Rental Rules by City / Free checklist / San Diego

Is my San Diego rental legal? Checklist

San Diego County, California · Based on our San Diego page, last verified Oct 24, 2026 · Print

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📋 The Basics

Can I rent my place short-term here?: Only in some areas
Do I need a permit?: Yes. Any rental under one month needs a city STRO license, and some types are capped.
What taxes do I pay?: Total about 11.75%. Check your Airbnb payout report to see which ones Airbnb collects; you pay the rest yourself.

Your 3 steps to be legal

Pick your license tier (whole-home licenses are capped).
Get a Transient Occupancy Registration Certificate.
Put the certificate number on all ads and file tax monthly.

⚠️ Biggest risk: Whole-home licenses are capped, and Mission Beach is sold out.

Words confusing? See the glossary. Details and official sources are below.

This is the general rule for San Diego. Does your address qualify?

The free info covers the city as a whole. Your property can still be different: zoning can change from one street to the next, and an HOA or condo ban can stop rentals even where the city allows them. The penalties San Diego lists are on the San Diego page.

Your $49 Compliance Check looks at your exact property:

Whether your exact address and zone allow short-term rentals
A check of HOA / condo rental restrictions to look for
Which permits and tax accounts you personally need
What you're missing right now
A personal report with clear next steps and official sources, by email
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Permit / license / registration

License: A Short-Term Residential Occupancy (STRO) license is required for any rental under one month (Municipal Code Ch. 5, Art. 10).
Tiers: Tier 1: up to 20 days/year. Tier 2: home-sharing with host on site. Tier 3: whole-home outside Mission Beach (capped). Tier 4: whole-home in Mission Beach (capped; sold out).
TOT certificate: A Transient Occupancy Registration Certificate is required; its number must appear on all ads. TOT is remitted monthly; late penalty up to 25%.

Zoning, where allowed & definitions

Not listed on our page: Verify with the city/county before renting.

Night limits, minimum stays & occupancy

Not listed on our page: Verify with the city/county before renting.

Fees, penalties & pending changes

Fees: Verify license fees with the City Treasurer.

Taxes & who collects them

Register / account for San Diego Transient Occupancy Tax (Zone 1; 12.75% Zone 2, 13.75% Zone 3) (11.75%)
What Airbnb collects: Whether Airbnb collects San Diego TOT for your listing: verify in Airbnb's local tax help pages and your payout reports. You must still hold a TOT certificate.
Vrbo and direct bookings: check which taxes Vrbo collects in your area; for direct bookings you collect and remit all of them yourself.

Total rate: 11.75%. TOT is 11.75%, 12.75% or 13.75% by tax zone since May 1, 2025 (Measure C); check the city's tax zone map and set the rate for your zone. California has no state sales tax on lodging. The 2% TMD assessment applies only to lodging businesses with 70+ rooms. Calculate.

HOA / condo check

Read your declaration, bylaws and rules for rental bans, minimum terms, caps and approval requirements.
Get any association sign-off or approval letter your city or association requires.
See our HOA & condo guide.

Insurance

Confirm your homeowner/condo policy covers short-term rental use, or add a short-term rental policy. Platform host protection is not a substitute for insurance.
Ask your association whether it requires specific liability coverage.

Deadlines

Renew city/county permits or registrations on their schedule (often annually): confirm the date with the office that issued it.
File state and local lodging tax returns on the schedule your tax office assigns.

Official sources

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Not legal or tax advice. Last verified Oct 24, 2026. Rules and rates change: confirm with the official sources linked before you rent or file.