California
California has NO statewide short-term-rental license, permit, or registry. The state delegates STR land-use, zoning, and registration authority to cities and counties, which almost universally require their own local registration/permits and Transient Occupancy Tax (TOT) certificates. State law's role is enabling and tax-related, not a direct host mandate: (1) Revenue & Taxation Code Sec. 7280 authorizes any city or county to levy a local Transient Occupancy Tax on occupancy of 30 days or less (a county TOT applies only in unincorporated areas); there is NO state-level lodging/occupancy tax and no state sales/use tax on short-term stays. (2) SB 346 (Chapter 751, Statutes of 2025; approved by the Governor and chaptered Oct 13, 2025; operative Jan 1, 2026) added Government Code Chapter 4.6 (commencing with Sec. 50990; the 'Short-Term Rental Facilitator Act of 2025'), letting a city/county that first adopts an enabling ordinance compel 'short-term rental facilitators' (Airbnb, VRBO, etc.) to report each STR's physical address (including nine-digit ZIP Code) per reporting period (no more often than every 3 months, or monthly if the agency collects TOT monthly). In the Coastal Zone, the California Coastal Act treats local STR bans/restrictions as 'development' that requires Coastal Commission approval via a coastal development permit or Local Coastal Program amendment, and the Commission has historically discouraged outright bans (e.g., Kracke v. City of Santa Barbara). SB 1318 (would further limit coastal restrictions on non-owner-occupied STRs) was still PENDING (placed on the Senate Appropriations suspense file 7-0 on May 11, 2026; held under submission May 14, 2026) and is NOT law as of July 2026. Bottom line at the state layer: STRs are allowed; actual permitting, caps, night limits, occupancy rules, and TOT rates are set locally.
Not legal advice. Last verified 2026-07-15 · sources linked below.
Requirements checklist
-
state SB 346 short-term rental facilitator address reporting (Gov. Code Chapter 4.6, commencing with Sec. 50990) Conditional
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city Local Transient Occupancy Tax registration / certificate (authorized by Rev. & Tax. Code Sec. 7280) Conditional
Taxes
| Tax | Rate | Administered by | Airbnb remits | Vrbo remits |
|---|---|---|---|---|
| Transient Occupancy Tax (TOT) | — | Individual city or county (a county TOT applies only in the unincorporated areas of the county) | — | — |
Operating rules
- Primary residence
- —
- Min stay (nights)
- —
- Max nights / year
- —
- Max occupancy
- —
- Zoning-restricted
- No
- Cap on licenses
- —
Zoning: State law does not zone or cap STRs; land use, zoning, night caps, and occupancy limits are established locally by each city/county. In the Coastal Zone, the California Coastal Act treats local STR bans/restrictions as 'development' requiring California Coastal Commission approval via a coastal development permit or a Local Coastal Program amendment, and the Commission has historically discouraged outright bans (e.g., Kracke v. City of Santa Barbara). This constrains, but does not prohibit, local regulation.
- No statewide primary-residence requirement, minimum-stay, annual-night cap, occupancy formula, or license cap exists; all such limits are imposed (if at all) at the city/county level.
- The state's 'transient' threshold is 30 days: an occupancy of more than 30 days is not a taxable short-term stay under Rev. & Tax. Code Sec. 7280.
- SB 1318 (2025-2026 session), which would require the Coastal Commission to approve coastal permits/LCP amendments restricting non-owner-occupied STRs, was placed on the Senate Appropriations suspense file (7-0) on May 11, 2026 and held under submission on May 14, 2026; it is NOT current law as of July 2026.
- State income tax on rental income is administered by the Franchise Tax Board, but that is general income taxation, not an STR-specific tax.
Enforcement
- Active enforcement
- yes
- Fines
- State law imposes no host-facing STR fines; day-to-day enforcement (permits, zoning, TOT) is carried out by cities and counties. Under SB 346, a local agency that has adopted an enabling ordinance may make a short-term rental facilitator's failure to report required STR data subject to an administrative fine or penalty pursuant to Gov. Code Sec. 53069.4.
- Notes
- SB 346 (Chapter 751, Statutes of 2025; operative Jan 1, 2026) strengthens local governments' ability to obtain platform address/host data to enforce local STR and TOT rules. Specific fine amounts and enforcement programs are defined by each local ordinance.
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Frequently asked questions
Is Airbnb legal in California?
Do I need a license or registration for a short-term rental in California?
What taxes apply to short-term rentals in California?
Official sources
- statute SB 346 (2025-2026) - Local agencies: transient occupancy taxes: short-term rental facilitator (Chapter 751, Statutes of 2025; adds Gov. Code Chapter 4.6, commencing with Sec. 50990) ↗
- legislative-history SB 346 Bill History - Approved by the Governor and Chaptered Oct 13, 2025 (Chapter 751, Statutes of 2025) ↗
- statute California Revenue and Taxation Code Sec. 7280 - Occupancy Taxes (local transient occupancy tax authority) ↗
- legislative-history SB 1318 (2025-2026) - Coastal resources: LCP: CDP: non-owner-occupied short-term rentals (PENDING; on Senate Appropriations suspense file as of May 2026; not law) ↗
- reference U.S. Census Bureau ANSI/FIPS code lists - California state FIPS code = 06 ↗
Informational summary of publicly available sources; not legal advice. Verify against the linked official sources.