California law (Gov. Code § 65852.2(a)(6)) prohibits renting an ADU for less than 31 days, effectively banning short-term/vacation rentals (Airbnb, VRBO) of any ADU permitted after January 1, 2020. Tulare's TMC § 10.60.030 incorporates this limitation by reference to state law. Long-term rentals (31 days or longer) are permitted and the ADU cannot be sold separately from the primary dwelling (with limited SB 9 / qualified nonprofit exceptions).
Gov. Code § 65852.2(a)(6) provides: 'A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.' This makes short-term vacation rental of an ADU illegal statewide — Tulare has no power to relax it. Tulare County's own draft short-term rental ordinance was voted down 3-2 in February 2025, leaving STR enforcement at the city level. The city does not separately permit STR use of ADUs. The ADU itself cannot be sold or conveyed separately from the primary dwelling, unless the lot is split under SB 9 (Gov. Code § 65852.21 / § 66411.7) or the ADU is conveyed by a qualified nonprofit under Gov. Code § 65852.26. Long-term rentals (31 days or longer, including month-to-month and standard leases) are fully permitted. State just-cause eviction and rent cap protections under AB 1482 (Civil Code § 1946.2 and § 1947.12) apply to most ADU rentals after the first 15 years from certificate of occupancy.
Renting an ADU for under 31 days violates state law and may be enforced as a public nuisance under TMC Ch. 7.28 (Nuisance). The city may impose administrative penalties, revoke the certificate of occupancy, and refer repeat violators for prosecution. Transient occupancy tax (TOT) liability may also attach.
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