Overview: Are Short-Term Rentals Allowed in Indian Wells?

Short-term rentals are explicitly allowed in Indian Wells under a municipal licensing program, but they are subject to strict operating standards and a citywide minimum-stay requirement. Property owners may rent residential properties for fewer than 30 days only under the following conditions:

• Year-round minimum stay: 29 consecutive nights (applies to all new licenses/permits).
• BNP Paribas Open exception: During the tennis tournament period, a 7-night minimum is permitted (one week preceding the tournament and ending three days after conclusion).
• Homeowners’ Associations (HOAs) may opt out of the city’s minimum-stay requirement at the property level, but owners must still obtain a license/permit, remit Transient Occupancy Tax (TOT), and comply with all other city regulations.
• The city removed the prior sunset clause on its vacation rental program; the framework now operates indefinitely.
• “Grandfathered” short-term rental licenses/permits issued in July 2015 are permanently expired and no longer valid.

How to Start a Short-Term Rental Business in Indian Wells

• Confirm property zoning eligibility (single-family and multifamily dwellings are permitted to operate under the city ordinance; confirm specific zoning with Planning if uncertain).
• Determine whether your HOA has opted out of the city’s minimum-stay rule; if not, plan for 29-night minimum stays outside the BNP Paribas Open exception window.
• Secure a 24/7 local emergency contact who can respond to public safety calls, nuisances, or complaints about the property. A property owner who lives within one hour’s drive of the property may serve as the local contact.
• Prepare required documentation (see next section).
• Submit the Short-Term Rental License/Permit Application to the City of Indian Wells.
• Implement compliant rental operations:
  • Use a compliant rental agreement (the City offers a model agreement that can be adopted or adapted).
  • Provide the Good Neighbor Brochure to every tenant before or at check-in.
  • Collect Transient Occupancy Tax (TOT) at 12.25% on the nightly rate and remit quarterly.
  • Maintain compliance with noise ordinances (no disturbing noise between 10:00 p.m. and 7:00 a.m.; “audible from the curb line” test is enforceable).
• Review and follow any HOA rules (if applicable). The city allows HOA opt-out of minimum stays only; all other STR laws remain in force.
• Monitor code enforcement guidance and renew/manage licenses/permits as required.

Required Documents, Permits, Licenses, and Guidelines

• Short-Term Rental License/Permit Application (City form; required for operation).
• Good Neighbor Brochure (required to be provided to tenants with the rental agreement).
• Model Short-term Rental Agreement (City-provided; use this template or ensure any custom agreement meets city-mandated provisions).
• HOA Opt-Out Form (for Common Interest Developments/Homeowners’ Associations; opt-out applies only to minimum stay requirements).
• HOA Opt-Out Map (to identify which HOAs have opted out of the city’s minimum-stay rule).
• Transient Occupancy Tax Remittance Form and Short Term Quarterly TOT Form (quarterly submission required; even if no tax is due for a quarter, a return must be filed).
• Noise Ordinance (operational restrictions and enforcement standards; review to prevent citations).
• Complaint Procedures Reference (for tenants and neighbors; familiarize owners/hosts with reporting channels and non-emergency contact numbers).

Note: TOT remittance (12.25% tax rate) is due within 30 days after the end of each quarter (March 31, June 30, September 30, December 31). If the due date falls on a weekend or holiday, payment is due the next business day. Penalties apply for late filing or non-remittance.

Specific Regulations for Short-Term Rentals (City, County, and State)

City of Indian Wells (City-Level)

• Minimum Stay and Exceptions:
  • 29-night minimum year-round (applies to new licenses/permits).
  • 7-night minimum allowed during the BNP Paribas Open tennis tournament window (one week preceding through three days after the event).
  • HOA opt-out applies only to minimum-stay requirements; all other city regulations continue to apply.
• Licensing/Permitting:
  • A valid license/permit is required to operate.
  • All “grandfathered” licenses/permits from July 2015 are permanently expired.
• Transient Occupancy Tax (TOT):
  • TOT rate is 12.25%.
  • Must be collected on the nightly rate and remitted quarterly with the official remittance form.
• Local Contact:
  • Owner must designate a local contact available 24/7, seven days per week to respond to emergencies and complaints.
• Noise:
  • No disturbing noise between 10:00 p.m. and 7:00 a.m.; noise audible beyond the property line is prohibited and enforceable (City uses an “audible from the curb line” standard).
• Enforcement:
  • Three or more citations within a 12-month period can result in a ban from renting again.
  • Violations include failure to remit TOT, advertising stays below the minimum, noise disturbances, and non-compliance with local contact requirements.
• Agreement and Tenant Guidelines:
  • Tenants must receive the Good Neighbor Brochure.
  • Model agreement provisions must be incorporated if using a custom agreement.

County (Riverside County)

• No county-level short-term rental permit or TOT requirements were provided in the source materials for this guide. County-level rules (e.g., nuisance abatement or health and safety standards) may apply and should be verified directly with Riverside County if relevant to your property.

State of California

• Transient Occupancy Tax (TOT):
  • Under California law, operators of short-term rentals are responsible for collecting TOT from guests and remitting it to the appropriate jurisdiction.
  • Cities and counties set their own TOT rates. In Indian Wells, the current rate is 12.25%, and remittance is required quarterly.
• Safety and Habitability:
  • Properties must comply with state safety and habitability standards, including but not limited to smoke detectors, carbon monoxide detectors (as required by law), and safe egress.
• Consumer Protection:
  • State consumer protection and advertising laws apply to short-term rental listings (e.g., accurate representation of the property).
• Short-Term Rental Registration:
  • Many California jurisdictions require registration or a local license/permit for short-term rentals; Indian Wells requires a city license/permit and TOT remittance.

Note: This guide focuses on city-level regulations; investors should verify any county or state-level requirements not covered here through official county or state channels.

Contact Information (Local Authority in Charge of STRs)

• Code Enforcement (for complaints and nuisance issues):
  • Phone: (760) 834-7788
  • If the disturbance warrants immediate police action or occurs outside City Hall hours:
    • Non-emergency police: (760) 836-3215
    • Emergency: 911
• City Hall (general inquiries, licensing/permits):
  • Phone: (760) 346-2489
  • Fax: (760) 346-0407
  • Address: City of Indian Wells, 44-950 Eldorado Drive, Indian Wells, CA 92210
  • Hours: Monday–Friday, 8:00 a.m.–5:00 p.m. (Closed for lunch 12:00–1:00 p.m.)
• Transient Occupancy Tax Remittance:
  • Online portal: safe.hostcompliance.com/indian-wells-ca/remit
• Application and complaint submission:
  • Submit the Short-Term Rental License/Permit Application via the City’s published form.
  • File code enforcement complaints using the City’s Citizen Complaint Form.

Source Pages and Direct Links

• City of Indian Wells – Short-Term Residential Rentals (main information page):
  • www.cityofindianwells.org/our-city/residents/short-term-residential-rentals
• Application for Short-Term Rental License/Permit:
  • www.cityofindianwells.org/home/showpublisheddocument/9755/638875569293130000
• Opt-out Form Letter for Common Interest Developments/Homeowners’ Association:
  • www.cityofindianwells.org/home/showpublisheddocument/102/637649551349000000
• HOA Opt-Out Map:
  • www.cityofindianwells.org/home/showpublisheddocument/8652/638436170873570000
• Short-Term Quarterly TOT Form:
  • www.cityofindianwells.org/home/showpublisheddocument/8396/638266445894470000
• Transient Occupancy Tax Remittance Form:
  • www.cityofindianwells.org/home/showpublisheddocument/6964/637853464538930000
• Model Short-term Rental Agreement:
  • www.cityofindianwells.org/home/showpublisheddocument/116/637148570730970000
• Adopted Noise Ordinance:
  • www.cityofindianwells.org/home/showpublisheddocument/106/637148570699400000
• Good Neighbor Brochure:
  • www.cityofindianwells.org/home/showpublisheddocument/112/637148570716900000
• City Code Enforcement – Citizen Complaint Form:
  • www.cityofindianwells.org/city-hall/departments/code-enforcement/citizen-complaint-form
• KESQ News Article – Indian Wells changes short-term rental policy (sub-29-night stays prohibited):
  • kesq.com/news/2019/11/14/indian-wells-changes-short-term-rental-policy-prohibiting-sub-29-night-stays/
• The Desert Sun – With “party houses” under control, Indian Wells removes pending ban against vacation rentals:
  • www.desertsun.com/story/news/local/indian-wells/2017/09/22/tot-revenue-makes-indian-wells-council-rethink-sunset-clause-short-term-rentals/689568001/

Practical Steps for Compliance

• Obtain a license/permit before listing or hosting.
• Maintain a 24/7 local contact and ensure contact information is current with the City.
• Use a compliant rental agreement and distribute the Good Neighbor Brochure to each tenant.
• Collect TOT at the applicable rate and remit quarterly; file returns even in quarters with no taxable activity.
• Enforce the minimum-stay rules (or HOA opt-out rules if applicable) and avoid advertising stays below the permitted minimum.
• Monitor noise levels; establish house rules and guest communications that reinforce quiet hours.
• Track citations; any three within a 12-month period can result in a rental ban.
• Keep detailed records (agreements, guest logs, TOT calculations) for at least the statutory period and for any enforcement inquiries.

Notes for Investors

• Indian Wells operates a mature, indefinite STR program with strong compliance expectations. The primary constraints are the minimum-stay rules, robust noise controls, and consistent TOT administration.
• Prior “grandfathered” licenses are no longer valid; new licenses/permits are required.
• HOA opt-out is specific to minimum stays; it does not eliminate licensing, TOT, or other ordinance obligations.
• The city is a small, high-end market with notable events; plan revenue strategies around the BNP Paribas Open window and the 29-night minimum outside that period.
• Enforcement is active; proactive compliance minimizes risk and protects the ability to continue operating.