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Milpitas · Renting & eviction

Short-term rentals in Milpitas

Milpitas's own rules on short-term rentals, with the code text for every value.

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Each rule below links to the section of the Milpitas Municipal Code it was read from, with the code text one click away (extracted October 2026). General information, not legal advice.

What Milpitas's code says

Milpitas code What Milpitas's code adds
Allowed
  • Yes, hosted rentals only.
    Applies: Primary dwelling units in the R1, R2, R3, R4, MXD, MXD3, NCMU and TC zones; a Short-Term Rental Permit and Business License are required.
    § C.10.200 · code text
    STRs are permitted in dwelling units in the R1, R2, R3, R4, MXD, MXD3, NCMU, and TC zones, subject to the requirements of this Section.
  • No.
    Applies: Nonconforming dwelling units, except units that are legal nonconforming only for parking standards.
    § C.10.200 · code text
    STRs are prohibited within all nonconforming dwelling units, except those that are legal nonconforming with respect to the parking standards of Chapter C.6 (Parking and Loading).
  • Limited to primary dwelling units.
    Applies: Not allowed in accessory structures or buildings, accessory dwelling units, or recreational vehicles.
    § C.10.200 · code text
    STRs are permitted in primary dwelling units only. STRs are not permitted within accessory structures and buildings, ADUs, or recreational vehicles.
Cap on rentals
  • No more than 1 short-term rental per dwelling unit at a time.
    § C.10.200 · code text
    A maximum of one short-term rental is permitted per dwelling unit at any given time.
Permit or registration
  • A Short-Term Rental Permit and a Business License.
    Applies: Needed before operating a short-term rental.
    § C.10.200 · code text
    Prior to the operation of a dwelling unit, or a portion thereof, as an STR, the operator must obtain a Short-Term Rental Permit in accordance with this Section and a Business License in accordance with Milpitas Municipal Code Chapter III-1 (Business Licenses).
Primary residence
  • Yes. Only hosted rentals are allowed.
    Applies: An owner or operator must live in and be present in the unit during the rental.
    § C.10.200 · code text
    An operator may only conduct a hosted rental, where an owner or operator is living and present in the dwelling unit during the short-term rental period.

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

Can I rent out my home short-term in Milpitas?

Milpitas's code: Yes, hosted rentals only. (Primary dwelling units in the R1, R2, R3, R4, MXD, MXD3, NCMU and TC zones; a Short-Term Rental Permit and Business License are required.) (§ C.10.200); No. (Nonconforming dwelling units, except units that are legal nonconforming only for parking standards.) (§ C.10.200).

General information, not legal advice.

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