Stockton ADUs cannot be rented for fewer than 30 consecutive days, per Cal. Gov. Code §65852.2(a)(6) and SMC §16.80.310. Long-term rentals (31+ days) are permitted with no city-issued occupancy permit. ADUs may not be sold separately from the primary residence unless Stockton adopts an opt-in ordinance under AB 1033 (Cal. Gov. Code §65852.26) — to date, no such ordinance has been adopted. Short-term rentals citywide are subject to transient occupancy tax (TOT) at SMC Chapter 5.50 for stays of 30 days or less.
Cal. Gov. Code §65852.2(a)(6) requires every local ADU ordinance — including Stockton's SMC §16.80.310 — 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 Stockton has adopted an opt-in ordinance under AB 1033 (Cal. Gov. Code §65852.26); Stockton has not done so as of late 2025. Stockton's transient occupancy tax under SMC Chapter 5.50 applies to any rental of 30 days or less in any dwelling; for an ADU specifically, the 30-day minimum-rental rule means the TOT issue does not arise — STR use of an ADU is simply prohibited. Owners renting a Stockton ADU long-term are not required to register the unit with the city; standard landlord-tenant laws (Cal. Civ. Code §§1940 et seq.) apply.
Renting a Stockton ADU for under 31 days violates SMC §16.80.310 and Cal. Gov. Code §65852.2(a)(6). Enforcement is through Stockton Code Enforcement with administrative citations and abatement orders. Operating an STR without paying TOT under SMC Ch. 5.50 also exposes the owner to back taxes, penalties, and interest.
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