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National City, 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
31 days for the ADU and the primary dwelling
Separate sale
ADU cannot be sold or conveyed apart from the primary residence
Recorded agreement
Signed before building permit; runs with the land for the life of the ADU
Short-term rental chapter
Chapter 6.30 excludes ADUs and JADUs
Multi-family exception
31-day limit does not apply to existing multi-family units

Summary

In National City, an accessory dwelling unit can be rented, but neither the ADU nor the primary dwelling can be rented for a term of less than 31 days. A recorded agreement with the City, signed before the building permit issues, locks in the 31-day minimum and the ban on selling the ADU separately.

2.An ADU may serve as a rental unit or be occupied by family members, guests, or in-home health care providers and others at no cost.3.Neither the ADU nor the primary dwelling unit shall be rented for a term of less than thirty-one days. ADUs on multi-family properties shall be subject to this provision, except the restriction shall not apply to existing multi-family units. ... 8.Before a building permit may be issued for an ADU, the record owner shall enter into an agreement with the City in a form that is approved by the City Attorney. The agreement shall include the following provisions: the ADU may not be sold or conveyed separately from the primary dwelling unit; the agreement may be enforced against future purchasers; and the ADU may not be rented for a period of less than thirty-one days. The City shall submit the agreement to the County Recorder for recordation. The agreement shall run with the land for life of the ADU.

Full Breakdown

Section 18.30.380(G) of the Land Use Code (Title 18) sets the rental rules for accessory dwelling units in National City. An ADU can serve as a rental unit, or it can be occupied by family members, guests, in-home health care providers and others at no cost. The limit is on term: neither the ADU nor the primary dwelling unit can be rented for less than 31 days. ADUs on multi-family properties are subject to the same provision, except that the restriction does not apply to existing multi-family units. An ADU also cannot be sold or otherwise conveyed separate from the primary residence, and owner occupancy of either unit is not required.

The terms are enforced through paperwork before construction. Before a building permit may be issued, the record owner must enter into an agreement with the City in a form approved by the City Attorney. The agreement must provide that the ADU may not be sold or conveyed separately from the primary dwelling unit, that the agreement may be enforced against future purchasers, and that the ADU may not be rented for a period of less than 31 days. The City submits the agreement to the County Recorder for recordation, and it runs with the land for the life of the ADU, so a buyer of the property inherits the same restrictions.

The 31-day floor lines up with the city's short-term rental chapter. Chapter 6.30 defines a short-term rental as a rental for a period of 30 consecutive calendar days or less and states that short-term rentals exclude any accessory dwelling unit permitted under Chapter 18.30.380 and any junior accessory dwelling unit permitted under Chapter 18.30.390. The Land Use Code therefore does not open a vacation-rental path for an ADU; the only rental available is a stay of 31 days or longer. Section 18.30.390 repeats the 31-day term for junior ADUs, adds a residence requirement for the owner, and puts both in the recorded agreement.

Violations & Fines

Section 18.30.380 prints no fine schedule for a short rental. The consequence is structural: the 31-day minimum and the no-separate-sale term sit in a recorded agreement that runs with the land for the life of the ADU and can be enforced against future purchasers, and no building permit issues for the ADU until the record owner signs it.

Frequently Asked Questions

Can I rent my ADU in National City?
Yes. Section 18.30.380(G)(2) says an ADU can serve as a rental unit or be occupied by family members, guests, in-home health care providers and others at no cost. The rental must run 31 days or longer, and the primary dwelling carries the same minimum term.
Can an ADU in National City be an Airbnb?
No. Neither the ADU nor the primary dwelling can be rented for less than 31 days under Section 18.30.380(G)(3). Chapter 6.30 also defines short-term rentals as 30 consecutive calendar days or less and excludes any ADU permitted under Chapter 18.30.380, so no short-term rental permit pathway covers an ADU.
Can I sell my ADU separately from the house in National City?
No. Section 18.30.380(G)(1) bars selling or otherwise conveying an ADU separate from the primary residence. The agreement recorded with the County Recorder before the building permit issues repeats that term, can be enforced against future purchasers, and runs with the land for the life of the ADU.
Does the 31-day rule apply to existing apartments on a multi-family lot?
No. ADUs on multi-family properties are subject to the 31-day provision, but the restriction does not apply to existing multi-family units. Only the new ADUs, and not the apartments already on the lot, carry the 31-day minimum under Section 18.30.380(G)(3).

Sources & Official References

Other rules in National City

All National City rules

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