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Short-term rental (Airbnb) rules in Saratoga, California

Saratoga, Santa Clara County · Ordinances checked 2026-10-05 · Reviewed · 7 cited sections

Not allowed

No. Saratoga's City Code bans renting any home, or any part of a home such as a room, for 30 consecutive days or less, and also bans advertising such a rental. Fines run up to $1,500 for a first violation, $3,000 for a second and $5,000 for each further violation within a year.

Rentals of 30 days or lessProhibited (whole home or any portion) [1]
Advertising a prohibited rentalProhibited; each day of a listing is a separate offense [2]
Fine, first violationUp to $1,500 [4]
Fine, second violation within 1 yearUp to $3,000 [5]
Fine, further violations within 1 yearUp to $5,000 each [6]
Platform reportingPlatforms must report STR addresses to the City on request [7]

The rule

Saratoga does not allow short-term rentals. Article 15-42 says no one may rent a residential dwelling, or any portion of one, to another person for thirty consecutive days or less [1]. The ban covers non-cash deals too: home swaps, trades and other consideration in lieu of payment count the same as paid stays [1]. Hotels, motels and bed-and-breakfast inns are excluded from the definition of a residential dwelling. The City's Code Compliance page summarizes the rule the same way: renting a single-family home or rooms within it for 30 consecutive calendar days or less is prohibited [3].

Advertising and hosting platforms

It is also illegal for an owner, tenant or their agent to arrange, facilitate or advertise a prohibited rental, and each day a listing stays up is a separate offense [2]. Paying transient occupancy tax or a business license fee does not make a short-term rental legal. Since February 2026 the City has opted into the state Short-Term Rental Facilitator Act, so platforms such as Airbnb and VRBO must report the address of each short-term rental when the City asks [7].

Penalties

Violations are infractions. Fines are up to $1,500 for a first violation [4], up to $3,000 for a second violation of the same ordinance within a year [5], and up to $5,000 for each additional violation within a year of the first [6].

What is still allowed

Rentals longer than 30 consecutive days are outside this ban, so a standard monthly or annual lease of a home, room or legal accessory dwelling unit is not affected by Article 15-42. Complaints about short-term rentals are investigated case by case through the City's code enforcement officer.

See how Saratoga compares with 8+ other California towns on short-term rentals (airbnb / vrbo) →

Next steps

  1. If you want to rent your home or a room, set the minimum stay at 31 days or more; shorter stays are prohibited citywide.
  2. Remove or adjust any existing Airbnb or VRBO listing offering stays of 30 days or less, since each day a listing is posted is a separate offense.
  3. For questions or to report a short-term rental, contact Saratoga Code Compliance at (408) 868-1230 or file a complaint form through the City's Short-Term Rentals web page.

Common questions

Are short-term rentals legal in Saratoga, California?
No. Saratoga's City Code bans renting any home, or any part of a home such as a room, for 30 consecutive days or less.
What is the fine for an Airbnb in Saratoga, California?
Fines run up to $1,500 for a first violation, $3,000 for a second and $5,000 for each further violation within a year.
Can I advertise a short-term rental in Saratoga, California?
No. Advertising a prohibited rental is also banned, and each day of a listing is a separate offense.

California state rules for short-term rentals

California has no statewide short-term rental license or registry. Your city or county decides whether and how you can rent on Airbnb or VRBO, including permits, caps, primary-residence rules and minimum stays.

Taxes: cities and counties may levy a transient occupancy tax (TOT) on stays of 30 days or less (Rev. & Tax. Code §7280). Rates and registration are local, and the county rate applies only in unincorporated areas.

New platform reporting law: since January 1, 2026, a city or county can adopt an ordinance requiring platforms like Airbnb and VRBO to report the address of each short-term rental (Gov. Code §50990 et seq., SB 346). Where a city has opted in, listings must also show the local license number and TOT certificate.

ADUs and SB 9 units: state law lets cities require that ADUs be rented for 30 days or longer. It requires that for by-right ADUs, junior ADUs and units built under SB 9 lot splits (see ADUs).

Coastal zone: in a December 2016 letter, the Coastal Commission said:

  • STR rules in the coastal zone must be adopted through the city's Local Coastal Program or a coastal development permit, and bans adopted any other way are likely not enforceable there.
  • The Commission has not historically supported blanket STR bans, finding they unduly limit public access to the coast.
  • It has supported reasonable limits, such as caps on the number of rentals, occupancy limits, and limits on which housing types can be rented.

State sources: Rev. & Tax. Code §7280 (transient occupancy tax) · SB 346 (2025), Stats. 2025, ch. 751 (short-term rental facilitator reporting) · Gov. Code §66315 (ADU rentals of 30 days or longer) · Gov. Code §66323 (by-right ADU rentals longer than 30 days) · California Coastal Commission, Short-Term/Vacation Rentals in the California Coastal Zone (Dec. 6, 2016)

What the ordinance says

Exact text from Saratoga's published ordinances. Section numbers are as printed in the source.

  1. Sec. 15-42.010(a), City Code Article 15-42 - Short-Term Rentals, p. 1
    No person shall rent any residential dwelling, or any portion of a residential dwelling, to any other person for thirty consecutive days or less, whether in exchange for monetary consideration or any form of any non-monetary consideration, including trade, fee, swap or other consideration in lieu of payment.
  2. Sec. 15-42.010(b), City Code Article 15-42 - Short-Term Rentals, p. 1
    Each rental arranged or facilitated and each day that an advertisement is posted, published, circulated, broadcast or maintained by such person in violation of this section is a separate offense.
  3. Short-Term Rentals (Code Compliance web page), Short-Term Rentals (Code Compliance page), p. 1
    The City of Saratoga currently prohibits short-term rental of a single-family home or room(s) within the home for a period of 30 consecutive calendar days or less.
  4. Sec. 15-42.020(a)(1), City Code Article 15-42 - Short-Term Rentals, p. 1
    A fine not exceeding one thousand five hundred dollars for a first violation.
  5. Sec. 15-42.020(a)(2), City Code Article 15-42 - Short-Term Rentals, p. 1
    A fine not exceeding three thousand dollars for a second violation of the same ordinance within one year.
  6. Sec. 15-42.020(a)(3), City Code Article 15-42 - Short-Term Rentals, p. 1
    A fine not exceeding five thousand dollars for each additional violation of the same ordinance within one year of the first violation.
  7. Sec. 15-42.010(d), City Code Article 15-42 - Short-Term Rentals, p. 1
    Upon request by the City Manager or the Manager's designee each short-term rental facilitator shall report, in the form and manner prescribed in the request, the physical address, including nine-digit ZIP Code, of each short-term rental during the reporting period and shall provide additional information requested if the information provided is not sufficient to identify a specific short-term rental at the provided address.
This page summarizes Saratoga's posted ordinances as of 2026-10-05. Ordinances are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Community Development Department - Code Compliance (Building Division 408-868-1240), 13777 Fruitvale Avenue (408-868-1230 (code enforcement hotline); Community Development 408-868-1222) before you build. Spot an error?