Rentals Longer than 30 Nights: Renter Rights and Rent Control
Rentals for more than 30 consecutive nights (by the same visitors) are not subject to short-term rental regulations or subject to hotel (transient occupancy) taxes. Business personal property taxes may still apply (administered by the Santa Clara Assessor-Recorder).
In addition, rental/tenant protections and rent control provisions may apply to stays of 30 days or more. The Planning Department cannot provide advice on tenant protection or rent control rules and laws. Contact the Housing Department for more information.
If rentals are offered for more than 30 nights per guest stay (for those dwelling units not authorized to offer short-term rentals by the Planning Department) ensure that booking calendars and advertisements for all online listings clearly indicate a 30-day minimum stay.
Renting Your Home for Meetings and Events
Some hosts use online platforms to rent out portions of their home for daytime events such as work space usage by individuals booking short time segments; or for ceremonies, conferences or meetings. This type of activity generally violates Planning Code rules if the space being used is intended for residential use.
Short-Term Rentals in Commercial and Industrial Buildings
Short-term rentals may only be hosted in areas that are permitted for residential use. For example, short-term rentals may not be held in a institutional, commercial or industrial building, unless a specific portion of the building is authorized (per the Department of Building Inspection) as a residential dwelling unit. In addition, vehicles (including RVs and Camper Vans) and temporary structures (such as tents, sheds, tree houses, etc.) may not be used for short-term rentals. Short-term rentals can be hosted in residential portions of live-work units; if the host is a permanent resident. However, the short-term rental activity is not considered a qualifying business activity in those specific live-work units where a notice of special restrictions (NSR), recorded on the property, requires a business activity/registration for the “work” area. Also see: “Ineligible Properties.”
What is the basis for the City of Milpitas to create regulations for short-term rentals?
The Milpitas Charter references it’ss authority as a charter city to make and enforce all local laws and regulations that are not in conflict with general state laws per the California Constitution, Article XI, Section 7.