Oakland, CA Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Minimum ADU rental term
- 30 days or more
- Under 30 days
- Declared a public nuisance
- Civil penalty
- Up to $1,000/day
- Annual cap per parcel
- $365,000
- Enacted by
- Ord. No. 13719, § 6 (Dec. 2022)
Summary
Oakland Municipal Code § 15.08.750 makes it a public nuisance to rent out an accessory dwelling unit for less than 30 days. There's no permit path around it: the ordinance flatly prohibits offering an ADU as a short-term rental, and violations trigger the City's civil-penalty enforcement chapter.
15.08.750 - Short-term rental of accessory dwelling units prohibited. To provide, or offer to provide, an accessory dwelling unit for short term rental for a period of less than thirty (30) days is a public nuisance. (Ord. No. 13719, § 6, 12-20-2022) ... 1.08.060 - Assessment. B. Civil penalties, excluding accruing interest, shall not be assessed at more than one thousand dollars ($1,000.00) each day nor more than three hundred sixty five thousand dollars ($365,000.00) cumulatively each calendar year for an individual parcel or separate structure thereon for any related series of major violations.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 102 | Planning Code: Supplement 59).
Full Breakdown
750, enacted by Ordinance No. 13719 § 6 in December 2022, is a single-sentence ban: providing or offering to provide an ADU for short-term rental of less than thirty days is a public nuisance. Unlike the citywide home-share rules that let owners rent out spare bedrooms in their primary residence, this section carves ADUs out entirely from the short-term rental market, the unit must be rented for 30 days or more, or not offered as a short-term rental at all. 08 among the codes it covers.
060, the City can assess civil penalties of up to $1,000 per day, capped at $365,000 per calendar year for an individual parcel, with the exact schedule set by the City Manager based on the duration, frequency and severity of the violation. 010's general misdemeanor penalty, up to six months in county jail and a $1,000 fine, if the City elects criminal rather than civil enforcement, since each day the violation continues is a separate offense. The prohibition applies regardless of whether the ADU was built under a delay-of-enforcement approval, an ADU permit, or as a legal conforming unit; the short-term rental ban is a use restriction independent of construction status.
Violations & Fines
Renting an ADU short-term is a public nuisance under § 15.08.750, exposing the owner to civil penalties of up to $1,000 per day (capped at $365,000 per year per parcel) under OMC § 1.08.060, plus administrative costs set by the Master Fee Schedule. The City can also pursue the general misdemeanor track under § 1.28.010, up to $1,000 and six months in jail, with each day of continued rental counted as a separate violation.
Frequently Asked Questions
Can I rent my Oakland ADU on Airbnb for a weekend?
What's the penalty for a short-term ADU rental in Oakland?
Does this apply if my ADU has a legal building permit?
Sources & Official References
Other rules in Oakland
California rules heatmap·Compare Oakland to another location·View the California accessory structures overview
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ADU Rental Restrictions in Nearby Cities
How other cities in Alameda County handle adu rental restrictions.