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Cupertino, CA Accessory Structures: ADU Rental Restrictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum rental term
30 days (no short-term rentals)
Separate sale of ADU
Prohibited except narrow state exception
Exception
Gov. Code §§ 66340-66342 nonprofit programs
Governing citation
CMC § 19.112.020

Summary

Cupertino lets homeowners rent an accessory dwelling unit separately from the main house, but Municipal Code Section 19.112.020 bars any rental term shorter than 30 days for an ADU or junior ADU, and forbids selling or conveying the unit apart from the rest of the lot.

Accessory dwelling units may be rented separately from the single-family dwelling or multi-family dwelling structure but may not be sold or otherwise conveyed separately from the other dwellings on the lot, except pursuant to Government Code Section 66340 – 66342. Any accessory dwelling unit, including a Junior Accessory Dwelling Unit (JADU), shall not be used as a rental for a term less than 30 days.

Full Breakdown

020 treats an ADU like any other dwelling for rental purposes with one hard limit: an ADU, including a Junior Accessory Dwelling Unit, may not be used as a rental for a term less than 30 days. The same sentence lets an owner rent the ADU to a tenant different from whoever lives in the main house, which is what makes an ADU a genuine income option in Cupertino rather than a unit that must stay with the same household. The trade-off is on the ownership side: an ADU may not be sold or otherwise conveyed separately from the other dwellings on the lot, so a homeowner cannot subdivide title and sell the ADU as a standalone unit.

State law carves out one narrow path around that ban, at Government Code Sections 66340 through 66342, which allows qualifying nonprofit and public-agency programs to convey ADUs separately under specific affordability terms; outside that program, the local no-separate-sale rule controls. Because the 30-day floor sits inside the zoning chapter rather than the business-license code, the City enforces it as a land-use matter: a property owner who lists an ADU nightly on a short-term rental platform is running an unpermitted use of the parcel, not just skipping a lodging-tax filing.

Violations & Fines

An ADU rented under 30 days is a zoning violation of Chapter 19.112 and can be pursued through the City's nuisance abatement process in Chapter 1.09 or the administrative citation process in Chapter 1.10. A conveyance of the ADU apart from the lot without qualifying under Government Code Sections 66340 through 66342 is unenforceable under the Municipal Code and can prevent a sale from closing in reliance on it.

Frequently Asked Questions

Can I rent out my Cupertino ADU on Airbnb?
No. Municipal Code Section 19.112.020 prohibits renting any accessory dwelling unit, including a junior ADU, for a term shorter than 30 days, which rules out nightly or weekly short-term rental listings.
Can I sell my ADU as a separate unit from my house?
Generally no. Section 19.112.020 bars selling or conveying an ADU separately from the other dwellings on the lot, with a narrow exception under Government Code Sections 66340 through 66342 for qualifying nonprofit or public-agency affordable housing programs.
Can I rent my ADU to a different tenant than my main house?
Yes. Section 19.112.020 allows an ADU to be rented separately from the primary dwelling, as long as the rental term is 30 days or longer.

Sources & Official References

Other rules in Cupertino

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