Home)

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• For renting out the entire primary residence.

• Limited to 180 nights per year when the owner is not present.

• Must comply with zoning and safety requirements.

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Key Requirements for STR Licensing in San Jose

1. Zoning Compliance

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• Confirm that your property is in a zone that permits short-term rentals via the San Jose Zoning Map.

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2. Proof of Primary Residence

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• Provide documentation showing that the property is your primary residence.

• Acceptable forms include a government-issued ID and utility bills.

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3. Business Tax Certificate

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• All STR operators must obtain a San Jose Business Tax Certificate from the city.

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4. Transient Occupancy Tax (TOT) Registration

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• Register to collect and remit the TOT tax (10%) to the city for stays under 30 days.

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5. Neighbor Notification

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• Notify adjacent neighbors about your intent to operate a short-term rental.

• Provide your contact information for any concerns or complaints.

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6. Safety and Health Standards

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• Install smoke and carbon monoxide detectors.

• Provide accessible fire extinguishers.

• Ensure compliance with building codes and health standards.

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Application Process for an Airbnb Permit

Step 1: Obtain a Business Tax Certificate

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• Apply online through the San Jose Business Portal.

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Step 2: Register for TOT

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• Register for the Transient Occupancy Tax (TOT) collection and remittance.

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Step 3: Submit Required Documents

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• Proof of primary residence.

• Neighbor notification confirmation.

• Safety compliance certifications.

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Step 4: Pay Permit Fees

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• Fees vary based on rental type:

  • Hosted Rentals: $250 annually

  • Unhosted Rentals: $500 annually

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Step 5: Display Permit Number

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• Once approved, display your permit number in all Airbnb or booking platform listings.

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Penalties for Non-Compliance

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Failure to comply with San Jose's STR regulations can result in:

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• Fines: Starting at $500 per violation.

• Permit Revocation: For repeat or severe offenses.

• Legal Action: Possible legal proceedings for ongoing non-compliance.

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How Lodge Compliance Can Help

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Lodge Compliance simplifies the permit process for Airbnb hosts in San Jose by providing:

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• Permit Application Assistance: Step-by-step guidance through the entire process.

• Compliance Monitoring: Stay informed on changing regulations.

• Operational Support: Implement health and safety standards for full compliance.

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Ready to operate your Airbnb legally in San Jose? Request a Demo to learn how Lodge Compliance can help you secure your Airbnb permit and stay compliant.

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Operate Legally and Maximize Your Earnings

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San Jose's short-term rental market offers significant income opportunities. By following the city’s regulations and maintaining high operational standards, you can build a successful and compliant Airbnb business.