Thinking of Airbnb in San Anselmo? Read the Rules

Thinking about offsetting your mortgage with Airbnb income in San Anselmo? Before you list a room or ADU, there’s one rule you need to know. The Town of San Anselmo does not allow short-term rentals under 30 days. In this guide, you’ll see what the town permits, how county rules differ, what enforcement looks like, and the steps to take if you’re buying or selling with rental income in mind. Let’s dive in.

San Anselmo short-term rentals: the rule

San Anselmo’s zoning does not list short-term rentals as an allowed use. The Town explains that rentals of fewer than 30 days are not permitted in any dwelling unit or room. Operating an STR can lead to citations, fines, and other administrative action. You can review the Town’s statement on its planning page for short-term rentals and contact information for questions or reporting.

• Read the Town’s guidance: San Anselmo short-term rentals

Key takeaways:

• You cannot legally market a San Anselmo property for stays under 30 days.
• The presence of listings online does not make them legal.
• The Town invites questions and complaints through its Planning Department.

San Anselmo vs. unincorporated Marin County

It is easy to confuse town rules with county rules. Marin County updated its short-term rental ordinance in 2024 and created a licensing program with caps, renewals, a local contact requirement, and other operating rules. Those county rules apply only to unincorporated Marin. They do not change what is legal inside incorporated towns like San Anselmo.

• County program overview: Marin County STR updates and licensing

If your property is inside San Anselmo’s town limits, the town’s prohibition controls. If your property is outside San Anselmo in unincorporated Marin, you will need to follow the county’s STR license process and operating rules.

How enforcement works

The Town treats an STR as a zoning and use violation. Planning staff can investigate, issue citations, and take administrative action. The town page also links to reporting and invites you to contact planning staff for clarification on a specific property.

Listings might appear on Airbnb or other platforms even if they violate local code. Platforms may not remove them proactively, and an active listing is not proof of legality. When in doubt, rely on the Town’s written policy rather than marketplace activity.

• Town policy and contacts: San Anselmo short-term rentals

If you are in unincorporated Marin, the County can enforce its licensing rules, including fines or license suspension for violations under its updated program.

HOA, insurance, and taxes to check

HOA and CC&Rs

Homeowners’ associations can limit or prohibit rentals of 30 days or less. California law has shifted in recent years, which affects how and when HOAs can enforce these rules. Enforcement often depends on the governing documents’ wording and timing. Review your CC&Rs and consider legal guidance if you see conflicting provisions.

• Overview of recent HOA rental rules: AB 3182 and HOA rental restrictions

Insurance and liability

Standard homeowners policies often exclude business activities and may not cover short-term rental risks. Platform protections are limited. Speak with your insurer about a short-term rental endorsement, a landlord or commercial policy, or specialized STR coverage before hosting paying guests.

• Host coverage basics: Homeowners insurance and Airbnb hosting

Taxes and platform remittance

Platforms sometimes collect and remit transient occupancy tax for certain jurisdictions. Airbnb lists where it remits taxes, and its California notes show remittance for unincorporated Marin County. Incorporated towns, like San Anselmo, may not be covered by those county arrangements. Always verify your property’s jurisdiction and any host filing duties.

• Check platform tax remittance: Airbnb occupancy tax collection

Due diligence checklist before you buy or list

Planning to buy or host with STR income in mind? Use this quick list.

1. Confirm the jurisdiction. Verify whether the property sits inside the Town of San Anselmo or in unincorporated Marin. Town properties are subject to San Anselmo’s prohibition on rentals under 30 days. Review the Town’s page or contact Planning at [email protected] for written confirmation.

• Town policy: San Anselmo short-term rentals

2. If unincorporated, review the County program. The county’s licensing program includes caps, application and renewal rules, a local contact requirement, and operating standards.

• County program: Marin County STR updates and licensing

3. Check HOA rules and effective dates. Obtain CC&Rs and any board resolutions. Ask counsel to review how AB 3182 and related Civil Code sections affect enforcement for your situation.

• HOA rental rules overview: AB 3182 and HOA rental restrictions

4. Confirm insurance coverage. Ask your insurer whether short-term rentals are covered and what endorsements or policies you need.

• Insurance primer: Homeowners insurance and Airbnb hosting

5. Verify taxes and licenses. Confirm whether TOT, a business license, or an STR license applies to your address, and whether the platform remits taxes for that jurisdiction.

• Platform tax FAQ: Airbnb occupancy tax collection

6. If buying a property marketed with STR income, request documentation. Ask for permits or licenses, proof of tax remittance, insurance certificates, and any enforcement history. If the income depends on a use that is not legal, you take on legal and financial risk.

• Town guidance on enforcement: San Anselmo short-term rentals

Reading the market vs. reading the law

Market analytics sometimes show active listings and strong occupancy in the San Anselmo area. That data does not change what is lawful inside the town. Use market snapshots for context, then verify legality with the Town before making investment decisions.

• Example analytics snapshot: San Anselmo Airbnb market data

Buying or selling with rental income in mind

If you are a buyer, underwrite your purchase based on what is legal for the property’s jurisdiction today. Ask for written confirmation from the Town and complete the checklist above.

If you are a seller, avoid marketing a San Anselmo property with short-term rental potential if the use is not allowed. Be prepared to document any lawful rental activity, tax filings, and compliance records.

Ready to pressure test a strategy that fits your goals and the rules? Reach out to Emily Schaffer for a clear plan tailored to your address, timeline, and risk tolerance.

FAQs

Are Airbnbs legal in the Town of San Anselmo?

• No. The Town states that rentals under 30 days are not permitted and may be subject to enforcement. See the policy here: San Anselmo short-term rentals

Do Marin County STR licenses make hosting legal inside San Anselmo?

• No. County licensing applies to unincorporated Marin and does not override town zoning. Details here: Marin County STR updates and licensing

Can I rent a room or ADU for weekends in San Anselmo?

• The Town treats any dwelling unit or room rented for fewer than 30 days as a short-term rental, which is not allowed. Check with Planning for property-specific questions: Town STR guidance

Does Airbnb collect taxes for San Anselmo bookings?

• Airbnb notes remittance for unincorporated Marin County, but incorporated towns may not be covered. Always verify local obligations: Airbnb occupancy tax collection

How do HOA rules affect short-term renting in Marin?

• HOAs can restrict short-term rentals, and enforceability depends on document language and timing under recent California law. Learn more: AB 3182 and HOA rental restrictions