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

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

Key Facts

Minimum ADU rental term
30 days or longer, to the same person or persons
Deed restriction wording
30 consecutive calendar days or longer
Separate rental of ADU
Allowed apart from the primary dwelling
Junior ADU rental
Not under 30 days; no short-term rental
Deed restriction recorded with
Marin County Recorder's office, before final occupancy
Consequence of non-compliance
Legal action, including revocation of right to maintain ADU

Summary

In the City of Novato, an accessory dwelling unit must be rented to the same person or persons for a term of 30 days or longer under Section 19.34.030(K). The recorded deed restriction repeats the rule as 30 consecutive calendar days, and a junior ADU cannot be used as a short-term rental.

F.Separate Sale or Conveyance. Except as provided by Government Code section 66314, an accessory dwelling unit shall not be sold or conveyed separately from the primary dwelling unit on a qualifying a lot for development of an accessory dwelling unit. An accessory dwelling unit may be rented separately from the primary dwelling unit. ... K.Rental Period. An accessory dwelling unit shall be rented to the same person or persons for a term of 30 days or longer. ... T.Deed Restriction. A deed restriction, signed by the property owner(s) of record and the community development director or designee, shall be recorded with the Marin County Recorder's office, listing the restrictions and limitations of an accessory dwelling unit as identified below. ... 2.The accessory dwelling unit shall be rented to the same person or persons for a term of 30 consecutive calendar days or longer; 3.The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with any provisions of section 19.34.030 can result in legal action against the property owner, including revocation of any right to maintain an accessory dwelling unit on the property.

Full Breakdown

Section 19.34.030 of the Novato Zoning Ordinance sets the rental rules for accessory dwelling units in the City of Novato, Marin County, California. Subsection K, Rental Period, requires an ADU to be rented to the same person or persons for a term of 30 days or longer. Subsection F separates rental from ownership: an ADU cannot be sold or conveyed separately from the primary dwelling unit, except as Government Code section 66314 provides, but it can be rented separately from the primary dwelling unit. Subsection T turns the rule into a recorded promise.

A deed restriction signed by the property owner or owners and the community development director or designee must be recorded with the Marin County Recorder's office before final occupancy, runs with the land, and binds future owners, heirs, and assigns. The restriction must state that the ADU shall be rented to the same person or persons for a term of 30 consecutive calendar days or longer, and that it cannot be sold separately from the primary dwelling unit except as Government Code section 66341 provides.

It also states that lack of compliance can result in legal action against the property owner, including revocation of any right to maintain an ADU. Junior accessory dwelling units carry a stricter wording in Section 19.34.031: a JADU shall not be rented for a period of less than 30 days and shall not be used as a short-term rental, and the owner must occupy the primary dwelling or the JADU as a principal residence. Units built under the Senate Bill 9 provisions of Section 19.34.029 have their own rental term, longer than 30 days.

Violations & Fines

Section 19.34.030(T)(3) states that lack of compliance can result in legal action against the property owner, including revocation of any right to maintain an accessory dwelling unit on the property. Under Section 19.59.090, a person who willfully violates the Zoning Ordinance is liable for a civil penalty under the Code Enforcement Fee Schedule for each day the violation continues, and Section 19.59.040 allows a misdemeanor or infraction charge. Section 1-5.1 caps infraction fines at $100, $200, and $500.

Frequently Asked Questions

Can an ADU in Novato be used as a short-term rental?
Section 19.34.030(K) requires an ADU to be rented to the same person or persons for a term of 30 days or longer, and the recorded deed restriction states 30 consecutive calendar days or longer. A rental to the same person for fewer days does not meet the rule. For a junior ADU, Section 19.34.031(H) says so outright.
Can I rent my Novato ADU separately from the main house?
Yes. Section 19.34.030(F) states that an accessory dwelling unit can be rented separately from the primary dwelling unit. What it cannot do is be sold or conveyed separately from the primary dwelling unit, except as Government Code section 66314 provides, so the 30-day rental rule is the main limit on how it is let.
What does the Novato ADU deed restriction say about rentals?
Section 19.34.030(T) requires a deed restriction recorded with the Marin County Recorder's office before final occupancy. It states that the ADU shall be rented to the same person or persons for a term of 30 consecutive calendar days or longer, binds successor owners, and warns of legal action and revocation of the right to maintain the ADU.
Do junior ADUs in Novato have the same rental rule?
They have a stricter one. Under Section 19.34.031, a junior ADU shall not be rented for a period of less than 30 days and shall not be used as a short-term rental. The owner must also live in the primary dwelling or the junior ADU as a principal residence, unless the owner is a government agency, land trust, or non-profit housing organization.

Sources & Official References

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