Modesto ADUs cannot be rented for fewer than 30 consecutive days under Cal. Gov. Code 65852.2(a)(6) and MMC 10-4.115. Long-term rentals (31+ days) are permitted with no city-issued occupancy permit. ADUs may not be sold separately from the primary residence unless Modesto adopts an opt-in ordinance under AB 1033 (Cal. Gov. Code 65852.26), which the city has not done. Short-term rentals citywide require a Transient Occupancy Registration Permit under MMC 8-2-606.
Cal. Gov. Code 65852.2(a)(6) requires every local ADU ordinance - including Modesto's MMC 10-4.115 - to mandate a minimum rental term of more than 30 days. ADUs may not be listed on Airbnb, Vrbo, or any other vacation-rental platform for stays of 30 days or fewer. The 30-day minimum applies regardless of zone or unit size. JADUs are subject to the same minimum-rental-term restriction under Cal. Gov. Code 65852.22. Separately, an ADU cannot be conveyed apart from the primary dwelling unless Modesto has adopted an opt-in ordinance under AB 1033 (Cal. Gov. Code 65852.26); Modesto has not adopted such an ordinance to date. Modesto's transient occupancy tax under MMC Title 8 Chapter 2 (sections 8-2-601 through 8-2-606) applies to any rental of 30 days or less anywhere in the city; for an ADU specifically, the 30-day minimum-rental rule means STR use of an ADU is simply prohibited. Owners renting a Modesto ADU long-term are subject to standard landlord-tenant laws (Cal. Civ. Code 1940 et seq.) and statewide just-cause termination under AB 1482 (Cal. Civ. Code 1946.2) where applicable.
Renting a Modesto ADU for under 31 days violates MMC 10-4.115 and Cal. Gov. Code 65852.2(a)(6). Enforcement is through Modesto Code Enforcement with administrative citations and abatement orders. Operating any STR without a Transient Occupancy Registration Permit under MMC 8-2-606 exposes the owner to back taxes, penalties, and interest. Confirm specific penalty amounts with the Modesto Finance Department.
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