El Dorado County, CA Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Minimum ADU rental term
- 30 consecutive calendar days
- Short-term/vacation rental of ADU
- Not allowed
- ADU sale apart from home
- Prohibited
- State exception
- Gov. Code § 65852.26
- Applies to
- Single-family and multi-family zoned lots
- Enforcement
- Sec. 130.67.040 / Chapter 9.02
Summary
El Dorado County Code Section 130.40.300(B) lets an accessory dwelling unit be rented separately from the main house, but only for terms of 30 consecutive days or longer, which rules out nightly or weekly vacation rentals in a standalone ADU. The unit also cannot be sold or transferred apart from the primary residence except under a narrow state-law exception.
In all zones that permit single-family or multi-family residential development, the expansion of the primary dwelling or the construction of a new structure for the purpose of creating an accessory dwelling unit or a junior accessory dwelling unit is allowed by right, subject to the provisions of this Section. The accessory dwelling unit may be rented separate from the primary residence for a term of not less than 30 consecutive calendar days, but may not be sold or otherwise conveyed separate from the primary residence except as provided for in Government Code Section 65852.26.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 13 Update 4).
Full Breakdown
El Dorado County built its ADU ordinance to implement California Government Code Section 65852.2 for accessory dwelling units and Section 65852.22 for junior ADUs, and Section 130.40.300(A) instructs that wherever the county's own rules are less restrictive than state law, the county's more permissive standard controls. Section 130.40.300(B) makes clear that once an ADU is legally established on a lot zoned for single-family or multi-family use, it can be leased out separately from the primary home, but the lease has to run at least 30 consecutive calendar days. That floor blocks the unit from being marketed as a short-term or vacation rental, since anything shorter than a month does not meet the 'not less than 30 consecutive calendar days' standard.
The same subsection prohibits selling or otherwise conveying the ADU apart from the primary residence, so a property owner cannot subdivide title to sell the ADU to a different owner than the main house. The only carve-out is Government Code Section 65852.26, which allows limited condominiumization of ADUs built by qualified nonprofits for lower-income housing. Outside that narrow state pathway, the ADU and primary dwelling stay under one deed.
Because the rental floor is written into the same section that grants by-right approval for ADU construction, it applies automatically to any ADU built under Section 130.40.300, whether attached, detached, or converted from existing space like a garage; there is no separate permit application for the rental restriction itself.
Violations & Fines
Renting an ADU for less than the 30-day minimum, or selling it apart from the primary residence outside the Government Code Section 65852.26 exception, violates Section 130.40.300(B) and is treated as an unlawful use of the property under Section 130.67.040, subject to Chapter 9.02 code enforcement with escalating fines of $100, $250, and $500 for repeat notices.
Frequently Asked Questions
Can I rent out my ADU as an Airbnb in El Dorado County?
Can I sell my ADU separately from my house?
Does the 30-day rental rule apply to junior ADUs too?
Sources & Official References
Other rules in El Dorado County
California rules heatmap·Compare El Dorado County to another location·View the California accessory structures overview
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