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

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

Key Facts

Minimum rental term
30 consecutive days
Recorded at
Certificate of occupancy issuance
Separate sale
Not allowed, must stay with primary home
JADU occupancy
Owner must occupy JADU or primary home

Summary

Davis requires a recorded covenant before issuing a certificate of occupancy for any ADU or JADU, and Municipal Code Section 40.26.450(g) bars renting either unit for less than thirty consecutive days. The unit also cannot be sold separately from the primary home, and a JADU requires owner-occupancy of the property.

Covenant required. Prior to the issuance of a certificate of occupancy for the ADU or JADU, the property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (1) The ADU or JADU shall not be sold, transferred, or assigned separately from the primary dwelling, but may be rented. (2) The ADU or JADU shall not be used for short term rentals for less than thirty consecutive days. (3) If there is a JADU on the property, either the JADU or primary dwelling shall be occupied by the owner of record.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4915048; v22 updated 2026-05-19).

Full Breakdown

450(g) of the Davis Municipal Code requires a property owner to record a declaration of restrictions, approved by the city attorney, before the city will issue a certificate of occupancy for an accessory dwelling unit or junior accessory dwelling unit. That covenant runs with the property and binds all successors in interest to four conditions. First, the ADU or JADU cannot be sold, transferred, or assigned separately from the primary dwelling, though it may be rented. Second, and central to short-term rental questions, the unit 'shall not be used for short term rentals for less than thirty consecutive days,' closing off nightly or weekly platforms like typical vacation-rental listings.

Third, if a JADU exists on the property, either the JADU or the primary dwelling must be occupied by the property's owner of record, preventing an owner from renting out both units while living elsewhere. Fourth, the owner and every successor must maintain the ADU or JADU and the property according to all applicable ADU and JADU standards going forward. Because the covenant is recorded against the property rather than tied to a particular owner, the thirty-day minimum and owner-occupancy conditions survive a sale of the home; a new owner takes title subject to the same restrictions the original applicant accepted when the certificate of occupancy was issued.

Violations & Fines

Renting an ADU or JADU for stays under thirty consecutive days, or violating the recorded covenant's ownership or occupancy conditions, breaches a restriction the city attorney approved and that runs with the property; the city can enforce the covenant directly against the property owner as a recorded land-use restriction, independent of any separate short-term rental licensing rules.

Frequently Asked Questions

Can I list my Davis ADU on a short-term rental platform?
No. Section 40.26.450(g)(2) requires a recorded covenant stating the ADU or JADU shall not be used for short term rentals for less than thirty consecutive days. This covenant is recorded against the property before the city issues a certificate of occupancy and binds future owners too.
Can I sell my ADU as a separate property from my house in Davis?
No. The recorded covenant required under Section 40.26.450(g)(1) prohibits selling, transferring, or assigning an ADU or JADU separately from the primary dwelling, though the unit may still be rented for thirty days or more, consistent with the state ADU framework the city implements.
If I build a JADU, do I have to live on the property myself?
Yes. Section 40.26.450(g)(3) requires that if there is a JADU on the property, either the JADU or the primary dwelling must be occupied by the property's owner of record, so an owner cannot rent out both units while living elsewhere.

Sources & Official References

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